Council of State 15. Head Of Department
Main Number : 2016/186
Decision No : 2016/1423
Summary of the request : Antalya 4. The Administrative Court dated 12/10/2015 and E:2015/327 ; K:2015/64 it is requested that the numbered decision be overturned by being examined on appeal, claiming that it is not in accordance with the law.
Summary of the Defense : The defense is not given.
Opinion: According to the Law No. 2918, since the resolution of the dispute is the duty of the Administrative Court, it is believed that the Administrative Court’s decision on the dismissal of the case from the point of view of duty should be overturned.
ON BEHALF OF THE TURKISH NATION
The explanations of the Examination Judge were listened to by the Fifteenth Chamber of the Council of State, which made the decision, the documents in the file were examined and discussed as necessary:
The case; in the conduct of the plaintiff ……while cruising on the road from Fethiye to kizilcadag korkuteli plate 24.02.2015 of commercial transport of rock fragments falling in the locality of the costs of repair due to collision, as the loss of shipping and 37.605 value,00-TL, loss of earnings, therefore, 1.000,00-TL and non-pecuniary damage 20.000,00-TL; prompt was opened with a decision together with legal interest to be paid.
Antalya 4. By the Administrative Court; 110 of the Law No. 2918. pursuant to Article 15/1-a of the Administrative Trial Procedure Law No. 2577, it was decided to dismiss the case from the point of view of duty on the grounds that the judicial judiciary is responsible for the examination and resolution of the dispute in accordance with Article.
The defendant administration requests that the Administrative Court’s decision, which is stated to be unlawful, be overturned by examining the appeal.
In order to clarify the issue, first of all, it is necessary to consider and study the relevant legislation in detail:
No. 6001 on the organization and duties according to the law, a public legal entity with a special budget to the public , to make roads, to ensure that it is used safely, roads repair, operate, or islettirmek are competent with. ‘first, the public service in the form of highway construction, maintenance and operation will be carried out in accordance with the principles and rules of administrative law; the disputes arising from the administrative actions and actions of the said General Directorate are also subject to Article 125 of the Constitution. article 2 of the Law No. 2577. according to the article, there is no hesitation that it should be resolved at the place of administrative jurisdiction. The amendment made to the Highway Traffic Law No. 2918 with the Law No. 6099 also does not contain a new regulation on the legal responsibility of the road construction and maintenance service; it does not change the judicial route.
14 of the Law No. 2918 dated 19.1.2011 and the Law No. 6099. article 110 of the amended ”Authorized and Authorized Court” entitled. article “Liability cases arising from this Law, including those related to damages caused by vehicles operated or owned by the State and other public organizations, are considered in judicial proceedings. The fact that the injured person is a public official does not prevent the application of the provision of this paragraph. The provisions of this Law are also applied in train-traffic accidents that occur at the level crossing. Lawsuits related to civil liability for motor vehicle accidents can be filed in one of the local courts where the insurer’s headquarters or branch or the agency that makes the insurance contract is located, as well as in the court where the accident occurred.” the rule is in place.
In the provision of the said law, with the expression “liability cases arising from this law”, it is emphasized that the place of jurisdiction limited to cases where the rules on civil liability contained in Law No. 2918 will be applied is determined. Therefore, when determining the place of jurisdiction in charge, it is necessary to determine whether the liability rules regulated in the Law in question, limited to damages caused by motor vehicles, will be applied to the dispute subject to the lawsuit.
In terms of security of life and property to ensure traffic safety on highways and Traffic Law No. 2918, which seeks to determine all the measures of safety concern, Safety General Directorate of National Education, the Ministry of food, agriculture and Livestock Ministry of Maritime Affairs and Communications Ministry of transport and next to the ‘S in terms of Traffic Safety has determined through counting the duties and powers. However, the Law does not regulate the legal responsibilities of other public administrations, and, by the way, for the public services they undertake in relation to traffic Decency and traffic safety.
2918 civil liability and insurance law, entitled the eighth part in the venture connected to the legal responsibility of the owner of the vehicle operator; in other words, due to damage caused by traffic accidents involving motor vehicles, vehicle owners and operators the legal responsibility is regulated.
2918 legal liability in respect of the provisions in the law are considered together when the eighth section, the state and other public bodies from motor vehicle accidents due to public administrations and institutions, including in his capacity as the operator of the vehicle filed against-all appearance of judicial proceedings filed against the owner and operator of the car and fall under the jurisdiction of the solution. However, public administrations and institutions, in order to ensure traffic safety and the laws of their organization Order No. 2918 Highway Traffic Act according to their services, the quality of the Public Service Act No. 2918 carry and seconded by public administration institutions and the responsibilities of being unedited also in response to; to demand compensation for damage allegedly stemmed from traffic order and safety services, and the solution of lawsuits filed against the administration concerned fall under the jurisdiction of the administrative court appearance.
As a result, ‘s organizational specified in the law, in law 2918 repetitive tasks, namely; road construction, maintenance, operation, conducted in the form of securing traffic over the public service are defined according to legal liability arising from the principles and rules of administrative law; judicial administrative jurisdiction of a case to be opened for this reason need to be resolved in full.
From the examination of the case file; It is understood that the case being examined on appeal has been opened with the request to pay the damage caused by the alleged incident by stating that the administration has a service defect since adequate measures have not been taken on the highway, which is under the care and responsibility of the defendant administration.
Dispute that looked like this, private law, the legal responsibility of the vehicle operator, not so as to ensure their safe use under continuous maintenance of highways in law 6001 possession, maintain, build, repair, repairs getting done, operate, or performing, make clean, make and complete tasks to ensure traffic safety in the form of prescribed has not been fulfilled and, therefore, are processed when the services are executed defective, and defects in the service claims to have found damage resulting from, accordingly, the vision and resolution of the case belongs to the administrative courts.
In this case, while a decision should be made by the Administrative Court by examining the merits of the dispute, there was no legal hit in the decision made on the rejection of the case from the point of view of duty.
For the reasons explained, Antalya 4. The Administrative Court dated 12/10/2015 and E:2015/327 ; K:2015/64 the decision No. 54 of the Law No. 2577 to be overturned, the file to be sent to the said court for a decision to be made again. article 1. in accordance with paragraph 07 of this decision, the decision was unanimously decided on 03/07/2016, so that the way to correct the decision is open within fifteen days from the day following the date of notification of this decision.
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