Abstract:

In Turkish Law, acording to Turkish Civil Code, general conditions for capacity to sue are to have both capacity to rights and capacity to act. However for action of nullity case and full remedy action, which are seems in administrative juristiction, some additional conditions are needed. As a clearly stated in article 2 of Administrative Trial Procedure Law No. 2577, these additional terms has been determined that “breach of interest” for action of nullity cases and “damage to perconel rights” for full remedy actions. These additional case conditions hidden among the definitions made in order to explain the types of cases seen in the administrative jurisdiction in article 2 of the Law is defined as "subjective competence" in the doctrine. However, the details of these subjective conditions of case, which bring additional conditions to the party license in administrative case are shaped by the criteria determined first by the French Council of State and then by the Turkish Council of State, which is influenced by the case law therein and introduces new case law. Therefore, regardless of how unjust the act and / or action taken by the administration, finding the allegations of illegality or defect to be evaluated by the administrative judicial bodies depends primarily on the fulfillment of this subjective capacity to sue requirement. In this study, these subjective capacity to sue requirements for administrative cases will be analyzed, taking into account the case law of higher judicial bodies.

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