Name of the institution : Council of State President : Mr Mustafa BIRDEN Address : Danistay Baskanligi Ihlamur Sok. No : 4 Sihhiye 06 448 - Yenisehir Ankara Turquie Phone number : (90) (312)425 99 14 (Jurisdiction) (90) (312) 418.72.77 (Presidency) (90) (312) 418.15.44 (Secretary) Fax : (90) (312) 418.60.32 Internet : www.danistay.gov.tr

Composition and structure

Number of members :
95 including the President, First-Advocate-General at the Council of State , two vice-presidents, 13 presidents of section and 78 carrer members.
In addition to the councillors of State, there are judges-rapporteurs and advocates-general who are considered administrative judges.

Recruitment procedures and incompatibilities :
75 % of the councillors are chosen by the Suprerior Council of Judges and Prosecutors amongst the 1st class judges and prosecutors of the admininstrative courts ; the other 25 % are appointed by the President of the Republic amongst civil servants satisfying certain criteria set out by law. Pursuant to the Organic Law on the Council of State, the President of the Republic may choose the councillors amongst civil servants having occupied a high function as minister, undersecretary of state, ambassador, prefect, professor of law, econnomy, finances or public administration, etc.

The President, First-Advocate-General, the vice-presidents and the presidents of section are elected by the General Assembly of the Council of State amongst the career members, by a secret vote and with an absolute majority of all members, for a term of four years. Their mandate is renewable.

The judges-rapporteurs and the advocates-general are appointed to the Council of State by the Superior Council of Judges and Prosecutors amongst the judges of the administrative courts.

The presidents of section are elected. The members and judges-rapporteurs are assigned to a specific section by decision of the Council of Presidency according to the needs of the service ; they may be transfered to another section by the same procedure.

The advocates-general act under the supervision of the First-Advocate-General. The affairs are distributed amongst them by order of the latter. The advocates-general prepare the affair in the name of the First-Advocate-General and have to hand over their written conclusions in one month.

The career members of the Council of State are under the legal status of high judge. It is defined by the Constitution and the law according to the principle of judicial independence. The judges are irremovable and may not be retired, without their agreement, before the age of 65 years. They may not be deprived in any case of their salary.

The members of the Council of State do exercise their function in the Council of State. However, according to a special provision of the Organic Law on the Prime ministry, the members of the superior courts and of the Council of State may accept to work for the Prime minister. In case of the concerned member's consent, the presidents of the superior courts are even obliged to give a positive answer to the requests of the Prime minister.

Internal organization :
The Council of State of Turkey is an institution established by the Constitution. As a high admininstrative court, it is in the same time an admininstrative jurisdiction and a consultative organ. Its composition is defined at an organic law.

The judgment panels are :
- the sections of litigations which constitute each an independent tribunal adjudicating, in the name of the Turkish nation, administrative and fiscal complaints ;
- the General Assembly of the sections of admininstrative litigations ;
- the General Assembly of the sections of fiscal litigations ;
- the Assembly of unification of the case-law.

The admininstrative panels are :
- the sections ;
- the Council of administrative affairs ;
- the Plenary Assembly of the Council of State.

The sections are constituted of one president and at least four members. The quorum is of 5 persons. Decisions are taken by majority vote.

Publications :
A review published every three months.

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Court functions

Jurisdiction :
The Turkish admininstrative courts are empowered to hear actions ultra vires concerning unilateral acts issued by an admininstrative authority, or by a professional organization of public nature. They are also competent for all compensation disputes.

Organization of the courts system :
The Turkish administrative courts system is constituted of admininstrative tribunals, fiscal tribunals, regional administrative tribunals and the Council of State.
The admininstrative tribunals are adjudicating, in first and last instance, disputes arising from administrative matters. The fiscal courts are competent to hear suits concerning taxes, expenses, costs and fiscal charges. The regional admininstrative tribunals examine appeals lodged against certain judgements of the admininstrative and fiscal tribunals, and especially against their decisions admitting or refusing reprieve from execution.
The Council of State is mainly judge of cassation of the decisions rendered in first and last instance by the admininstrative and fiscal tribunals. It may be seized directly for certain disputes as defined by the organic law. So the Council of State tries, in first and last instance, complaints against the by-laws of public admininstration, regulations, subordinate legislation issued by the ministers and public authorities and complaints against decision concerning the individual situation of high civil servants.

Powers of the judge :
The actions for cassation against the rulings of the admininstrative and fiscal tribunals are examined by the concerned section of the Council of State. Those against decisions taken, in first and last instance, by a section of the Council of State are tried, according to their nature, by the General Assembly of the sections of admininstrative litigations or fiscal litigations.
When acting as judge of cassation, the Council of State quashes the impugned decision :
- when the tribunal has exceeded its jurisidiction ;
- when the decision is contrary to law ;
- when the procedural rules and provisions have not been respected.

In that case, the Council transmits the affair to the tribunal whose ruling has been annuled. If there is no founded argument for cassation, the Council rejects the request and confirms the initial judgment.

In matters of actions ultra vires, the Council of State is empowered, as judge of first and last instance, to grant reprieve from execution or to decide the annulment of the illegal acts. In matters of public liability, it may award damages.

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Advisory functions

Existence and extent of an advisory authority :
Pursuant to the Constitution and the organic law, the Council of State gives its opinion on the draft bills which are transmitted by the Prime mininster and on any other question which are submitted to it by the President of the Republic or by the Prime minister. The Council is obliged to examine the drafts of the by-laws of public admininstration, to give opinion on the general conditions of concessions and the contracts of concession. It is competent to adjudicate any conflict or to exercise any task which has been assigned to it by the law.

Authority and publicity of its advices :
The Government is not bound by the Council's advices. But it occurs very rarely that the Government does not take into account its opinion.
The advices given by the admininstrative sections of the Council of State are published in the review of the Council of State.

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