25/3/2014 that the execution of the action which is the subject of the case is stayed until a new
judgment is rendered after the defence statement of the administration standing as defendant and its
interlocutory judgment response are taken or the duration for defence and for response to
interlocutory judgment expire… and that the administrations standing as defendants are given (15)
days for defence and for responding to the interlocutory judgment.”
B. Relevant Law
14. Clause four of article 138 of the 1982 Constitution is as follows:
“Legislative and executive organs and the administration shall comply with court
decisions; these organs and the administration shall neither alter the court decisions in any
way whatsoever nor delay the execution thereof.”
15. Sentence one of clause two of article 27 of the Law No. 2577 on Administrative
Jurisdiction Procedure is as follows:
“In cases where both conditions; arise of damages which are difficult or impossible to
compensate for as a result of the implementation of the administrative action and explicit contrariety
to law of the administrative action, materialize together, the Council of State or the administrative
courts can render a judgment on the stay of execution by indicating the justification after the defence
statement of the administration standing as defendant is taken or after the duration for defence has
expired. The execution of administrative actions the effectiveness of which will exhaust upon the
execution thereof can be stayed without taking the defence statement of the administration in a way to
be decided again after the defence is taken.”
16. Clause seven of article 27 of the Law No. 2577 on Administrative Jurisdiction
Procedure is as follows:
“As to the judgments concerning the stay of execution requests; objections can be filed for
only once within seven days from the notification of the decision to the Boards of either the
Administrative or Tax Law Chambers depending on the subject of the action if the judgment is
rendered by the law chambers of the Council of State, to the nearest regional administrative court
against the decisions of the regional administrative court, to the regional administrative court against
the decisions of administrative or tax courts and against decisions rendered by a single judge and,
during the judicial recess period, to the nearest court on duty or to the court on duty which the judge
who rendered the judgment does not participate in against the decisions of the tax and administrative
courts.
Bodies to which the objections have been brought must decide on the objection within seven days
after they receive the file. Decisions rendered upon objections shall be final.”
17. Sentence one of clause one of article 28, titled “Consequences of decisions”, of
the Law No. 2577 on Administrative Jurisdiction Procedure is as follows:
“As to the requirements of the decisions of the Council of State, the regional administrative
courts, the administrative and tax courts on the merits of the case and on the stay of execution, the
administration shall be obliged to conduct acts or take actions without delay. Under no circumstances
can the duration for this exceed thirty days starting from the notification of the decision to the
administration.”
18. Clause (4) of article 9 of the Law dated 4/5/2007 and No. 5651 on the Regulation of
Publications on the Internet and Fight Against Crimes Committed by Means of Such Publications is as
follows:
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