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actions arising from subdivision operations, actions concerning the

grant of the operation permit to the coastal facilities.

Council of State examines whether the decision is in compliance

with the law during the second appeal procedure. Following this exam-

ination, if it is concluded that the decision is in compliance with law, it

approves the decision and the approved decision is definitive.

Otherwise, the examined decisions are reversed and dispatched to the

regional administrative court that tried the action before, for it to rehear

the action. The regional administrative court may adopt the reversed

decision of the Council of State or insist on its own decision. Where it

adopts the reversed decision of the Council of State, the appeal exam-

ination of this decision shall be limited to its accordance with the

reversed decision. If the regional administrative court insists on its own

decision by disregarding the reversing decision, it will be examined

and concluded in Council of State plenary session of the chambers for

administrative actions or for tax actions, according to the subject of the

request. Ultimately, it is compulsory to adopt the decisions of the

Council of State plenary sessions of the chambers for administrative

actions and for tax actions.

The Ministry of Justice shall establish regional administrative

courts within three months from the entry in force of Law No. 6545.

The existing regional administrative courts shall continue their opera-

tions until the date the new regional administrative courts are estab-

lished. As of the date when new regional administrative courts are

established, files present at the existing regional administrative courts

shall be assigned to recently established regional administrative courts.

Expedited Trial Procedure

As per the new regulation, an expedited trial procedure is applica-

ble for the disputes arising from the following affaires: tender process-

es excluding the decisions related to the preclusion from participating

in tenders; expedited expropriation procedures; High Board of

Privatization’s decision; sales, appropriation and renting operations in

accordance with the Law on the Encouragement of Tourism No. 2534;

decisions of environmental impact assessments excluding administra-

tive sanction decisions in accordance with Environmental Law No.

PROCEDURAL LAW

279