Challenging Administrative Fines

Also known as: Administrative Fine Appeal, Misdemeanours Law, Objection to Administrative Fines, Early Payment Discount, İdari Para Cezasına İtiraz

Author Ali Gül

In short

Challenging an administrative fine by applying to the criminal judgeship of peace within fifteen days of service under the Misdemeanours Law, or by bringing an action before the administrative or tax court where a special law so provides.

An administrative fine is a monetary penalty imposed by an authority for a misdemeanour or breach of regulatory rules. The route to challenge it depends on the law on which the fine is based.

General Rule: Criminal Judgeship of Peace

Fines subject to Misdemeanours Law No. 5326 are challenged by applying to the criminal judgeship of peace within fifteen days of service (Art. 27). The application does not automatically stop collection. The judgeship’s decision may be challenged; decisions on fines below a certain amount are final.

Administrative Courts Under Special Laws

Some laws provide for administrative court jurisdiction over fines. In that case an annulment action is brought:

Competition Board fines: Administrative court,
Advertising Board fines: Administrative court,
Personal Data Protection Board fines: Administrative court since 1 June 2024 (previously criminal judgeship of peace),
Tax penalties: Tax court, within thirty days.

Applying to the wrong forum causes loss of time; the law on which the fine is based and the remedy information in the decision should therefore be checked carefully.

Early Payment Discount

Under the Misdemeanours Law, if an administrative fine is paid within one month of service, three quarters of it is collected. Early payment does not affect the right to challenge. Some special laws provide different discount rates and periods.

Stay of Execution

For fines subject to administrative courts, a stay of execution may be requested to suspend collection during the case.

Administrative Fines on Legal Entities

A company may also be fined for certain offences committed by its staff for its benefit; see Administrative Fines on Legal Entities.

Frequently Asked Questions

How long do I have to challenge an administrative fine?

For fines under the Misdemeanours Law, an application is made to the criminal judgeship of peace within fifteen days of service. Where a special law provides for administrative courts, an action is generally filed within sixty days.

Do I lose my right to challenge if I pay the fine early?

Under the Misdemeanours Law, early payment does not affect the right to challenge the fine. If paid within one month of service, three quarters of the fine is collected.

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