An evaluation on the concept of indirect and personal interest in the context of annulment action

In article 2 of Turkish the Administrative Jurisdiction Procedures Law (Law no: 2577) it is stated that “those whose interests are breached” may bring an annulment action. In the doctrine and judicial precedents it is accepted that interest must be personal, actual and legitimate. The subject matter of this article is the personality of the interest. The personality of interest means the administrative action affecting the person directly or indirectly. It is not possible to place strict limits on the quality of personality. It should be separately evaluated in terms of the subject of each case. Interpretation of administrative jurisdiction places regarding the interest carries great importance; because interpreting the personality quality of the interest narrowly or broadly shall narrow or expand the scope of application of annulment action. This issue shall be examined in light of a ruling of the Council of State in which they have considerably limited the concept of indirect and personal interest by incorrectly evaluating the characteristics of the claimant