Filing a Complaint Against the Municipality

Filing a Complaint Against the Municipality

The legislature has provided special protection for individuals’ rights against powerful public bodies, including municipalities and the government. It has also established appropriate legal mechanisms to challenge the decisions and actions of governmental entities and municipalities, as well as specific procedures for enforcing judgments against them.

Therefore, if damage is caused to you by a municipal authority, it is legally possible to file a complaint against the municipality as a legal entity. Provided that sufficient evidence and documentation exist to establish liability, compensation for damages may be claimed through legal proceedings over time.

Key Considerations in Drafting Legal Submissions and Defending Citizens’ Rights Against Municipal Authorities

Filing a Complaint

The law permits individuals to file complaints when a municipality or its employees cause damage or violate their rights. Municipalities and their agents, like other entities, may commit wrongful acts, including unlawful occupation of property, destruction of property, insult, verbal abuse, or physical injury, depending on the circumstances. In such cases, affected individuals may pursue legal remedies.

Filing a Complaint Against the Municipality Under the Law

Pursuant to Article 331 of the Civil Code, if a person causes the loss of another person’s property or creates a defect or deficiency in it, that person is obliged to compensate by restoring the property or paying the reduction in its value. Accordingly, any person, whether natural or legal, who violates another’s rights is required to compensate for the resulting damage. As a legal entity, a municipality is likewise obligated to compensate for any damage it causes, regardless of the extent of the harm.

Pursuant to Article 173 of the Constitution, an authority known as the Administrative Justice Court has been established under the supervision of the Head of the Judiciary. This court is responsible for hearing complaints and objections raised by individuals against the actions and decisions of governmental authorities, their agents, and municipalities.

What Matters Are Covered by Complaints Against Municipalities

• Complaints Concerning Individual Misconduct by Municipal Authorities or Employees: Individuals may file claims against municipalities or their employees for damages arising from acts such as property destruction, unlawful possession, or violations of rights, or for losses incurred.
• Complaints Regarding Municipal Charges and Fees: Municipal fees are determined annually by city councils and collected by municipalities. Errors may occur in the calculation or assessment of such charges. In these cases, individuals may file complaints against the municipality. A nonjudicial administrative body known as the Commission, under Article 77, is responsible for reviewing disputes and complaints concerning municipal fees.
• Complaints for Encroachment and Unlawful Acquisition of Property: If a municipality unlawfully takes possession of private property without the owner’s consent, whether by widening streets, altering urban plans, or acquiring more land than legally permitted, the property owner may file a complaint against the municipality upon becoming aware of the violation.

Jurisdiction of the Administrative Justice Court

Pursuant to Article 10 of the Law on the Administrative Justice Court, its jurisdiction includes the following matters:

• Review of grievances, objections, and complaints submitted by natural and legal persons.
• Review of actions and decisions of governmental units, including organizations, institutions, ministries, state-owned companies, municipalities, revolutionary institutions, the Social Security Organization, and their affiliated bodies, as well as the actions of their agents in matters related to their official duties.
• Review of objections and complaints against final decisions issued by administrative disciplinary boards and commissions, including tax commissions and labor dispute resolution boards.
• Review of complaints submitted by employees of the aforementioned units and institutions, judges, persons subject to the Civil Service Management Law, and employees of institutions whose inclusion under this law requires explicit designation, whether civilian or military.

Enforcement of Judgments Against the Government and Municipalities

Complaints against municipalities may be heard either before the Administrative Justice Court or before general civil courts. Criminal complaints against the government or municipalities are not admissible. Only civil proceedings seeking compensation for damages may be pursued against these entities.

If a judgment is issued against the government or a municipality by the Administrative Justice Court or a civil court, the decision is referred to the enforcement unit and the authority responsible for its execution, thereby obligating them to comply with the court order.

In disputes between private individuals, once an enforcement order is issued and served, the judgment debtor must comply within ten days. In the event of non-compliance, enforcement may proceed through compulsory measures, including the seizure of assets. However, when the judgment debtor is the government or a municipality, enforcement is subject to special procedures. Due to reliance on annually approved budgets, these entities may not execute judgments in excess of their allocated budgets, and execution may be deferred until the end of the relevant fiscal year.

Frequently Asked Questions About Filing a Complaint Against the Municipality