All administrative acts or actions may be challenged before the administrative tribunals (first-instance courts). The Council of State and the other administrative tribunals (administrative courts, tax courts, district administrative courts) perform their duties as to strike a balance between the prerogatives of public authorities and the rights and interests of individuals. The Council of State is the highest administrative court. It is, therefore, the final arbiter of cases relating to executive power, local or public authorities.
The Council of State, in its capacity as an appellate court, is entitled to review the appeals brought against the judgments given by administrative or tax courts under Article 23 of the Council of State Act. It is also a court of first instance while ruling on the disputes of particular importance set forth in Article 24-decisions of the Council of Ministers, joint decrees relating to the permanent secretaries of Prime Ministry and Ministries or other public bodies and organisations, the statutory instruments of the ministries and the statutory instruments of public bodies or public professional organisations that apply in the entire country, actions and acts based on the decision of an administrative chamber or the Board of Administrative Affairs of the Council of State, cases that fall within the jurisdiction of more than one administrative or tax court, decisions of the High Board of Discipline of the Council of State and acts of the Presidency of the Council of State relating to the field of operation of the High Board. It also supervises the judgments delivered by relevant Chamber of the Council of State in such cases.
According to Article 23, the Council of State, in its capacity as an advisory body, is charged with examining draft regulations of the Council of Ministers and presenting its opinion on, firstly the draft legislation submitted by the Prime Ministry or the Council of Ministers, secondly on the conditions and the contracts concerning public services under which concessions are granted, thirdly on the matters submitted by the Presidency of the Republic and the Prime Ministry respectively.
Continous effort is being made as to reduce caseload. New reforms were undertaken and some reforms are underway in order to handle with increasing workload before the Council of State. First of all, the Council of State Act was amended with the Law (No.6110) which came into force on 14.2.2011. The most important feature of this amendment is to increase the number of the members of the Council of State by almost two times. 66 new members were appointed. In addition to the First President, the Chief Advocate-General, there are currently 2 Vice-Presidents, 15 Presidents,1 Secretary General, 133 members, 70 advocates-general, 18 senior judges, 247 rapporteur judges, 521 clerks and civil servants. Also two new chambers were established. Besides, it provides every Chamber with the opportunity of gathering simultaneously as two different committees while ruling on the case files.