04.07.2026 18:31
The Council of State ruled that the administration cannot issue a payment order for collection purposes while the legal process is ongoing in the objection filed with the criminal judgeship of peace against the administrative fine imposed on the driver for exceeding the speed limit.
According to the decision of the Eighth Chamber of the Council of State published in the Official Gazette, an administrative fine of 1506 lira was imposed on Ahmet Dokucu under the Highway Traffic Law for exceeding the speed limit with his vehicle in Izmir.
NO PAYMENT ORDER CAN BE ISSUED FOR COLLECTION WHILE THE JUDICIAL PROCESS IS ONGOING
The plaintiff, claiming that the traffic fine in question was unjust, objected to the Menemen Criminal Court of Peace for its cancellation.
While the judicial process regarding the objection was ongoing, the administrative sanction report prepared for the fine was sent to the Vehicle Tax Directorate for the purpose of collecting the fine, and a payment order was issued in the name of the plaintiff.
The plaintiff's objection to the criminal court of peace for the cancellation of the fine was rejected, while the lawsuit filed at the Izmir 2nd Administrative Court for the cancellation of the payment order issued during the period when the fine had not yet become final was also rejected.
Upon the finalization of the administrative court's rejection decision, the Chief Prosecutor's Office of the Council of State requested that the decision be reviewed and overturned in the interest of law, on the grounds that issuing a payment order for the collection of an administrative fine that had not become final was unlawful.
THE ADMINISTRATION IS OBLIGED TO EX OFFICIO EXAMINE WHETHER THE PUBLIC RECEIVABLE HAS BECOME FINAL
The Eighth Chamber of the Council of State, which examined the request, evaluated the provisions of the Misdemeanor Law No. 5326 and the Law on the Collection Procedure of Public Receivables No. 6183 together.
The Chamber emphasized that, in case of an appeal to the criminal court of peace against administrative fines, this fine will only gain final status at the end of the judicial process.
In the decision, it was noted that the administration conducting the follow-up procedures must ex officio examine whether the public receivable has become final, and it was stated that issuing a payment order by moving to the collection phase while the matter is still in the judicial stage and before the fine has become final is unlawful.
For the reasons explained, the Eighth Chamber of the Council of State accepted the Chief Prosecutor's Office's request for appeal in the interest of law and unanimously decided to overturn the Izmir 2nd Administrative Court's decision to reject the case, in the interest of law, without affecting its legal consequences.
A copy of the decision was also sent to the relevant ministries.