Council of State Rules That Payment Orders Cannot Be Issued While Traffic Fine Appeal Is Ongoing

The Council of State's Eighth Chamber has ruled that the administration cannot issue a payment order for the collection of an administrative fine while an appeal against the fine is still pending. In Izmir, a driver named Ahmet Dokucu was fined 1506 lira for exceeding the speed limit. Dokucu claimed that the fine was unjust and filed an appeal with the Menemen Magistrate's Court to have it lifted. While the appeal process was ongoing, the administrative penalty report was sent to the Vehicle Tax Office Directorate for collection, and a payment order was issued in Dokucu's name. Dokucu's appeal for the cancellation of the fine was rejected, and a lawsuit filed with the Izmir 2nd Administrative Court to have the payment order canceled was also rejected. After the administrative court's decision became final, the Council of State's Chief Public Prosecutor's Office requested that the decision be reviewed and overturned on the grounds that issuing a payment order for the collection of an unpaid administrative fine was unlawful. The Council of State's Eighth Chamber examined the request and evaluated the provisions of the Law on Misdemeanors and the Law on the Collection of Public Receivables together. The Chamber emphasized that administrative fines can only become final after the conclusion of the judicial process.