I objected to the traffic fine, but a payment order still arrived; what should I do?

According to this decision of the Council of State, issuing a payment order while your objection lawsuit is pending is unlawful. You can file a lawsuit in the administrative court for the annulment of the payment order.

Does the decision of reversal in the interest of the law directly change my past lawsuit?

Decisions of reversal in the interest of the law do not retroactively affect acquired rights for the parties to the lawsuit, but they constitute a binding precedent for similar future lawsuits.

COUNCIL OF STATE RULINGS4 July 2026

Unfinalized Criminal/penal Decision from the Council of State

Official titleDecision Belonging to the Eighth Chamber of the Council of State

The Council of State, ruling that a payment order cannot be issued for the collection of unfinalized administrative fines, has reversed the local court's decision to the contrary in the interest of the law.

Details of the Regulation

The Eighth Chamber of the Council of State has clearly demonstrated that administrative fines (including traffic fines) cannot be pursued and collected under Law No. 6183 before becoming final. In the dispute at hand, while the lawsuit filed in the Peace Criminal Court against the traffic fine imposed on the plaintiff was ongoing, a payment order was issued by the defendant administration. Izmir 2nd Administrative Court dismissed the lawsuit for the annulment of the payment order on the grounds that there was no stay of execution decision. However, examining the file upon the application of the Chief Public Prosecutor's Office of the Council of State, the Council of State stated that enforcement proceedings cannot be initiated before an administrative fine becomes final and that the contrary situation is unlawful, thereby reversing the local court's decision in the interest of the law.

REGAS Commentary

This decision guarantees that when you object before a peace criminal judgeship to administrative fines, such as traffic fines you believe were imposed unfairly or erroneously, the state cannot send you an enforcement or payment order until the court process is completed. Payment orders sent while the objection process is ongoing are legally invalid.

Questions You Might Have

I objected to the traffic fine, but a payment order still arrived; what should I do?: According to this decision of the Council of State, issuing a payment order while your objection lawsuit is pending is unlawful. You can file a lawsuit in the administrative court for the annulment of the payment order.
Does the decision of reversal in the interest of the law directly change my past lawsuit?: Decisions of reversal in the interest of the law do not retroactively affect acquired rights for the parties to the lawsuit, but they constitute a binding precedent for similar future lawsuits.

Key Terms

Kanun Yararına Temyiz: It is the appeal of finalized court decisions containing illegalities by the Chief Public Prosecutor's Office of the Council of State in order to prevent future incorrect applications.
Ödeme Emri: An official notification that initiates the collection process in the event public receivables are not paid voluntarily and demands payment of the debt.
Kesinleşme: The completion of legal objection and lawsuit filing periods against an administrative sanction, or the decision becoming final through the exhaustion of judicial remedies.

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