Legal Aid Under Turkish Administrative Judicial Procedural Law

Authors : Nilay Arat

Pages : 71-95

Doi:10.26650/annales.2023.72.0005

View : 48 | Download : 52

Publication Date : 2023-05-22

Article Type : Research Article

Abstract :In this paper, the "legal aid” mechanism, which is an institution that enables parties to participate effectively in the judicial process and "balances” interference with the right of access to court, is discussed. The discussion focusses on the way it facilitates various possibilities of putting forward the claims and pieces of evidence of parties wishing to prove their claims. In this context, the legal aid institution is dealt with primarily within the framework of the right of access to court within the scope of the right to a fair trial. Then, under article 31 of the İYUK, the legal framework of the legal aid institution in the civil procedure is drawn and the application of the legal aid institution in the administrative jurisdiction is examined. This is done only in terms of administrative disputes, excluding cases related to tax disputes due to the difference in the nature of taxation transactions.
Keywords : “Legal aid”, “right to fair trial”, “right to court”, “administrative judicial procedure”