Legal Aid Under Turkish Administrative Judicial Procedural Law

Nilay Arat

Article Details

Legal Aid Under Turkish Administrative Judicial Procedural Law

Authors:

Nilay Arat

Publisher:

Istanbul University

Main Topics:

Law in Context

Journal:

Annales de la Faculté de Droit d’Istanbul Issue 72, pp.71-95

Document Type:

Article

Publication Date:

5/2023

Document Language:

English

Document ID (Org No.):

2001290004

pISSN:

0578-9745

Keywords:

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.

 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.

 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.

 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.

Article Details

Legal Aid Under Turkish Administrative Judicial Procedural Law

Authors:

Nilay Arat

Publisher:

Istanbul University

Main Topics:

Law in Context

Journal:

Annales de la Faculté de Droit d’Istanbul Issue 72, pp.71-95

Document Type:

Article

Publication Date:

5/2023

Document Language:

English

Document ID (Org No.):

2001290004

pISSN:

0578-9745

Legal aid

Judicial assistance

Right to fair trial

Right to court

Administrative judicial procedure“Legal aid”

“right to fair trial”

“right to court”

“administrative judicial procedure”

Issues

Article Details

Authors: Nilay Arat

Publisher: Istanbul University

Main Topics: Law in Context

Journal: Annales de la Faculté de Droit d’Istanbul Issue 72, pp.71-95

Document Type: Article

Publication Date: 5/2023

Document Language: English

Document ID (Org No.): 2001290004

pISSN: 0578-9745

Issues

Authors:

Nilay Arat

Publisher:

Istanbul University

Main Topics:

Law in Context

Journal:

Annales de la Faculté de Droit d’Istanbul Issue 72, pp.71-95

Document Type:

Article

Publication Date:

5/2023

Document Language:

English

Document ID (Org No.):

2001290004

pISSN:

0578-9745