Legal Aid Under Turkish Administrative Judicial Procedural Law
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 fo...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
Istanbul University Press
2023-05-01
|
| Series: | Annales de la Faculté de Droit d’Istanbul |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/45099CD0CD714BB08BE56172A1DEE089 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850195155610501120 |
|---|---|
| author | Nilay Arat |
| author_facet | Nilay Arat |
| author_sort | Nilay Arat |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-1b84bc71945e4a248959eee0bb353595 |
| institution | OA Journals |
| issn | 0578-9745 2687-4113 |
| language | deu |
| publishDate | 2023-05-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Annales de la Faculté de Droit d’Istanbul |
| spelling | doaj-art-1b84bc71945e4a248959eee0bb3535952025-08-20T02:13:49ZdeuIstanbul University PressAnnales de la Faculté de Droit d’Istanbul0578-97452687-41132023-05-0172719510.26650/annales.2023.72.0005123456Legal Aid Under Turkish Administrative Judicial Procedural LawNilay Arat0https://orcid.org/0000-0002-8625-054XKadir Has Üniversitesi, Istanbul, TurkiyeIn 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.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/45099CD0CD714BB08BE56172A1DEE089legal aidjudicial assistanceright to fair trialright to courtadministrative judicial procedure |
| spellingShingle | Nilay Arat Legal Aid Under Turkish Administrative Judicial Procedural Law Annales de la Faculté de Droit d’Istanbul legal aid judicial assistance right to fair trial right to court administrative judicial procedure |
| title | Legal Aid Under Turkish Administrative Judicial Procedural Law |
| title_full | Legal Aid Under Turkish Administrative Judicial Procedural Law |
| title_fullStr | Legal Aid Under Turkish Administrative Judicial Procedural Law |
| title_full_unstemmed | Legal Aid Under Turkish Administrative Judicial Procedural Law |
| title_short | Legal Aid Under Turkish Administrative Judicial Procedural Law |
| title_sort | legal aid under turkish administrative judicial procedural law |
| topic | legal aid judicial assistance right to fair trial right to court administrative judicial procedure |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/45099CD0CD714BB08BE56172A1DEE089 |
| work_keys_str_mv | AT nilayarat legalaidunderturkishadministrativejudicialprocedurallaw |