THE LEGAL AID IN TURKISH ADMINISTRATIVE PROCEDURE LAW IN THE LIGHT OF THE ECHR CASE-LAW

Abstract

The ability of individuals to apply to the judicialway is important in terms of guaranteeing theirfundamental rights and freedoms. In particular,the existence of this legal guarantee becomesmore meaningful in terms of legal relationsbetween the individuals and administration whohave the privilege of using public power whileperforming their duties assigned by positive legalrules. At this point, besides the independenceand impartiality of the judiciary, accessing thejudicial path also appears as a requirement of theright to a fair trial. So that the right to a fair trialcan find application in the legal relations betweenindividuals as well as in public law relationsbetween the administration and individuals. Inthis sense, it should be stated that the legal aidinstitution in Turkish administrative procedurelaw has an important value in terms of the rightof access to court within the framework of theright to a fair trial. Nevertheless, the decisionsof the European Court of Human Rights (ECHR)should be examined to better understand the legalaid institution and ensure the conceptual integritywithin the framework of the right to a fair trial.In this direction, the study will examine how thelegal aid institution’s theoretical foundation isdetermined, and in the light of judicial decisions,how it relates to the fundamental rights andfreedoms of individuals