Trial expenses and attorney fees have an important place in terms of both quantity and beneficiary. One of the important judicial principles relating to the trial expense is the principle of procedural economy. The principle aims the simple and cheap advancement and conclusion of the trial process. However, as a result of the broad interpretation of the principle of cheapness, the fact that the lawyer’s labour and effort is overlook is indeed incompatible with the purpose of the judicial activities. There may be multiple administrative actions that would be considered as illegal in the annulment lawsuits filed against them, and there would be further problems arising to topics such as under what conditions and how these cases will be filed. According to 5th Article of the Administrative Judgment Procedure Law No. 2577, the plaintiff is entitled, as a rule, to separate cases against each administrative action. When the principle of procedural economy is evaluated together with this right envisaged in the Law, there are problematic issues to be dealt with2. In particular, the regulation on serial cases included in the Minimum Attorneyship Free Tariff, which should be considered relatively new according to other regulations, may also pose problems in terms of the implementation. The decision of the 7th Chamber of the Council of State, which constitutes the subject of this study, included different interpretations to the topics of the right granted to the plaintiff, labor and effort of the lawyer and interpretation of the procedural economy. In this study, general information about attorney fee, procedural economy and the separation concerning related and serial suits will be given and the problems with respect to the determination of the attorney's attorney fee emerging from lawsuits filed against administrative transactions and multiple administrative transactions in the decision under examination will be evaluated.
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Research Articles |
Authors | |
Early Pub Date | May 15, 2022 |
Publication Date | May 31, 2022 |
Published in Issue | Year 2022 Volume: 3 Issue: 1 |
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