In the rule of law, the main principle is to resolve legal disputes through the state courts. However, within the framework of its discretionary power, the State may introduce various remedies for various disputes. When the law stipulates that a lawsuit may be brought before a civil court only after the exhaustion of a mandatory administrative remedy, it directly concerns the civil aspect of the right to access to a court. The study’s primary purpose is to examine whether mandatory administrative remedies, often overlooked in civil procedure law, violate the right to access to court and explore ways of ensuring more robust protection of such fundamental right. Compulsory outof-court mechanisms limit the right to access to court, an indispensable element of the right to a fair trial. Both in the ECHR system and in Turkish law, the right to access to court may be limited in accordance with the regime of the limitation of fundamental rights. If the authority is not a tribunal and is not considered a tribunal, a judicial appeal must be available against that decision. In Turkish civil procedure law, there are several procedures having mandatory administrative remedies. In particular, an explicit regulation on the mandatory application to the Social Security Institution is needed to secure the right to access to court. The remedies that prevent or postpone the filing of an enforcement proceeding, as well as a lawsuit by a mandatory administrative remedy, should be very carefully regulated.
Limitation of fundamental rights mandatory administrative remedy out-of-court mechanisms procedural requirements right to a fair trial (civil aspect) right to access to a court
| Birincil Dil | İngilizce |
|---|---|
| Konular | Hukuk (Diğer) |
| Bölüm | Araştırma Makalesi |
| Yazarlar | |
| Gönderilme Tarihi | 24 Aralık 2024 |
| Kabul Tarihi | 19 Eylül 2025 |
| Yayımlanma Tarihi | 21 Ocak 2026 |
| DOI | https://doi.org/10.26650/annales.2025.77.0000 |
| IZ | https://izlik.org/JA45WU92BZ |
| Yayımlandığı Sayı | Yıl 2025 Sayı: 77 |