The prohibition of extension and alteration of claim and defense and amendment (Amount increase) in administrative jurisdiction

The prohibition of extension and alteration of claim and defense is a principle indicating that the parties are bound by their claims and defenses made in an ongoing lawsuit after a certain stage, in other words, they cannot alteration or extension claims and defenses. Following the commencement of the prohibition, for the plaintiff, it appears as the "prohibition of extension and alteration of claim" and for the defendant, it appears as the "prohibition of extension and alteration of defense." The purpose of the prohibition, in short, is to ensure the expeditious conclusion of the litigation and prevent it from being prolonged. The procedure of amendment, which is the most important exception to the prohibition in civil procedure, has not found application in judicial decisions in administrative jurisdiction law due to legislation obstacles. This situation has led to numerous judgments of violation of rights by the European Court of Human Rights (ECHR). Therefore, the provision allowing an increase in the amount in full remedy cases, which constitutes the substantial part of our study, was incorporated into the legislation with Law No. 6459 enacted in 2013. The aim of our study is to reveal the details of the prohibition of extension and alteration of claim and defense existing in civil procedure, along with its most important exception, the procedure of amendment, by identifying the scope, applicability, and differences of the regulations existing in administrative jurisdiction. Thus, it will also be demonstrated why the possibility for an increase in the amount introduced by Law No. 6459 and included in the administrative justice system should not be considered as an amendment. Furthermore, since the legislator did not thoroughly address this regulation, its history, purpose of introduction, and how it should be applied will be extensively examined, along with reference to judicial decisions, in order to achieve the purpose of the regulation.