Increase of amount in administrative procedure law

As a rule in Administrative Procedure Law, after the period for filing a lawsuit has passed, the expansion or amendment of the subject matter of the claim is prohibited. However, due to the lack of exceptions to this prohibition, the European Court of Human Rights has issued rulings against Turkey, finding violations resulting from the injustices caused. To prevent such violations of rights, an amendment was made to the Administrative Procedure Law No. 2577, introducing the institution of increase in the amount in Administrative Procedure Law. Increase of amount is quite different from the concept of amendment in Civil Procedure Law. While the amendment allows for the complete alteration of a claim, the scope of the increase in the claim amount under Law No. 2577 is much more restricted. According to the law, the increase of the amount is only allowed in full remedy action. Furthermore, this opportunity is limited to a one-time use and can only be exercised until a final decision is reached. However, there may be cases where the plaintiff needs to increase the claim amount a second time. Similarly, the exercise of this right may also come into play in the appeals process. Since the legal provision does not fully address such issues, there are varying practices in the courts regarding the increase in the amount. The aim of this study is to examine the decisions made by the courts regarding the issues encountered with the increase in the claim amount and to provide some clarity on these matters.