Right of access to court in full trial proceedings

The right of access to a court, which is recognized as an element of the right to a fair trial, simply means that individuals can bring a dispute before a court. The right of access to a court is not an absolute right. In other words, it does not allow everyone to bring every dispute before the court at any time. It may be limited under certain conditions. In this respect, the right of access to the court, what it is and under what circumstances and how it can be limited will be discussed within the scope of our study. There are some special conditions in the legislation for the filing of full remedy lawsuits, which are among the types of administrative lawsuits and which are filed for the compensation of damages arising from the actions and transactions of the administration. These conditions may sometimes be interpreted in different ways. In some cases, these interpretations are overly formalistic and may lead to violations of the right of access to court. Violation of the right of access to the court in full judicial proceedings, which aim to compensate the damages arising from the acts and actions of the administration, may also damage the trust in the judiciary. Within the scope of this study, the issue of how the right of access to the court is and should be evaluated in the context of full judgment actions, which are among the types of lawsuits in administrative proceedings law, has been subjected to academic research. In the research process, the situations specific to full judgment cases were tried to be explained. It has been emphasized how the situations specific to full judgment cases are interpreted in practice. In the decisions of the European Court of Human Rights and the Constitutional Court on the right of access to court in full remedy cases, it has been pointed out which aspects are evaluated. In addition, the decisions of the Council of State and the Regional Administrative Courts on the relevant issues are given and these decisions are evaluated in the context of the right of access to court. It is of great importance to know the special regulations introduced for full court cases, how these regulations are evaluated in accordance with judicial decisions, to what extent these evaluations limit the right of access to court and whether the limitation causes a violation of the right of access to court in order to fully establish justice. Keywords: The right to a fair trial, the right of access to the court, the European Convention on Human Rights, administrative proceedings law, full judicial proceedings