Abstract:

Some Problems Pertaining to the Court Fees Arising as a Result of the Decision of the Constitutional Court Dated 14.01.2010 and the Current DevelopmentsC ourt fees should not be in the amount and nature that they prevent the freedom of seeking your rights and justice. In this regard, the Constitutional Court has cancelled the provision of the Law on Fees which states that the “judicial decree shall not be given to the individual concerned until the fees for the decision and the judicial decree are paid” on grounds that this provision is in violation of the right to seek justice. However, on the other hand it has denied the request to cancel the provision of article 32 of the same law which states that “the ensuing formalities shall not be performed until the fees for the trial have been paid”. The “ensuing formalities” contained in this article have been interpreted in different ways in application and consequently has led to certain hesitations. Pursuant to this “the fact that the balance of the decision and judicial decree is not paid shall not preclude the notification, implementation of the decision, and application for legal measures” was added to article 28 of the Law on Fees. However, certain courts do not issue judicial decrees to the individual concerned without paying the decision and judicial decree fee, and some offices of lien refuse to take action on the decision, in spite of the amendment to the law. This situation is in clear violation of the law. In this study we shall examine some of the problems pertaining to the court fees and the decision of the Constitutional court on this matter

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