Constitutional Law

According to the 8th paragraph of the temporary 1st article added to the Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court, individual applications against final acts and decisions that have become final have been examined by the Constitutional Court since 23.09.2012. While Article 45 of the same law recognizes the right to individual application, the European Court of Human Rights accepts individual applications made to the Constitutional Court as an effective domestic remedy. Applications to the Constitutional Court must be in accordance with the Court's jurisdiction in terms of person, subject, place and time, and the application period has been determined as 30 days from the exhaustion of the last application remedies.

 

Our legal consultancy and attorney services cover individual applications to the Constitutional Court on the grounds that fundamental rights guaranteed by the Constitution or rights specified in the European Convention on Human Rights and additional protocols to which Turkey is a party have been violated by public authorities. During this process, procedures such as determining whether administrative and judicial remedies have been exhausted for the acts, actions or omissions that led to the violation, evaluating the admissibility conditions of the individual application, determining whether the application complies with Law No. 6216 and the Constitutional Court Rules of Procedure, presenting precedents supporting rights violations and preparing a response to the opinion of the Ministry of Justice are carried out. Within this scope, we provide support regarding the follow-up of individual applications at the Constitutional Court.