Constitutional Court Individual Application

Individual application to the Constitutional Court is an important legal mechanism in the Turkish legal system through which citizens can appeal against violations of their rights by the state. With the article added to the Constitution in 2010, individuals were granted the right to appeal directly to the Constitutional Court when they believe their fundamental rights and freedoms have been violated. This application method uses the Constitutional Court’s supervisory authority in favor of citizens, providing a more effective way to seek their rights.

Individual application can be used not only against administrative or judicial decisions in Turkey, but also against actions of any organ of the state that harm the rights of individuals. This mechanism allows for the rapid elimination of violations, especially regarding fundamental rights and freedoms.

The application is made directly to the Constitutional Court and the subject of the application must be a situation that is contrary to the Constitution. Through this application, citizens can request a decision from the Constitutional Court only if a violation is detected. If the Court finds a violation of rights as a result of the application, it directs the state organs to take corrective steps.

Main Topics Covered in the Individual Application:

1. Violation of Fundamental Rights and Freedoms: – In case of violation of fundamental rights such as personal rights, freedom of expression, and property rights guaranteed by the Constitution, an individual application can be made.
2. Right to a Fair Trial: – Individual applications can be made in case of legal violations during the trial process, impartiality of the judiciary, and unfairness of the process.
3. Human Rights Violations: – In case of a situation that violates the European Convention on Human Rights, an application can be made to the Constitutional Court.
4. Right to Personal Security and Ill-Treatment: – In cases of violations of the physical and psychological integrity of the person, an application may be made to the Constitutional Court.
5. Property Rights: – An application can be made in case of violation of property rights as a result of arbitrary practices carried out by the public or private sector.

Application Process:

The individual application process is a form of application that must be made within a certain period of time. Application to the Constitutional Court can generally be made after domestic remedies have been exhausted. For this, the appeal process of the decisions of the local courts regarding the subject of the application must have been completed.

As Aykut Law Firm, the services we offer within the scope of individual applications:

• Managing the individual application process to the Constitutional Court
• Preparation of the application file and collection of necessary documents
• Detailed legal analysis of claims of fundamental rights violations
• Following the steps required by the violation decisions after the application
• Initiating legal processes for the implementation of the Constitutional Court decisions

The individual application process to the Constitutional Court is a highly technical and detailed process that requires expertise. As Aykut Law Firm, with our years of experience, we provide professional services to our clients in this field. We ensure that our clients’ rights are protected in the most effective way at every stage.