Individual Application to the Constitutional Court: Conditions and Process

Individual application to the Constitutional Court is the last domestic remedy of constitutional guarantees that everyone can apply to on the grounds that any of the fundamental rights and freedoms guaranteed in the Constitution, within the scope of the European Convention on Human Rights (ECHR), have been violated by the public power. 1982 Constitution article 148 regulates Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court and the Constitutional Court Internal Regulation

Subject of Individual Application

Fundamental rights and freedoms guaranteed in the Constitution and also covered by the ECHR:

• Right to life (TCL Art.17 / ECHR Art.2)
• Prohibition of torture and ill-treatment (AY Art. 17/3 / ECHR Art. 3)
• Personal freedom and security (AY Art.19 / ECHR Art.5)
• Right to a fair trial (AY Art. 36 / ECHR Art. 6)
• Protection of private and family life (AY Art.20 / ECHR Art.8)
• Freedom of thought, conscience and religion (AY Art.24 / ECHR Art.9)
• Freedom of expression (Court Article 26 / ECHR Article 10)
• Freedom of assembly and association (CJ Art. 34 / ECHR Art. 11)
• Right to property (CJ Art. 35 / ECHR Additional Protocol 1 Art. 1)
• Right to effective remedy (ECHR art.13 - with its constitutional reflection)
• Right to education (CJ Art.42 / ECHR Additional Protocol 1 Art.2)
• The right to vote and to be elected (CJ Art. 67 / ECHR Additional Protocol 1 Art. 3)

Application Conditions

1) Victim Adjective

The applicant must be directly and personally affected by the violation. Abstractly, the unconstitutionality of legislative provisions cannot be the subject of individual application. Legal entities can also apply for rights related to their legal personality (e.g. property, fair trial).

2) Transaction/Action of Public Power

The violation must have been committed by public power. This includes court decisions, administrative actions, legislative acts (applied individually) and actions of public officials. Legislative acts and regulatory administrative acts cannot be directly applied against (AY article 148/3); However, an application can be made for violations arising from their concrete implementation.

3) Exhaustion of Domestic Legal Remedies

It is mandatory to exhaust all available effective and accessible legal remedies before individual application. This is the result of the "secondary" nature of the individual application.

• In civil cases: First degree + appeal + appeal (if any)
• In criminal cases: First degree + appeal + appeal (if any)
• In administrative cases: Administrative/Tax court + appeal + appeal (if any)

4) Application Within 30 Days

The individual application period is 30 days from the date of exhaustion of legal remedies (usually from the notification of the final decision) (Law No. 6216, Art. 47). If the deadline is missed due to force majeure or a justified reason, the application can be made within 15 days after the reason disappears; However, the nature of the obstacle must be proven.

5) The Application Must Not Be Clearly Unfounded

The Constitutional Court finds applications that are clearly unfounded, have not exhausted the means to be exhausted, or are out of scope in terms of subject matter, as unacceptable.

Application Process

1) Application with Form

Individual application is made by filling out the standard application form on the Constitutional Court's website. The form must contain the following information:

• Applicant's identity and contact information
• Public power transaction/action information (decision number, date, authority)
• Constitutional provisions allegedly violated
• Summary of events
• Description of alleged violations (detailed legal justification)
• Information and documents regarding exhausted domestic remedies
• Requested measures (if any)

2) Mortar

Application fee is required to be paid. Applications for which fees have not been paid are considered incomplete; If the deficiency is not completed within 15 days, you will be informed that a decision cannot be made on the application.

3) Examination of the Application

The application is first examined by the Commission for acceptability. Applications deemed acceptable are referred to Departments or General Assembly for review on merits.

4) Request for Measures (Internal Regulation Article 73)

If irreparable damage will occur, an interim injunction decision may be requested from the Constitutional Court. Deportation procedures are frequently used in incidents involving danger to life or physical integrity.

Consequences of the Violation Decision

If the Constitutional Court detects a violation, it will have the following consequences (Article 50 of Law No. 6216):

• If a retrial is required to remove the violation, the file will be sent to the relevant court
• Compensation may be decided to be paid
• Taking other precautions to prevent the violation from continuing