Individual Application To The Constitutional Court

Individual Application To The Constitutional Court

WHAT IS AN INDIVIDUAL APPLICATION TO THE CONSTITUTIONAL COURT?

The possibility of individual application to the Constitutional Court was introduced to our legal system in September 2012. Prior to 2012, the Constitutional Court had only the duty of norm review, but now it also examines the applications made in case of violation of the fundamental rights and freedoms guaranteed in the Constitution by the public power.

Article 148/3 of the Constitution stipulates that everyone may file an application claiming that the fundamental rights and freedoms guaranteed in the Constitution have been violated by the public power within the scope of the European Convention on Human Rights. As such, in the event that fundamental rights and freedoms within the ECHR and the additional protocols to which we are a party are violated by the public power, the right to remedy the violation of rights through domestic law without going to an international court is recognised.

WHAT IS THE CONSTITUTIONAL COURT INDIVIDUAL APPLICATION PROCEDURE? HOW TO APPLY?

Individual application to the Constitutional Court is subject to different procedures. It can be made by filling out the application form published on the website of the Constitutional Court “www.anayasa.gov.tr”. At the same time, an example of an individual application form can be found in Annex-1 of the Rules of Procedure of the Constitutional Court and the issues to be included in the form are also included in the Rules of Procedure. The application form should be filled out in an official language in accordance with the conditions and procedures set out in the Rules of Procedure and should be sent by attaching the documents and evidence that should be attached, if any.

You can access our other article examples and petition examples by clicking here.