WHAT IS INDIVIDUAL APPLICATION TO THE CONSTITUTIONAL COURT?
The possibility of individual application to the Constitutional Court entered our legal system in September 2012. While the Constitutional Court had the duty of only norm control before 2012, it now also examines the applications made in case of violation of the fundamental rights and freedoms guaranteed in the Constitution by the public force.
148/3 of the Constitution. In its article, it is regulated that anyone can make an application from the fundamental rights and freedoms guaranteed in the Constitution with the claim that they are violated by the public power within the scope of the European Convention on Human Rights. In this case, in case of violation of fundamental rights and freedoms by the public power, which are within the scope of the ECHR and the protocols to which we are a party, a way to remedy the violation of rights through domestic law is provided without resorting to an international court.
WHAT IS THE CONSTITUTIONAL COURT INDIVIDUAL APPLICATION PROCEDURE? HOW TO DO?
Individual applications to the Constitutional Court are subject to a different procedure. It can be done by filling out the application form published on the website of the Constitutional Court at “www.anayasa.gov.tr”. At the same time, a sample of the individual application form is included in Annex-1 of the Constitutional Court Rules of Procedure, and the issues that should be included in the form are also included in the internal regulation. The application form should be filled in an official language in accordance with the terms and procedures in the Bylaws, and the documents and evidences, if any, should be attached and sent.
