WHAT IS AN INDIVIDUAL APPLICATION TO THE CONSTITUTIONAL COURT?
The possibility of individual application to the Constitutional Court entered our legal system in September 2012. Before 2012, the Constitutional Court had only the duty of norm supervision, but now it also examines applications made in case of violation of the fundamental rights and freedoms guaranteed in the Constitution by public power.
148/3 of the Constitution. in its article, it is regulated that everyone can apply for fundamental rights and freedoms guaranteed by the Constitution under the European Convention on Human Rights under the pretext of alleged violations by public power. In the event that fundamental rights and freedoms are violated by the ECHR and by the public power of those who are in october protocols to which we are an additional party, the way to remedy the violation of rights through domestic law has been recognized without going to an international court.
WHAT IS THE INDIVIDUAL APPLICATION PROCEDURE OF THE CONSTITUTIONAL COURT? HOW IS IT DONE?
Individual application to the Constitutional Court is subject to different procedures. On the website of the Constitutional Court “www.anayasa.gov.tr ” it can be done by filling out the published application form. At the same time, an example of an individual application form is contained in October-1 of the Constitutional Court’s Rules of Procedure, and the issues that must be included in the form are also contained in the internal code. The application form must be filled out using an official language in accordance with the requirements and procedures contained in the Internal Regulations, and sent with the addition of documents and evidence that must be added, if any