Right to Individual Application to the Constitutional Court

The right to individual application to the Constitutional Court is regulated in Article 148 of the Constitution of the Republic of Turkey. To exercise this right, ordinary legal remedies must first be exhausted. Once this condition is met, anyone may apply to the Constitutional Court claiming that any of their fundamental rights and freedoms guaranteed by the Constitution and included in the European Convention on Human Rights has been violated by public authority.

The procedures and principles regarding individual application are regulated in Articles 45 and subsequent articles of Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court. Accordingly, an individual application must be made within 30 days from the date on which ordinary legal remedies are exhausted. However, persons who are unable to apply within this period due to a justified excuse may apply within 15 days from the date the excuse ceases, by documenting the excuse.

For an individual application to be examined on the merits, it must meet the conditions specified in Articles 45 and 47 of Law No. 6216. Whether these conditions are met is first evaluated by the Constitutional Court Commissions. The Commission may unanimously decide that the application is inadmissible. Otherwise, the file is referred to the relevant section for examination on the merits.

Pursuant to Article 49 of the Law, examination on the merits is carried out by the Court sections based on the file. However, the Court may decide to hold a hearing if it deems necessary. Additionally, the Court may, ex officio or upon request, resort to interim measures it considers necessary to prevent harm to the applicant's rights. In this case, the decision on the merits must be rendered within 6 months at the latest.

In the event that a violation decision is rendered following the examination on the merits, the Constitutional Court determines the actions to be taken to eliminate the violation and its consequences. The file is sent to the court that caused the violation, and the violation and its consequences are remedied through retrial to be conducted, if possible, based on the file. In cases where remedy through retrial is not possible or there is no legal interest, the Court may award compensation in favor of the applicant or may direct the applicant to file a case through general judicial channels.