Individual Applications to the Constitutinal Court
- Constitutional Court is the highest body of the judiciary for the protection of the human rights and fundamental freedom, stemming from the violation of human rights by the individuals acts of state authorities.
- Based on the 148/3 article, everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights, which are guaranteed by the Constitution has been violated by public force.
- Individual can apply to the Constitutional Court, the Domestic Law must have been exhausted before making application, regarding the individual application, based on 30.03.2011 dated, 6216 numbered, the Law on Establishment and the Rules of Procedure, article 45/2, it says “All of the administrative and judicial application remedies that have been prescribed in the code regarding the transaction, domestic Law procedure must have been exhausted before making an individual application.”
- The aim for individual application, the violation of the fundamental rights and freedom is to be resolved by the domestic law procedure at first. (Reserving the right to object European Court of Human Right, later on) Accordingly, the number of application against Turkish Government would be less.
- As SAHIN | NIZAMOGLU Law Firm, in each steps, we deliver consultancy service for the clients to apply to European Court of Human Right individually.
