An individual application to the Constitutional Court refers to the right of individuals to apply directly to the Constitutional Court for an allegation that their fundamental rights and freedoms have been violated by public power. This process is the 148th amendment of the Constitution in Turkey in 2012. it was initiated by the amendment to the article and the subsequent Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court.
STAGES OF THE APPLICATION PROCESS
Exhaustion of Local Judicial Remedies: In order to file an individual application, first of all, a lawsuit must be filed in local courts alleging violation and all judicial remedies (local court, district court of justice, Supreme Court or Council of State) must be exhausted.
Application Period: There is a 30-day period for an application to the Constitutional Court after the local judicial remedies have been exhausted. This period begins to operate from the date of notification of the final decision. Application
Form and Content: The application must be submitted in accordance with the form determined by the Constitutional Court. The application should contain information about the fundamental right or freedom subject to the alleged violation, the action subject to the alleged violation, and the process before the local courts. Application
Fee: There is a fee that must be paid during the individual application process during the application. The amount of this fee can be updated every year.
GROUNDS OF APPLICATION
The main reasons for an individual application to the Constitutional Court are as follows:
Violation of the Right to a Fair Trial: Failure to complete the trial in a reasonable time, failure to be tried in an impartial and independent court.
Violation of the Right to Freedom and Security: Wrongful detention or arrest.
Of Freedom Violation of Expression and Press: Restriction of freedom of expression, interference with press freedom.
Violation of the Right to Property: Expropriation or other violations of property rights.
Protection of Private and Family Life: Non-protection of personal data, interference with private and family life.
Protracted trials are one of the most common reasons for individual applications to the Constitutional Court (Constitutional Court). Such an application is made on the grounds that the “right to a trial within a reasonable time”, which is part of the right to a fair trial, has been violated. 6 Of the European Convention on Human Rights. the article and the relevant provisions of the Constitution of Turkey require that everyone’s case be decided within a reasonable time. Excessive prolongation of the trial process may be considered as a violation of this fundamental right and gives rise to the right of individuals to apply to the Constitutional Court.
EVALUATION OF THE CONSTITUTIONAL COURT
The Constitutional Court will first examine the application in terms of admissibility. If it finds the application admissible, the court will make a substantive assessment of the existence of a violation. During this process, the court is expected to take into account the length of the trial, the specific circumstances of the case and the factors that caused the delay in the trial.
If the Constitutional Court finds that the right to trial has been violated within a reasonable period of time, the victim may be offered various forms of compensation and/or steps to remedy the situation. This usually takes the form of financial or moral compensation, and sometimes may include instructions to the local courts to expedite the trial.
result
An individual application to the Constitutional Court is an important legal remedy in cases where the fundamental rights and freedoms of individuals are violated. However, in order to apply for this solution, local judicial remedies must be exhausted and the application must be made in accordance with the procedure. Situations such as long-term Decriminalization are among the most common reasons for individual application.
Individual applications to the Constitutional Court should be prepared in great detail, as applications are carefully evaluated in terms of procedural requirements. Any deficiency or procedural error in this regard may lead to loss of rights. It is strongly recommended that a specialist lawyer take part in the process when making an individual application.
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