Description

The individual application mechanism, introduced by the constitutional amendment on 12 September 2010, has the potential to serve as the basis for very important developments in the Turkish law with regard to the rights and freedoms. Although the individual application as a legal remedy began to take effect as from 23.09.2012, the judgments rendered by the Constitutional Court on the individual applications have offered solutions to many problems of legal and social significance thereby, became a source of aspiration to our society. This study aims to present general information on the individual application mechanism in the Turkish law in the context of the provisions of the Constitution and Law Nr. 6216. After providing brief information on the process of the adoption of individual application into our legal system, the first title makes a definition of the individual application mechanism considering the provisions in laws, establishes the legal nature of this mechanism and attempts to determine its function and purpose. Later on, the second title dwells on the acts of public power that may cause to an individual application and, in this context, whether the actions of legislative, executive and judicial organs can separately be subject of individual application or not. The rights and freedoms that may be subject of individual application are identified in the third title in consideration of the Constitution and the European Convention on Human Rights. Those who are entitled to file an individual application are examined in the fourth title and, in this context; the status of individuals and legal entities as well as the foreigners are discussed under this title. The fifth title analyses the admissibility criteria of the individual application under two headings; formal and substantive requirements. Finally, the sixth title handles the issues of filing an individual application to the Constitutional Court, examination of the applications by the Court, rendering of the judgments and, in case of finding of a violation, how that violation should be redressed.