Constitutional Court Individual Application
Individual application to the Constitutional Court is a legal mechanism that enables individuals in Turkey to apply to the Constitutional Court when they think that their fundamental rights and freedoms guaranteed in the Constitution have been violated. This mechanism came into force in 2010 and aims to protect the rights of individuals. Here are the basics on this topic:
1. Definition and Purpose:
– Individual application can be defined as a way that allows individuals to apply directly to the Constitutional Court claiming that their fundamental rights have been violated. The aim is to protect the rights of individuals directly before the Constitutional Court.
2. Application Requirements:
– Certain requirements are required for individual applications to be accepted:
– The alleged violation must be related to the fundamental rights and freedoms of the Constitution.
– Concrete evidence must be submitted that the application is based on a violation of the applicant’s rights or freedoms.
– In order for the application to be made, other domestic remedies must be exhausted first.
3. Application Process:
– Persons wishing to make an individual application must submit their applications in a written text in accordance with the forms and procedures determined by the Constitutional Court.
– If the application is accepted, the Court will examine the allegations of violations.
4. Individual Application Procedure:
– The application can be made directly to the Constitutional Court and there is an opportunity to apply online via the internet. The petition, the required documents and the allegations of violation must be submitted in detail.
5. Decisions of the Constitutional Court:
– After the individual application, the Constitutional Court decides whether to accept or reject the case.
– If the individual application is accepted, the Court may take decisions to remedy the violated rights if the relevant violation is detected.
6. Consequences of Infringement Determination:
– If the Constitutional Court finds a violation, it may impose an obligation on the relevant public authority to remedy the violation.
– After the determination of the violation, individuals can claim compensation for their damages, in line with the decisions of the Constitutional Court.
7. Effect of Decisions:
– The decisions of the Constitutional Court are binding and the relevant public institutions must comply with these decisions. The decisions of the Constitutional Court are important both for individual applications and for the control mechanism in the legal system in general.
8. Consistency of Applications:
– The results of individual applications reflect the decisions and practices of the Constitutional Court. In order to ensure the protection of individual rights in the country, it is aimed to develop a more predictable and consistent decision process.
9. Time Out:
– The legal period for individual application is 30 days. An application must be made to the Constitutional Court within 30 days from the notification of the relevant decision.
10. Statistics:
– The Constitutional Court publishes the number of individual applications and data on these applications every year. These data are important in terms of increasing social awareness about the protection of the rights of individuals.
The Constitutional Court individual application constitutes an important mechanism for protecting the rights of individuals and plays a critical role in ensuring the rule of law. At the same time, it helps to implement the basic elements of the Constitution.
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