Individual Application To Consititutional Court

Turkey has gained a really bad reputation since European Court of Human Rights started accepting individual applications in 1987. It is obvious that our country is bad at applying the fundamental human rights accepted in European Convention on Human Rights, an international regulation. Within this scope, protection of fundamental human rights accepted by European Convention on Human Rights became a main purpose in order to create a practice in this regard, and reduce the number of applications to ECHR, Constitutional Court started to accept individual applications on 23.09.2012. To summarise the process in topics;

  • Deadline:Application can be made through normal courts or directly to the Constitutional Court within 30 days after all the steps within judiciary has been exhausted (decision of appeal is final or finalized). If there isn’t any other way to remedy the right infringement, the 30-day period begins with learning of the infringement.
  • Legal Fee: For the Constitutional Court applications, a legal fee of 294,70 TL has been foreseen in 2018. It might be worth noting that a legal fee is required for Constitutional Court applications, while ECHR applications have no such condition While a fee is not paid for the applications.
  • Who can apply?: As a rule, everyone has the right to make an individual application. However, the applicant’s right must be violated and a person must have jus capiendi.
  • Matters of Application : It is not possible to apply to the Constitutional Court for all matters. Individual application to the Constitutional Court is not an appeal. It is only possible to apply to the Constitutional Court in case of violation of one of the rights and freedoms adopted by European Convention on Human Rights and additional protocols.
  • How the constitutional court can decide? : It can decide whether the applicants right has been violated or not. If a violation is awarded, it is awarded to the violations and the necessary things to be done to undo the consequences. However, entitlement control cannot be done, administrative actions and proceedings can not be decided.
  • Abuse of Right : Apart from the costs of proceedings, there is also an regulation against applicants who are clearly found to be abusing the right of individual applicants, to be awarded a disciplinary penalty of not more that 2.000,00 TL. The presence of this provision may prevent effective application. Although the law refers to “abusing” clearly, this can cause a problem that can not be clearly defined.

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Att. Bülent KAPTAN
Patent & Marka Attorney
http://bkaptan.com/
kaptan@bkaptan.com


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Bülent KAPTAN has set up his private practice as a member of Izmir Bar Association in 1991.
He was registered as Trademark and Patent Attorney to TPE (Turkish Patent Institute, not Turkish Patent and Trademark Office) in 1999. He has attended to Patent Attorneys Professional Training Programmes given by World Intellectual Property Organization as a distant education and an 8 months programme in TPE collabration with European Patent Office.

In 2002, he participated an English Translation Training for 20 months, organized by one of the M.E.B (Ministry of Education) affiliated private education institution.

He is a member of ICC Turkish National Committee and PEM Trademark and Patent Attorneys’ Assocation.

He has been writing in “Refrigeration World”, a publication of Aegean Region Refrigeration Industry and Business Association, since 2002.

He speaks English and German.

Elif Benan YAMAN graduated from Izmir University of Economics Faculty of Law in 2017. She is currently having her Masters in Law on Private Law in Izmir University of Economics. Also, she is running the ELSA, European Law Students Association as the Local Board President of İzmir and a candidate member of JCI (Junior Chamber International) İzmir.

She participated ELSA Winter Law School in Austria at Innsbruck University on Sports Law and she is currently having courses from Kadir Has University’s Sports Law and Management Programme. She participated ELSA Summer Law School in Spain, in cooperation with Barcelona University and IELPO on International Investment and Dispute Resolutions. She also participated ELSA Winter Law School Greece, at Aristotales University on Migration Law and Refugee Issues and she received certificates for her participations.

She mainly practices on Trade Law, Intellectual Property Law, Foreigners Law and Enforcement and Bankruptcy Law.

She speaks English and German.

Ece KARAN BEKTAS has her law degree from Yasar University Faculty of Law. She mainly focuses on Trade Law, Labor Law, Enforcement and Bankruptcy Law, Administrative Law and Tax Law.

After graduation, she has participated a Training on Disputes Related to Labor Law and Amicus Curiae for Labor Law Cases, received a Certificate on that. Also, she has completed her Masters of Law in Dokuz Eylul University Social Sciences Institute on Labor and Social Security Law.

She has been working at Kaptan Law Firm since 2015.

Kadir UYANIK, graduated from Eskisehir Anadolu University Faculty of Law in 2017. He is currently having his Masters in Law in Izmir University of Economics on Private Law. He practices mainly focused on Intellectual Property Law, Trade Law, Urban Transformation Law and Construction Law. He worked as Intern Lawyer in Kaptan Law Firm and he has been working as a Lawyer since 2018.


Kübra YILDIZ, has graduated from Manisa Celal Bayar University Demirci Demirci Vocatioal School on Banking and Insurance in 2015. She has been working at our firm as Administrative Assistant since 2017.