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