INDIVIDUAL APPLICATION TO TURKISH CONSTITUTIONAL COURT

Individual application to Turkish Constitutional Court is enshrined in Article 148 of the Turkish Constitution : “ (Paragraph added on September 12, 2010; Act No. 5982) Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities. In order to make an application, ordinary legal remedies must be exhausted.” If we are to name some fundamental rights that are protected by Turkish Constitution and European Convention; right to life, right to liberty and security, right of property, prohibition of torture, right to fair trial, no Punishment without law and so on.

If any fundamental human rights secured by the Constitution or Convention has been violated by the State and if it meets certain conditions, individuals or non-governmental organizations may apply to extraordinary legal remedies like lodging an application to the Constitutional Court. Our lawyers, within the scope of the Constitution and case-law of high courts, have a deep knowledge and understanding of individual applications to the Constitutional Court offers legal services to the clients as to the advisability of commencing and continuity of required proceedings.

Our practice area covers;

● Evaluation with relation to the chances of success of any applications to the Constitutional Court and ECHR in terms of admissibility of the applications,
● Preparing applications,
● Submitting written observations in the later stages of proceedings
● Making requests for interim measures.