Practice Area
Constitutional Court Individual Application Lawyer
Individual applications to the Turkish Constitutional Court (AYM) for violations of fundamental rights such as the right to a fair trial, the right to property, the right to liberty and freedom of expression.
A Constitutional Court individual application lawyer prepares and follows up an application to the Constitutional Court alleging that public authorities have violated a right guaranteed by the Turkish Constitution and covered by the European Convention on Human Rights. The application must be lodged within 30 days of the date on which the available remedies were exhausted; at Sophos Law Firm these matters are handled by Attorney Hüseyin Aydın.
Advice on Individual Applications to the Constitutional Court
Anyone may apply to the Constitutional Court alleging that public authorities have violated one of the fundamental rights and freedoms guaranteed by the Constitution that also falls within the scope of the European Convention on Human Rights and the additional protocols to which Turkey is a party; this application is governed by Articles 45 to 51 of Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court. An application may only be made after all administrative and judicial remedies provided by law for the act, action or omission alleged to have caused the violation have been exhausted (Art. 45/2); the process therefore needs to be planned correctly from the first-instance proceedings onwards.
Sophos Law Firm provides legal support in preparing the individual application form and following up the process before the Constitutional Court across a broad range of rights, from the right to a fair trial and the right to property to the right to liberty and security and freedom of expression.
Application Requirements, Time Limits and Authorities
| Subject | Legal basis | Authority / method | Critical time limit or requirement |
|---|---|---|---|
| Time limit for applying | Law No. 6216 Art. 47/5; Rules of Court Art. 64/1 | Constitutional Court | 30 days from the exhaustion of remedies or, where no remedy is provided, from the date the violation became known; as the Constitutional Court is not subject to the judicial recess, the time limit also runs during the judicial recess |
| Valid excuse | Law No. 6216 Art. 47/5; Rules of Court Art. 64/2 | Commission (acceptance of the excuse) | 15 days from the end of the excuse, such as force majeure or serious illness, with the excuse documented |
| Exhaustion of remedies | Law No. 6216 Art. 45/2 | Administrative and judicial remedies | All remedies provided by law must be exhausted before the individual application |
| Form and place of application | Law No. 6216 Art. 47/1; Rules of Court Arts. 59, 61, 63 | Official application form; directly to the Court or through other courts or Turkish missions abroad; power of attorney where represented by a lawyer or legal representative | The date on the receipt issued when the form and the fee receipt are submitted is deemed the application date (Rules of Court Art. 63/2) |
| Fee and legal aid | Law No. 6216 Art. 47/2-3; Rules of Court Art. 62 | Treasury offices (Maliye vezneleri); legal aid requests are decided by the Commission or Section examining admissibility | Proof of payment of the fee is attached to the application (amount not stated; the current tariff applies) |
| Missing documents | Law No. 6216 Art. 47/6; Rules of Court Art. 66 | Individual Application Bureau | A strict time limit of no more than fifteen days to remedy deficiencies; objection to the Commission within 7 days of notification of a rejection decision (Rules of Court Art. 66/3) |
| Request for an interim measure | Law No. 6216 Art. 49/5; Rules of Court Art. 73 | Sections | At the merits stage; if an interim measure is ordered, the judgment on the merits is delivered within 6 months at the latest |
| Consequences of a violation judgment | Law No. 6216 Art. 50; Rules of Court Art. 79 | Judgment: Section; retrial: the court concerned | Retrial or, where there is no legal interest in a retrial, compensation |
The time limit is preclusive; its starting point (date of exhaustion, notification or knowledge) is calculated separately in each case. The Constitutional Court examines applications against final acts and decisions that became final after 23/9/2012.
Matters Handled in This Field
Applications for Violations of the Right to a Fair Trial
Preparation of applications for violations such as the right to a trial within a reasonable time, equality of arms and the right to a reasoned decision.
Applications for Violations of the Right to Property
Applications concerning de facto expropriation without compensation, title deed cancellation judgments and other measures interfering with property (see Real Estate Law).
Right to Liberty and Security
Individual applications alleging violations relating to detention on remand and police custody periods (see Criminal Law). For the purposes of exhausting remedies, it is important that an objection against the detention order (Turkish Code of Criminal Procedure (CMK) Art. 101/5, Art. 268: two weeks) has been lodged before the application.
Freedom of Expression and of the Press
Applications alleging violations of freedom of expression in proceedings based on social media posts or offences allegedly committed through the press.
Right to Respect for Private and Family Life
Application process for violations of the right to protection of personal data and the right to respect for family life.
Violations of the Prohibition of Discrimination
Preparation of applications alleging treatment contrary to the principle of equality. Since only rights guaranteed by the Constitution that also fall within the European Convention on Human Rights and the additional protocols to which Turkey is a party may be the subject of an individual application (Law No. 6216 Art. 45/1), a discrimination complaint is assessed within this framework. For an example of a Constitutional Court judgment, see the article on the principle of equality in retirement bonuses.
Admissibility Assessment of the Application
Preliminary assessment of the application in terms of the time limit, the remedies to be exhausted and the significant damage criterion.
Requests for Interim Measures
Where it appears that there is a serious danger to the applicant’s fundamental rights, in particular to the applicant’s life or physical or mental integrity, the Sections may order an interim measure at the merits stage (Law No. 6216 Art. 49/5; Rules of Court Art. 73). To prevent irreparable harm, a request for an interim measure is prepared together with the application; the request is reasoned in the relevant section of the application form (Rules of Court Art. 59/2-l).
Right to Life and Prohibition of Ill-Treatment
Preparation of applications for violations under Article 17 of the Constitution in cases of suspicious death or alleged ill-treatment in custody or prison, including the failure to conduct an effective investigation.
Deportation and Administrative Detention of Foreigners
Preparation of individual applications and, where necessary, requests for interim measures against deportation and administrative detention orders issued under Articles 53 and 57 of Law No. 6458 on Foreigners and International Protection (YUKK), after the remedies before the administrative court and the criminal judgeship of peace have been exhausted.
Inviolability of the Home and Freedom of Communication
Applications concerning alleged violations under Articles 21 and 22 of the Constitution in search, seizure and communications surveillance measures (CMK Art. 116 et seq., Art. 135).
Freedom of Religion and Conscience
Preparation of applications under Article 24 of the Constitution against interferences with freedom of belief and worship.
Freedom of Assembly, Demonstration and Association
Applications alleging violations under Articles 33, 34 and 51 of the Constitution arising from the application of Law No. 2911 on Meetings and Demonstrations and from interferences with association and trade union activities.
Right to Education
Preparation of applications against interferences under Article 42 of the Constitution, such as school enrolment, disciplinary sanctions and obstruction of studies.
Right to Vote, to Stand for Election and to Engage in Political Activity
Applications concerning interferences with the right to take part in elections and to engage in political activity under Article 67 of the Constitution.
Measures Concerning Public Servants
Preparation of applications concerning the right to a fair trial, respect for private life and freedom of expression after administrative court remedies against disciplinary sanctions, dismissal and appointment decisions have been exhausted.
Reasonable Time and Non-Enforcement of Judgments
In complaints about lengthy proceedings and late or non-enforcement of court judgments, assessment of the remedy before the Compensation Commission under Law No. 6384 and preparation of the application accordingly.
Right to an Effective Remedy
Applications under Article 40 of the Constitution where there is no effective domestic remedy through which the alleged violation can be raised.
Objections to Rejections for Missing Documents
Preparation of an objection to the Commission, within 7 days of notification, against rejection decisions issued by the Individual Application Bureau because of deficiencies (Rules of Court Art. 66/3).
Retrial After a Violation Judgment
Follow-up of the retrial before the court to which the file is sent after a violation judgment, and of the enforcement of compensation awards (Law No. 6216 Art. 50/2).
Admissibility: Which Applications Are Inadmissible
Admissibility is examined by the Commissions; where they unanimously decide that an application does not meet the requirements, an inadmissibility decision is issued and this decision is final (Law No. 6216 Art. 48/3-4). The main situations leading to an application being declared inadmissible are:
- Time limit, non-exhaustion of remedies or formal defects: if the 30-day time limit has been exceeded, remedies have not been exhausted or the form and its annexes are incomplete (Art. 45/2, Art. 47).
- Current and personal right requirement: an application may be made by those whose current and personal right has been directly affected by the act alleged to have caused the violation; public legal entities cannot apply, and private legal entities may apply only in respect of rights belonging to the legal entity (Art. 46).
- Limits as to subject matter: no individual application may be made directly against legislative acts or regulatory administrative acts; decisions of the Constitutional Court cannot be the subject of an application either (Art. 45/3).
- Significant damage and constitutional importance: applications that have no importance for the application and interpretation of the Constitution or for determining the scope and limits of fundamental rights and where the applicant has not suffered significant damage, as well as manifestly ill-founded applications, may be declared inadmissible (Art. 48/2). The Constitutional Court states in its own publication that it assesses manifest ill-foundedness under four headings: unsubstantiated violation claims, matters to be addressed through ordinary appeal (so-called fourth-instance complaints), confused or far-fetched complaints and cases where there is clearly no violation.
- Repetitive applications and abuse of the right: a new application based on the same facts and allegations is regarded as a repetitive application; a disciplinary fine is provided for manifest abuse of the right of application (Art. 51).
In applications against court decisions, the Sections examine only whether a fundamental right has been violated and how the violation can be redressed; they cannot examine matters to be addressed through ordinary appeal (Art. 49/6). It is therefore important to frame the allegations in the application form within this framework.
Examination, Violation Judgment and Its Consequences
A copy of an application found admissible is sent to the Ministry of Justice for information; the Ministry submits its opinion in writing where it considers it necessary (Art. 49/2). The examination on the merits is carried out by the Sections, as a rule on the case file; the Court may also decide to hold a hearing if it considers it necessary (Art. 49/4). At the end of the examination on the merits, the Court decides whether or not the right has been violated; a violation judgment specifies what must be done to redress the violation and its consequences, but the Court cannot review expediency and cannot issue a decision in the nature of an administrative act or action (Art. 50/1).
If the violation arises from a court decision, the file is sent to the court concerned for a retrial in order to redress the violation and its consequences; where there is no legal interest in a retrial, compensation may be awarded to the applicant or the applicant may be directed to bring an action before the general courts (Art. 50/2; Rules of Court Art. 79). The court conducting the retrial decides, if possible on the case file, in a way that redresses the violation and its consequences as explained in the Constitutional Court’s violation judgment. Decisions of the Sections and Commissions are final (Rules of Court Art. 81/3). As the duration of an individual application before the Constitutional Court varies according to the nature of the case, no estimated duration is given on this page.
Foreign Nationals in Alanya and Applicants Living Abroad
Foreigners who reside or own property in Alanya cannot apply in respect of rights granted only to Turkish citizens; otherwise they have the right of individual application (Law No. 6216 Art. 46/3). The application may be lodged directly with the Court or through other courts or Turkish missions abroad (Art. 47/1; Rules of Court Art. 63/1). For applications made through a lawyer, a document of authority for representation must be submitted (Art. 47/4; Rules of Court Art. 61). For the substance of real estate disputes such as the right to property, de facto expropriation and title deed cancellation judgments, see the Alanya Real Estate Lawyer page.
Individual Application Process
- Preliminary Assessment: It is checked whether remedies have been exhausted and when the 30-day time limit began.
- Preparing the Application Form: The alleged violations, the relevant articles of the Constitution/Convention and the claims are set out with concrete facts; the documents to be attached (copies of decisions, petitions, fee receipt, document showing the date of notification/knowledge) are compiled in accordance with Rules of Court Art. 59.
- Admissibility Examination: The Constitutional Court examines the application against formal and substantive criteria.
- Examination on the Merits and Judgment: If a violation is found, a retrial, compensation or other forms of redress may be ordered.
Documents to Be Prepared for the File
- The final decision or act complained of and the decisions showing that remedies have been exhausted (Rules of Court Art. 59/3)
- A document showing the date of knowledge (notification) of the final decision or act
- Certified copies of the petitions lodged in ordinary and extraordinary appeal proceedings
- Proof of payment of the fee; documents on financial circumstances if legal aid is requested
- Power of attorney for representation or a document proving legal representation
- Documents showing the damage suffered, if compensation is claimed
Related Guides
Our guides on Constitutional Court judgments:
Working Method
In individual application files, the first step is to determine the time limit and whether remedies have been exhausted. The application form, its annexes and, where necessary, a request for an interim measure are prepared together, and the process is followed up before the Constitutional Court. For information about the founder of the firm, see the Attorney Hüseyin Aydın page; for an assessment of your file, see the contact page. For the next stage before the European Court of Human Rights (ECtHR), see the ECtHR Application page.
Frequently Asked Questions
Common Questions
The information on this page is for general information purposes only and does not constitute legal advice or counselling.