Constitutional Court Individual Application and Consultancy Services

Individual application to the Constitutional Court is an extraordinary and effective legal remedy that can be resorted to after all other domestic legal remedies (appeal, cassation, etc.) have been exhausted in case fundamental rights and freedoms are violated by public power. This path, which entered our legal system in 2012, is the last stopping point before going to the European Court of Human Rights (ECHR). As a law firm specialized in constitutional jurisdiction, we provide meticulous legal support to determine and compensate for the violated rights of our clients in this process, which has unique and extremely strict procedural and substantive requirements.

For Which Rights Can an Individual Application Be Made?

An application can be made with the claim of violation of one of the fundamental rights guaranteed in the Constitution and also within the scope of the European Convention on Human Rights (ECHR) and its additional protocols. The most common subjects of violation are:

• Right to a Fair Trial: Not being tried within a reasonable time, prevention of access to the court, violation of the principle of equality of arms, violation of the right to a reasoned decision, and the right to a public hearing.
• Right to Property: Confiscation without expropriation, cancellation of title deed, loss or restriction of property as a result of zoning applications, and the failure of the state to fulfill its positive obligations to protect property.
• Personal Liberty and Security: Unjust detention, excessively long pre-trial detention periods, illegalities in arrest and custody procedures, and the lack of an effective remedy to challenge the lawfulness of detention.
• Freedom of Expression and Press: Restriction of freedom to express thoughts, trials against journalists, access ban decisions on websites, and the 'chilling effect' of criminal investigations on public speech.
• Privacy of Private Life and Family: Unlawful use of personal data, violation of immunity of residence, and the right to establish and maintain family relations.
• Right to Life and Prohibition of Torture: Failure to conduct an effective investigation in deaths caused by public officials or allegations of ill-treatment and torture during custody.

The Strict Application Period and Exhaustion of Remedies

In order to make an individual application, it is a mandatory rule to exhaust all ordinary legal remedies (Regional Court of Justice and Court of Cassation or Council of State). An application must be made to the Constitutional Court within 30 days from the date of notification or learning of the final decision. This period is a statute of limitations (hak düşürücü süre); if it is missed even by one day without a valid excuse, the application is rejected without any examination. Our firm meticulously monitors these periods to prevent any loss of rights for our clients.

Preparation and Importance of the Application Form

An individual application is made through a specialized form that must be completed according to very strict formal requirements. A chronological summary of events, a detailed, item-by-item explanation of the specific constitutional rights violated, and a comprehensive submission of supporting evidence are required. A technical deficiency or a legal qualification error in the application form may lead to an 'inadmissibility' decision. Therefore, it is vital that the process is carried out by Legal lawyers who are deeply familiar with the jurisprudence of the Constitutional Court and its evolving standards.

Pilot Judgment Procedure and Structural Problems

If the Constitutional Court detects a structural problem (e.g., a flaw in a specific law or an administrative practice) at the root of a large number of applications of a similar nature, it may apply the pilot judgment procedure. In this case, the Court identifies the source of the violation, points out the solution (such as legislative change), and may suspend similar applications until the source is removed. Pilot judgments pave the way for legal reforms that concern not only the applicant but thousands of people in similar situations, making them powerful tools for judicial reform.

Requesting Interim Measures (Stay of Actions)

In case of a serious and imminent danger to the life or material or moral integrity of the applicant, the Constitutional Court can be requested to grant interim measures (tedbir kararı). This is vital in deportation decisions, cases of severe illness in prison where medical care is insufficient, or situations where the execution of a judgment would cause irreparable harm. We offer expert support in justifying these urgent requests and ensuring the court acts before the harm becomes permanent.

Admissibility Criteria and 'Constitutional Significance'

Before the merits of a case are examined, it must pass the admissibility criteria (period, fee, competence, etc.). Furthermore, the Court evaluates whether the application has 'constitutional significance'—meaning whether it raises a novel or important question regarding the implementation and interpretation of the Constitution. Producing a strong constitutional argument in the process of filtering applications that are 'clearly ill-founded' is critical for the results of the application.

The Binding Effect and Enforcement of Decisions

The violation decisions of the Constitutional Court are final and binding on the legislative, executive, and judicial organs, as well as all administrative authorities and real or legal persons. After a violation is detected, the Court may rule for a 'retrial' (yeniden yargılama) to eliminate the violation and its consequences. Resistance by lower courts to the Constitutional Court's decisions is a serious violation of the rule of law; in such cases, we take necessary legal initiatives to follow up on the enforcement of the decision.

The Parallel Relationship Between the ECHR and the Constitutional Court

When managing an individual application, we evaluate both the Constitutional Court and the European Court of Human Rights (ECHR) jurisprudence together. By utilizing the parallels between the ECHR's 'living instrument' doctrine and the Turkish Constitution's fundamental rights framework, we create the broadest possible protection shield for our clients. We ensure that every file is meticulously prepared to be carried to the ECHR if the domestic path does not yield a favorable result.

Restoration of Rights and Fair Compensation

If a violation is found, the Court may rule on sending the file back to the relevant court for a retrial, or it may award direct moral or material compensation. Our primary goal is to ensure the total restoration of our client's rights. This includes not only the financial compensation but also the removal of the legal status (such as a criminal record or an administrative sanction) that caused the original violation.

Constitutional Protection Against Digital Rights Violations

As our lives move online, violations of digital rights (access bans, social media censorship, data privacy breaches) have become a major focus of our practice. We handle applications regarding internet access bans and restrictions on freedom of expression in the digital sphere, ensuring that the 'digital constitution' is upheld by the highest court in the land.

Individual Application in Criminal Law Matters

In the field of criminal law, applications often relate to the 'presumption of innocence', the 'right to legal assistance', and the 'prohibition of retroactive application of criminal laws'. We represent clients who have been victims of judicial errors in high-stakes criminal trials, seeking the annulment of unconstitutional convictions and the protection of their liberty.

In conclusion; as constitutional lawyers, we defend the most fundamental values of a democratic society. We act as your voice in the highest judicial authority, ensuring that the state remains within its constitutional boundaries and your fundamental rights are respected.