Who Can File an Individual Application to the Constitutional Court?

The right to individual application to the Constitutional Court is granted to persons whose fundamental rights and freedoms have been violated by public authority. This right is subject to the conditions set out in the Constitution and relevant legislation. Those eligible to apply include real persons, in some cases private legal entities, and under certain conditions, foreigners. However, public legal entities do not have this right. This article is for general legal information purposes; since each case has its own unique circumstances, it is recommended to seek legal support if considering an individual application. • The right to individual application to the Constitutional Court is granted to persons whose fundamental rights and freedoms have been violated by public authority. • Real persons, in some cases private legal entities, and exceptionally foreigners may apply. • This article provides general legal information; expert support is recommended for specific cases.

The right to individual application is regulated by Article 148 of the 1982 Constitution and the Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court. These regulations enable individuals to apply to the Constitutional Court if their fundamental rights and freedoms are violated by public authority. The subject of the application must be an alleged violation by public authority of fundamental rights and freedoms guaranteed by the European Convention on Human Rights and its additional protocols. Furthermore, the act, action, or omission alleged to have caused the violation must be final for an application to be made. • The right to individual application is regulated by Article 148 of the 1982 Constitution and Law No. 6216. • The application must be based on an alleged violation by public authority of fundamental rights under the European Convention on Human Rights. • The subject of the application must be a finalized act, action, or omission.

The right to individual application is primarily granted to citizens of the Republic of Turkey. However, foreigners residing in Turkey may also apply if they claim their rights have been violated while in the country. Private legal entities may apply only in cases where fundamental rights belonging to the legal entity itself are alleged to have been violated. Public legal entities, as institutions exercising public power, are not entitled to this right. • Citizens of the Republic of Turkey have the right to individual application. • Foreigners may apply if they reside in Turkey and claim their rights have been violated. • Private legal entities may apply only for violations of fundamental rights belonging to the entity itself. • Public legal entities (such as municipalities, universities) do not have the right to individual application.

Private law companies such as joint-stock or limited companies may apply to the Constitutional Court for violations of rights specific to their legal entity. However, the subject of the application must be a right belonging to the company’s legal entity; individual partners or managers should use the individual application route for violations of their personal rights. Publicly owned companies or public legal entities cannot apply to the Constitutional Court. This distinction arises because the application process is designed only for individuals and private legal entities. • Private law companies such as joint-stock or limited companies may apply only for violations of rights specific to their legal entity. • Partners or managers may apply individually if their personal rights are violated. • Publicly owned companies or public legal entities cannot apply.

To file an individual application to the Constitutional Court, the act subject to the alleged violation must be final, and the applicant must have exhausted all ordinary legal remedies. This means that all administrative and judicial avenues must have been tried before applying. The application period is 30 days from the notification of the final decision to the applicant. The application can be made directly by the applicant or through a lawyer. It is important that the application form is completed fully and with justification. • The application can be made after exhausting all ordinary legal remedies. • The act or decision subject to the alleged violation must be final. • The application period is 30 days from the notification of the final decision. • The application can be made personally or through a lawyer.

In applications to the Constitutional Court, only alleged violations of fundamental rights and freedoms are examined. Not every legal dispute or loss of rights can be the subject of an individual application. Public legal entities and institutions exercising public power do not have the right to individual application. Additionally, missing the application deadline or submitting an incomplete form may result in the application being rejected without examination. • Not every violation of rights can be brought before the Constitutional Court; only fundamental rights and freedoms are eligible. • Public legal entities and institutions exercising public power do not have the right to apply. • If the application deadline is missed, the application may be rejected without examination. • The application form must be completed fully and with justification.

The right to individual application to the Constitutional Court is limited to certain persons and institutions, and the conditions for application should be carefully reviewed. Not every application will be accepted or result in a favorable outcome; assessment depends on the specific facts and legal grounds of the application. To avoid loss of rights during the application process, particular attention should be paid to the conditions and deadlines for application; legal support may be beneficial if needed. • The right to individual application to the Constitutional Court is limited to certain persons and institutions. • There is no guarantee that every application will be accepted or result in a favorable outcome; assessment depends on the specific case. • Obtaining legal support during the individual application process may reduce the risk of loss of rights.