HUK360

School of Law \ Law

2

3

Elective

Turkish

-

Law

The Individual Application to the Constitutional Court is a new legal remedy that was introduced to our legal system with the Constitutional amendment in 2010 and has been in operation since September 2012. Since it is a new remedy with its own unique processes, it has been developing and shaped by the jurisprudence of the Constitutional Court every year, increasing its impact on other areas of law and jurisdiction. The course aims to introduce the individual application to the Constitutional Court at undergraduate level.

Ece Göztepe, Anayasa Şikayeti, Ankara Üniversitesi Yayını, 1998.
Ece Göztepe, “Türkiye’de Anayasa Mahkemesi’ne Bireysel Başvuru Hakkının (Anayasa Şikâyeti) 6216 Sayılı Kanun Kapsamında Değerlendirilmesi”, TBB Dergisi, Sayı: 95, 2011, ss. 13-40.
Tolga Şirin, Türkiye’de Anayasa Şikayeti, XII Levha Yayınları, 2013.
Tolga Şirin, Bireysel Başvuru Usul Hukuku, Avrupa Konseyi Yayını, 2018.
Fazıl Sağlam, “Anayasa Mahkemesi’nin Ürettiği Yapay Bir Kavram: Ortak Koruma Alanı”, Metin Günday Armağanı, Atılım Üniversitesi Yayınları, 2. Cilt, ss. 1101-1164, 2020.
Fazıl Sağlam, “Anayasa Şikayeti – Anlamı, Kapsamı ve Türkiye Uygulamasında Olası Sorunlar”, Demokratik Anayasa içinde, Ece Göztepe ve Aykut Çelebi (ed.), Metis Yayınları, 2012, ss. 418-466
Fazıl Sağlam - Korkut Kanadoğlu, Anayasa Yargısı Ders Notları, On İki Levha, 2024.
Anayasa Mahkemesi Kararı Veritabanı, www.anayasa.gov.tr

Within the scope of the course, mainly the theory and procedural law of the individual application to the Constitutional Court will be examined, the substantive law will be discussed mainly in its connection with the procedural law and otherwise in general terms. In the theoretical part, the place of the individual application in constitutional jurisdiction in general, the nature of the individual application as a case and some reasoning methods used by the Constitutional Court will be discussed. In the procedural law of individual application, it is aimed that students will learn how the right to individual application is shaped by the decisions of the Constitutional Court. In the connection with substantive law, the reasoning of the Constitutional Court will also be prioritized and the students will gain competence in the characterization and analysis of different concrete cases.

1. Has a command of the basic organization and legal nature of the individual application to the Constitutional Court.
2. Has a command of the admissibility criteria for individual application to the Constitutional Court.
3. Has a command of the processes of exercising the right of individual application to the Constitutional Court as a procedural right.
4. Has a command of the case law of the European Court of Human Rights, which is frequently cited in the individual application decisions of the Constitutional Court.
5. Has a concrete knowledge of the applicable norm areas of some concrete rights and freedoms in practice.
6. Compares the theoretical knowledge on fundamental rights and freedoms with the practice of the Constitutional Court.
7. Has a command of the methods used by the Constitutional Court in the interpretation of fundamental rights and freedoms.
8. Has a command of the execution of the decisions of the Constitutional Court on individual application.

Week 1: Individual Application to the Constitutional Court (Constitutional Complaint) as a fundamental rights and freedoms protection mechanism, Conceptual Framework and Individual Application within the framework of case theory, Individual Application in Comparative Law
Week 2: Regulation of individual application to the Constitutional Court in Turkey within the scope of the Constitution and Law No. 6216
Week 3: The relationship between international treaties on fundamental rights and freedoms and laws in accordance with Article 90 of the Constitution and its effects on the practice of individual application
Week 4: Individual application procedure (Formal requirements).
Week 5: Individual application procedure (Substantive requirements).
Week 6: Admissibility criteria (Duration, jurisdiction in terms of person and place, time, subject matter, exhaustion of remedies, lack of manifest grounds, etc.).
Week 7: Admissibility criteria (Duration, jurisdiction in terms of person and place, time, subject matter, exhaustion of remedies, not manifestly lacking in merit, etc.).
Week 8: Examination of the decisions of the Constitutional Court on individual application: Right to a fair trial, right to life, prohibition of torture and ill-treatment, personal liberty and security, presumption of innocence, right to privacy, freedom of expression and press, etc.).
Week 9: Examination of the decisions of the Constitutional Court on individual application: Right to a fair trial, right to life, prohibition of torture and ill-treatment, personal liberty and security, presumption of innocence, right to privacy, freedom of expression and freedom of the press, etc.)
Week 10: Examination of the Constitutional Court's decisions on individual application: Right to a fair trial, right to life, prohibition of torture and ill-treatment, personal liberty and security, presumption of innocence, right to privacy, freedom of expression and freedom of the press, etc.)
Week 11: Examination of the decisions of the Constitutional Court on individual application: Right to a fair trial, right to life, prohibition of torture and ill-treatment, personal liberty and security, presumption of innocence, right to privacy, freedom of expression and freedom of the press, etc.)
Week 12: Consequences of judgments and enforcement of judgments and related problems.

• Midterm 30 %
• Final 70 %