The Constitutional Court's Jurisdiction in Examining Individual Applications in Terms of Person, Place, Time and Subject
After Turkey became a party to the ECHR and accepted the individual application method to the ECtHR, many individual applications were made from Turkey to the ECtHR due to the lack of an effective means to examine violations of fundamental rights and freedoms in domestic law and many violation decisions were made against Turkey.
However, since the fundamental duty of a state governed by the rule of law is to protect the fundamental rights and freedoms of individuals and to ensure that public bodies act in accordance with the Constitution and the laws, in accordance with Article 2 of the Constitution, it was necessary to accept an effective individual application remedy in domestic law in Turkey, which must be exhausted before applying to the ECHR.
For these reasons, the individual application method to the Constitutional Court was included in our legal system with the amendments made to Articles 148 and 149 of the Constitution by the referendum held on September 12, 2010, and started to be implemented on September 23, 2012. In addition, regulations regarding the institution of individual application were introduced in the Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court and the Internal Regulations of the Constitutional Court.
According to the regulations in question, the Constitutional Court first determines whether an individual application is in accordance with the procedure and then whether it requires examination in terms of the merits. These criteria for compliance with the procedure constitute the admissibility conditions of the Constitutional Court, and the Constitutional Court's authority is one of the first to be examined among these admissibility conditions.
In this context, in the first part of our study, the legal nature of individual application to the Constitutional Court, the basic features of individual application were explained; the conditions for admissibility were generally stated.
In the second part of our study, the authority of the Constitutional Court, which is one of the procedural conditions of admissibility in individual applications, which is the main subject of our study, was examined in terms of person, subject, place and time, and the decisions of the Constitutional Court on these issues in individual applications and examples from practice were given.
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