WHICH ACTS MAY BE SUBJECT TO APPLICATION?

Claims of violations that can be the subject of individual application will be examined only if there is an act, action or neglect by the bodies who exercise the public power of the State of Republic of Turkey or an act or neglect that can be attributed to public authority. On the other hand, individual application cannot be filed in principle against acts of private persons. exception to the rule which stipulates that individual application cannot be filed against acts of private persons or institutions is that public authorities have a positive obligation in prevention of violations of constitutional rights.

Individual application can only be introduced by those whose actual and personal rights are directly affected by an act, action or neglect claimed to result in violation”. Only individuals who personally become a victim due to violation of a fundamental right may resort to the remedy of individual application. Therefore, individual application is not designed as an abstract application or actio popularis Since individual application procedure is not regulated as a remedy that allows the claim of concrete unconstitutionality of a public regulation, legislative procedures (laws, bylaws etc.) and regulatory procedures of administration (internal rules, regulations etc.) cannot be subject of an individual application directly. In addition, An individual application cannot be filed in any way whatsoever against judgments of the Constitutional Court and acts excluded from judicial review by the Constitution.

 

The Constitutional Court of the Republic of Turkey © 2015
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