What is individual application? Who can apply it?
Individual application is an extraordinary legal remedy that real or private legal entities whose fundamental rights and freedoms have been violated by public power can apply after exhausting ordinary legal remedies. At this point, individuals who think that their fundamental rights and freedoms protected under the relevant legislation have been violated can make an individual application to the Constitutional Court and the European Court of Human Rights.
For which decisions can individual application be made?
In order to make individual application to the Constitutional Court, the said decision must be one of the decisions that became final after 23 September 2012, when individual applications to the Constitutional Court were started to be accepted. The relevant decision may be related to a civil case, or it may be one of the decisions in the field of criminal and administrative law.
In order to make an individual application to the European Court of Human Rights; the violated right must be one of the rights specified in the Convention and Additional Protocols and must be violated by one of the countries that signed the European Convention on Human Rights.
From what date and within how many days can individual application be made?
An individual application to the Constitutional Court must be made within 30 days after the ordinary legal remedies have been exhausted about the decision in question and the decision has been learned by the applicant, and if there are no other remedies, the violation is learned.
In order to make an individual application to the European Court of Human Rights, the applicant must exhaust domestic remedies and apply to the court within 6 months after the final decision.
In terms of which rights does individual application apply?
Individual application to the Constitutional Court, anyone whose fundamental rights and freedoms, which are protected by the Constitution of the Republic of Turkey and the European Convention on Human Rights and additional protocols to which Turkey is a party, are violated through public power, can make an individual application to the Constitutional Court.
Individual application to the Constitutional Court must be made in the official language using the individual application form, in accordance with the conditions specified in the Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court and the Rules of Procedure of the Constitutional Court.
In order to make an individual application to the European Court of Human Rights; the right/rights that are thought to be violated must be among the rights specified in the Convention and Additional Protocols.
What are the services we offer to our clients within the scope of individual application Law?
ATD Law Firm with its expert staff and years of experience has been providing individual application services to the Constitutional Court and the European Court of Human Rights in various cases for many years for people whose fundamental rights and freedoms have been violated by the public power. In this context, within our office;
- Conducting detailed evaluation meetings regarding the individual application procedure with our real person and legal person clients,
- Evaluation of the files, which are considered to be individual application to the Constitutional Court/European Court of Human Rights, in terms of admissibility,
- Preparing the Individual application form and all the evidence and documents to be submitted to the courts in a file-specific and meticulous manner,
- Making individual application, ensuring participation in the hearings held by the courts, hearing witnesses and experts and discovery, if deemed necessary by the courts,
- After the application, many legal services are provided, such as carefully following the outcome of the application and ensuring the execution of court decisions.