According to paragraph 8 of the Provisional Article 1, which is added to the Law Regarding The Establishment and Procedures of the Constitutional Court No. 6216, individual applications against the final procedures and decisions finalized after 23.09.2012 are examined by the Constitutional Court. Article 45 of the Law No. 6216 recognizes the "right of individual application" and the European Court of Human Rights currently accepts these individual applications to the Constitutional Court as an effective domestic legal remedy. In order for the individual application to be examined by the Constitutional Court, the application must enter into the Constitutional Court′s authority in terms of person, subject, place and time. The application period to the Constitutional Court is 30 days from the exhaustion of all domestic legal remedies.
Our legal consultancy and advocacy services regarding individual application to the Constitutional Court are as follows: Individual application to the Constitutional Court which is one of the basic rights and freedoms guaranteed in the Constitution for alleged violations of any rights stipulated under the European Convention on Human Rights and the additional protocols to which Turkey has signed; determine whether the administrative and judicial application pathways stipulated in the law for the procedures, actions or omissions that are alleged to have caused the violation before the individual application have been exhausted; in this context, the examination of the acceptability requirements of the individual application; determining whether the application complies with the Law No. 6216 and the conditions specified in the Constitution Court Regulation; presenting precedent decisions supporting the violated right, which is subjected to the application; preparing a response to the opinion of the Ministry of Justice and follow-up the individual application.