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ARTICLE · 13 SEPTEMBER 2022

How To File An Individual Application With Constitutional Court

Gün + Partners
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According to article 45 of the Code on Establishment and Procedure Rules of the Constitutional Court (No. 6216) (the Code), anyone can apply to the Constitutional Court on the...

TurkeyGovernment, Public Sector

Introduction

According to article 45 of the Code on Establishment and Procedure Rules of the Constitutional Court (No. 6216) (the Code), anyone can apply to the Constitutional Court on the grounds that their fundamental rights and freedoms - protected under the Turkish Constitution, the European Convention on Human Rights and any additional protocols to which Turkey is a party - have been violated by public force. Any and all administrative and judicial remedies regarding the act, action or negligence that caused the alleged violation must be exhausted before an individual application can be made.

An individual application can only be filed by those whose current and personal rights have been directly impacted by the act, action or negligence causing the alleged violation. Private legal persons can only file individual applications on the grounds that the rights belonging to the legal person have been violated.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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