Individual Application To The Constitutional Court

Mode of Delivery

Face to Face

Prerequisites and Co-Requisites

None

Recommended Optional Programme Components

None

Course Contents

The importance of protecting fundamental rights and freedoms will be explained. Parallel to this, detailed information will be given in order to use the individual application in the most effective way possible for the protection of fundamental rights and freedoms. Since the rights that can be the subject of individual application should be included in both the 1982 Constitution and the European Convention on Human Rights, the scope of the rights at the intersection point both in our country and in the international arena will be examined.

Weekly Schedule

1) Introduction to the Course
2) The prevention of human rights, its importance and individual application
3) Individual application institution, definition, features and functions
4) Individual application in comparative law and different practices of individual application
5) Disputes about individual application in the period of Constitution of 1961 and 1982
6) Duties of the Constitutional Court in Constitution of 1982 and Law No. 6216 and the right of individual application
7) Midterm
8) The conditions of the individual application to the Constitutional Court-I (applicants, procedures that may be subject to application, time assessment)
9) The conditions of the individual application to the Constitutional Court (duration, rights alleged to have been violated, etc.)
10) The Constitutional Court’s examination of admissibility and examination of substance
11) Decisions on individual application
12) The rights which can be used for the individual application to the Constitutional Court (The general evaluation of the rights in our Constitution and European Convention on Human Rights)
13) Detailed examination of the rights that can be the subject of individual applications to the Constitutional Court - I
14) Detailed examination of the rights that can be the subject of individual applications to the Constitutional Court - II
15) Current Problems of individual application to the Constitutional Court in Turkey and General Evaluation
16) Final

Recommended or Required Reading

1- Ece Göztepe, Anayasa Şikayeti, AÜ, Hukuk Fakültesi Yay.
2- Bahadır Kılınç, Karşılaştırmalı Anayasa Yargısında Bireysel Başvuru Kurumu ve Türkiye Açısından Uygulanabilirliği, Anayasa Yargısı (25), 2008.
3- Öykü Didem Aydın, Türk Anayasa Yargısında Yeni bir Mekanizma: Anayasa Mahkemesine Bireysel Başvuru, GÜHFD, C.15, 2011.

Planned Learning Activities and Teaching Methods

1) Lecture
2) Lecture
3) Question-Answer
4) Question-Answer
5) Self Study
6) Self Study

Assessment Methods and Criteria

Contribution of Semester Studies to Course Grade	30%
Number Percentage Semester Studies Quiz 1 50% Presentation/Seminar 1 50%
Contribution of Final Examination to Course Grade	70%
Total	100%

Language of Instruction

Turkish

Work Placement(s)

Not Required