Individual application to the Constitutional Court
Individual applications to the Constitutional Court and applications to the European Court of Human Rights.
- Constitutional jurisdiction
Last updated: · Av. Şeref Şahin
Since 2012, anyone may lodge an individual application with the Constitutional Court claiming that public authorities have violated a fundamental right or freedom guaranteed by the Constitution and also protected under the European Convention on Human Rights.
Ordinary legal remedies must be exhausted before applying. The time limit is 30 days from the date remedies were exhausted or the date the violation became known.
When legal advice may be needed
- You believe your proceedings have not been concluded within a reasonable time
- You believe your right to a fair trial has been violated
- You believe your detention is unlawful
- There has been interference with your freedom of expression, assembly or religion
- Your right to property has been violated
- There has been interference with your private life or freedom of communication
Services
- Preparing the individual application form and its annexes
- Determining whether domestic remedies have been exhausted, and the applicable time limits
- Setting out the grounds for the alleged violations in light of Constitutional Court and ECtHR case law
- Requests for an interim measure where there is a risk to life
- Following the file through the admissibility and merits stages
- Requests for retrial after a violation judgment
- Applications to the European Court of Human Rights
Common questions in this area
What is the time limit for an individual application?
The application must be lodged within 30 days of the date legal remedies were exhausted or, where no remedy is available, the date the violation became known. If there is a valid excuse, restoration of the time limit can be requested within 15 days of the excuse ceasing to exist.
Is there a fee for an individual application?
Yes, an application fee is payable. Those unable to pay can request legal aid. The fee amount is set anew each year.
What happens if the Constitutional Court finds a violation?
The Court rules on what must be done to redress the violation and its consequences. If the violation arises from a court decision, the file is sent to the relevant court for retrial; compensation may also be awarded where necessary.
Can I apply to the ECtHR after the Constitutional Court?
Yes. The time limit for applying to the European Court of Human Rights is four months from the date the last domestic decision becomes final.