Introduction to Law Deneme Sınavı Sorusu #902373
In which of the following cases can an individual make a direct application to the Constitutional Court?
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Violation of fundamental rights by public force |
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Legislative transactions |
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Regulatory administrative transactions |
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Rulings of the Constitutional Court |
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Transactions excluded from judicial review by the Constitution |
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”
Regarding individual application, while the Constitution stipulates “violation by public authorities”, the Law No 6216 article 45/3 restricts public authority acts and states:
“Individual applications cannot be made directly against legislative transactions and regulatory administrative transactions and similarly, the rulings of the Constitutional Court and transactions that have been excluded from judicial review by the Constitution cannot be subject of individual application.”
The correct answer is A.
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