INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Introduction To Human Rights Law soru detayı:

PAYLAŞ:

SORU:

What is individual application?


CEVAP:

The individual application has been introduced into the Turkish Legal System by the constitutional amendment made on 12.09.2010 with the Law No 5982. By this amendment the individual application was enshrined in the article 148 of the Constitution as follows:
“1. The Constitutional Court shall … decide on individual applications.

3. Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights, which are guaranteed by the Constitution, has been
violated by public authorities. In order to make an application, ordinary legal remedies must be exhausted.
4. In the individual application, judicial review shall not be made on matters required to be taken into account during the process of legal remedies.
5. Procedures and principles concerning the individual application shall be regulated by law.”