Review of breaches of the rules of procedure in civil jurisdiction through individual application to the Constitutional Court

The individual application is an institution that emerged to protect individuals against violations of fundamental rights and freedoms caused by the acts, actions and negligence of the organs using public power. With the acceptance of the individual application, individuals have the right to request the protection of their fundamental rights and freedoms from the Constitutional Court without means. Judicial guarantees such as the right to a fair trial are also protected by individual application. Especially in the field of civil jurisdiction, the number of applications involving the allegation of non-compliance to judicial guarantees by the judicial bodies is quite high. In our thesis, the approach of the Constitutional Court to the allegations of a violation arising from the civil procedural law, which constitutes the majority of the applications, is presented. First of all in our study, the approach of the Constitutional Court to the procedural law institutions that found an area of application in the individual application was examined by looking at the process of examining the individual applications of the Constitutional Court from the perspective of civil procedure law. Afterwards, the decisions given by the Constitutional Court as a result of the allegations that the related rights and principles were violated as well as the right to a fair trial due to violations of the procedural rules in the civil judiciary were categorized and addressed within a systematic framework regarding the procedural law. Decisions on the right to a fair trial, the right to a court, the right to be tried in independent and impartial courts, the right to an equitable trial, the right to be heard, and the right to be tried in a reasonable time have been evaluated in connection with the procedural institutions.