The limits of the right to individual application to the Constitutional Court in Turkish law

With the constitutional amendment in 2010, right to individual application to the Constitutional Court was included in Turkish Legal System. Right to individual application introduced as a domestic legal remedy for violation of human rights in Turkey was limited to certain areas by the Law Nr. 6216 on Establishment and Rules of Procedure of the Constitutional Court. Examining the said law, it can be said that, by introducing some restrictions, the legislator primarily aims to establish and protect the harmony between the legislative, judicial and executive powers. However, human rights and freedoms are to be assessed as a whole. Rights and freedoms can be violated by abolishing the guarantee attributed to that right and freedom. Besides, a legally recognized right or a freedom can also be indirectly violated by means of different regulations that neutralize them. The main objective of individual application mechanism is to enable a person who thinks that his or her fundamental right is violated to directly apply to the Constitutional Court. It should be discussed if introducing the laws restricting the individual application, in spite of the fact that it is recognized in the Constitution, is compatible with the aim of individual application mechanism. This thesis will examine and discuss "the limits of the right to individual application to the Constitutional Court in Turkish Law ". In this paper, the restrictions on the right to individual application will be examined from a critical perspective and it will be discussed how compatible these restrictions with the Constitution, the principle of protecting fundamental rights and freedoms and the right to individual application, and solutions will be presented.