Master'sOpen Access

Right to individual application to the Constitutional Court in Turkish Law and the principle of effective investigatıon

2016
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Advisor: Prof. Dr. Mehmet Tevfik Gülsoy

Abstract (EN)

Constitution recognized right to individual application as a secondary legal remedy to everyone who claims that one of his/her fundemantal rights and freedoms secured by Europan Convention on Human Rihgts and additional protocol is violated by public authority, so as to abolish the violation after using the usual legal remedies provided by domestic laws. To recognize the right to individual application is an important step in our domestic law to secure fundamental rights and freedoms. With the way of individual application, it is intended to create an effective control system to prevent and resolve right violations. In this context, The Constitutional Court's examinations, comments regarding violation claims and decisions about application have a great importance. The Constitutional Court should not only content with recognizing fundamental rights and freedoms to individual, but also it should enlighten event causing violation of rights and freedoms and control whether do an to determine whoever is responsible or not. In this regard, for speaking an effective investigation, The Constitutional Court should firstly designate standarts about application, then should be convinced whether competent authorities are up to standart sor not. Key words: Right to individual application, fundemantel rights and freedoms, The Constitutional Court, to secure fundemantel rights and freedoms, effective investigation.

Author

Aslıhan Arık

How to Cite

Aslıhan Arık (Master Thesis). Right to individual application to the Constitutional Court in Turkish Law and the principle of effective investigatıon, 2016, Gaziantep University.

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