Individual application to The Constitutional Court investigation of the magistrate

Constitutional complaint is new and top seeking remedy way which is brought in to our law by Code 5982 and Code 6216. Everybody can apply to Constitutional Court with claim of violation protected by our Constitution and European Convention on Human Rights and its additional protocols. Turkey have also accepted this type of case, which is defined as individual appeal right by the amendments made in Law Number 5982 and Article 148 of the constitution. Law number 6216 Law Regarding the Establishment of the Constitutional Court and its Rules of Procedure took effect on 03.04.2011 by Official Gazette Number 27894 also, however, with Article 76/1. a of the same law, it was stipulated that Articles 45 to 51 establishing individual appeal right take effect on 23.09.2012. Violations of fundamental rights shall be eliminated with the help of individual application mechanism; consequently the number of applications to ECHR against Turkey shall be decreased, therefore human rights standard of our people will be increased and their fundamental rights and freedoms will be protected in a more efficient way by solving lots of conflicts internally, without needing to take them to ECHR. Our first aim to generate this thesis is that we wanted to Individual application to the Constitutional Court examination of the title of victim and the definition of. This thesis consists of three main sections. In the first part of the study has been focused on the conceptual framework, historical process, basic features, nature, function, location within the constitutional jurisdiction of individual application to the Constitutional Court and examples of comparative law. In the second section, the fundamental rights and freedoms protected by the individual application to the Constitutional Court on applications has been examine; in the third and last section; examination of the status of the victim in the way of individual application and The decisions of the Constitutional Court and the Court are examined and the sample decisions made about the applications to these courts are discussed.