The finality and binding force of violation findings inindividual application of Constitutional Court of Turkey

In the historical process that is relating to constitutional jurisdiction, individual application procedure to constitutional courts has emerged due to the need of the protection of fundamental rights. Before this procedure, the fundamental rights had only been protected by abstract review of norms and concrete norm control. But this way of protection was not sufficient enough because of its indirect nature. Therefore, it can be said that the main function of individual application to constitutional courts is to protect fundamental rights. This is the subjective function of the individual application and in order for this function to be implemented, the judgements of violations must be duly enforced. Improving and implementing the fundamental rights regime of constitution has been the objective function of individual applications. For this function to be effective, the reviews of constitutional courts for the human rights regimes mentioned in the constitutions must be binding to a certain degree.