Individual application in Turkey

The examples of the system of the individual application which are being implemented in Germany, Austria, Switzerland, Spain and Mexica are examined in terms of comparison and evaluation within the scope of my study which is about the individual application in Turkey via the commentation of the Constitutional Court. While examining the systems of the individual application implemented in these countries, in terms of the rights that can be the subject of the right of individual application it is seen that the examples of Germany and Mexica constitute an inclusive model which covers the fundamental rights that are not stated in the constitution. On the other hand the system of Spain envisages a more expansionary approach via the jurisprudence of the Constitutional Court in terms of the rights that can be the subject of the right of individual application subject of the rights and the people who have the right to apply to the individual application. The manner in which the legislation regarding the individual application system is interpreted by the Constitutional Court in practice is important. Especially, the limited regulation of the rights subject to an individual application, the procedures subject to an individual application and those who have the right to individual application highlight the literal or broad comments of the Constitutional Court regarding the individual application area. The Constitutional Court rules temporary expedient, inadmissibility, administrative rejection, pilot case, abuse, decision of dismissal and the violation and non-violation of the rights as a result of the individual application. This thesis deals with the interpretation of the Constitutional Court in the context of decisions other than the violation and non-violation of the rights. These decisions have a great importance in terms of the interpretation of the individual application legislation via literal and broad comment. The verdicts of the Constitutional Court may give an opportunity for the introduction of an inclusive model via leading to the discussion of the limitations of the Turkish individual application system.