The problem of the individual application against legislative acts and regulatory acts

The individual application procedure was introduced to the Turkish legal system by the Constitutional Amendment Law No. 5982, which was adopted by the referendum on 12/9/2010, and started to be implemented as of 23/9/2012. In this context, according to the third paragraph of Article 148 of the Constitution, anyone can file an individual application to the Constitutional Court with the claim that any of his fundamental rights and freedoms guaranteed in the Constitution and within the scope of the European Convention on Human Rights has been violated by the public power. Article 45 of the Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court, which regulates the procedures and principles regarding the individual application, regulates the issues that cannot be subject to individual application by limiting the public power in the Constitution. Accordingly, legislative acts and regulatory acts cannot be subject to individual application. On the other hand, when the jurisprudence of the European Court of Human Rights and the individual application practices of other countries are examined, it is seen that applications in this direction are accepted according to the conditions of the concrete case, based on the fact that legislative regulations may potentially or directly cause violation of fundamental rights and freedoms. In this context, the subject of this study is to criticize this restriction in the individual application legislation. In addition, the study will examine the reflections of this situation in practice and propose solutions.