Anayasa Mahkemesinin Bireysel Başvuru Kararlarında Hizmet Kusuru

Abstract

The administration is obliged to compensate the damages arising from its own actions and operations. This principle regarding the responsibility of the administration for the damages it causes is guaranteed by the Constitution. In its most basic form, fault of service is a type of defective liability that can be categorized as the failure, delay or poor functioning of the service provided by the administration, which has public power. The number of individual applications to the Constitutional Court regarding the fault of services of the administration is increasing. The Constitutional Court's approach to the issue is of great importance since the individual application is a legal remedy that can be applied as a result of the exhaustion of ordinary judicial procedures. This study aims to analyze the approach of the Constitutional Court in the judgments of individual application regarding the fault of service.