Anayasa Mahkemesine Bireysel Başvuruda Olağan Kanun Yollarının Tüketilmiş Olması Şartı

Abstract

Constitutional Complaint is a fairly new institution in our country and has been in effect since 23 September 2012. This constitutional right, which is expressed as “individual application”, is the claim of violation of rights by persons whose fundamental rights or freedoms have been violated by public power, with a lawsuit filed in the Constitutional Court as a last resort, after exhausting all remedies provided in domestic law.

In this study, in which the scope and limits of the "exhaustion of ordinary legal remedies" condition, which is one of the admissibility conditions of the individual application, are discussed. The problems that arise in practice and the situations where the rule is not applied or cannot be applied are discussed in detail. Throughout the study, progress has been made on the basis that individual application is a remedy that serves the protection of human rights, and it has been argued that the essence should dominate the procedure. The fact that the remedies that should be exhausted before making an individual application are not exhausted is mostly due to the insufficient knowledge and experience on this subject. With this study, it is aimed to contribute to the effective implementation of the individual application system.