This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Anayasa Mahkemesine Bireysel Başvuru.
Two conditions must be met together: the ordinary remedies must have been exhausted, and the application must be made within thirty days of the final decision. It is not a further tier of appeal: the Constitutional Court does not reassess evidence, and examines only whether rights protected both by the Constitution and by the European Convention on Human Rights have been violated.
The appeal and cassation stages are over and the judgment is final — but you believe your fundamental rights were violated.
There is one route left: an individual application to the Constitutional Court. This article covers its conditions, its short deadline, and what it can achieve.
Who Can Apply
Article 148/3 of the Constitution: anyone may apply to the Constitutional Court alleging that one of their fundamental rights and freedoms guaranteed by the Constitution and falling within the European Convention on Human Rights has been violated by public power.
Two conditions run together: the right must be guaranteed both by the Constitution and by the Convention and the additional protocols Turkey has ratified.
So the breach of a purely statutory right — a procedural rule misapplied, say — is not by itself a ground; the breach must engage a fundamental right.
The rights most often relied on: the right to a fair trial (trial within a reasonable time, the right to a reasoned decision, equality of arms), the right to property, freedom of expression, liberty and security of person, privacy, and respect for family life.
The application may be made by those whose current and personal right is directly affected by the act, omission or measure complained of. Public legal persons cannot apply.
Why Remedies Must Be Exhausted
Article 45/2 of Act no. 6216 requires that all the administrative and judicial remedies provided by law for the act, omission or measure complained of have first been exhausted.
So an individual application cannot be made without using the appeal and, where available, cassation. Applications made without meeting this condition are declared inadmissible.
Nor can an individual application be made directly against legislative acts and regulatory administrative acts, or against decisions of the Constitutional Court and acts the Constitution excludes from judicial review.
There is one exception: where exhausting the remedies would be ineffective, or access has been blocked by an excessively formalistic interpretation, the condition can be relaxed.
The Deadline
Article 47/5 of Act no. 6216: the application must be made within thirty days of the date the remedies were exhausted, or, where no remedy is provided, of the date the violation became known.
The period is a forfeiture period and is applied by the Court of its own motion.
Someone prevented by a valid excuse from applying in time may apply within fifteen days of the excuse ending, with evidence documenting it. The Court decides whether the excuse is valid.
Time runs from service of the decision, not from learning of it.
So note the date the final decision was served and mark the calendar.
Why Most Applications Fail
The great majority are declared inadmissible without the merits being reached. The main grounds:
- Out of time — the thirty days missed
- Remedies not exhausted
- Lack of jurisdiction as to subject matter — the right relied on is not within the area protected by both the Constitution and the Convention
- Manifestly ill-founded — the allegation of violation is not made out
- A complaint that is really a further appeal — errors in assessing evidence or interpreting the law that do not reach the level of a violation of a fundamental right
- No significant disadvantage
The fifth is the commonest: the Constitutional Court does not put itself in the place of the lower courts and reassess evidence. The application must show concretely which fundamental right the decision violated, and how.
So the application must not be a repetition of the appeal.
| Condition | Explanation |
|---|---|
| Exhaustion of remedies | Appeal and, where available, cassation must be complete |
| Time | 30 days from service of the final decision |
| Scope | Rights protected by both the Constitution and the Convention |
| Current and personal detriment | The applicant must be directly affected |
| Constitutional significance | Manifestly ill-founded applications are rejected |
| Fee | The application attracts a fee |
| Legislative and regulatory acts | Cannot be challenged directly |
Where a violation is found, the Court may send the file to the relevant court to have the consequences removed — which can mean a retrial.
The commonest reason applications fail is that they read as a further appeal. The Constitutional Court does not reassess evidence: show concretely which right was violated and how. And the thirty days runs from service of the final decision, not from when you learned of it.
Frequently Asked Questions
Is this a further appeal?
No. The Constitutional Court does not reassess evidence or reinterpret the law; it examines only whether a right protected by both the Constitution and the Convention was violated.
How long do I have?
Thirty days from service of the final decision. It is a forfeiture period, applied by the Court of its own motion, though a documented valid excuse allows fifteen further days.
Must I appeal first?
Yes. All administrative and judicial remedies must be exhausted, unless doing so would be ineffective or access has been blocked by excessive formalism.
Why are most applications rejected?
Because they are out of time, remedies were not exhausted, the right is outside the common protected area, the allegation is manifestly ill-founded, or the complaint is really a further appeal.
What happens if a violation is found?
The Court may send the file to the relevant court to have the consequences of the violation removed, which can lead to a retrial.