AYM individual application is a powerful legal remedy; but strict admissibility conditions (exhaustion of domestic remedies, 30 days, violation of fundamental rights) and 5% acceptance rate.
5 conditions of acceptability
Common rights violated
- Right to a fair trial (Art. 36).
- Right to property (Art. 35).
- Personal freedom and security (Art.19).
- Privacy of private life (Art.20).
- Freedom of thought and expression (art.25-26).
- Right to effective remedy (Art. 40).
Petition structure
Processes
- First review: 1-3 months.
- Main review: 6-18 months.
- Conclusion (acceptance + violation): 12-24 months.
- Urgent measure (m.49): the judge can make a decision on the same day (danger to life).
Result types
- No violation.
- Clearly ill-founded
- Lack of time.
- Lack of authority.
- He has not exhausted domestic remedies.
- There is a violation → compensation / retrial.
Frequently asked questions
I missed the 30 day deadline; Is there anything to do?
If there is a force majeure (disease, earthquake, etc.), an extension of time may be requested with a document. Late application directly to the Constitutional Court will be rejected. The ECHR 6-month period should be considered in parallel.
I was rejected because domestic remedies were not exhausted; what do i do?
Complete the remaining remedy (e.g. appeal or appeal) and re-apply within 30 days. The Constitutional Court will register.
Is the Constitutional Court decision binding for Türkiye?
Yes, Article 153 of the Constitution - Constitutional Court decisions are final and binding. If the court decides on a retrial, it must implement it. The compensation provision must be paid by the administration.
Is there priority between the ECHR and the Constitutional Court?
When domestic remedies are exhausted, the Constitutional Court should be appealed; Afterwards ECHR. If the Constitutional Court does not find a violation, the application period to the ECHR is 6 months (Convention Article 35).
Should we apply to the Constitutional Court with a lawyer?
Not required but recommended; The 5% acceptance rate falls from procedural errors related to acceptability criteria. Legal support increases the chance of success.
Relevant legislation
- HMK article 371 et seq. — Appeal, appeal; legal remedies.
- Constitutional Constitutional Court Law — Right to individual application.
- ECHR — European Convention on Human Rights individual application.
- IYUK No. 2577 — Administrative trial; Powers of the Council of State.
- FSEK article 36 — Quotation from intellectual works; Commentary jurisprudence publication framework.