Individual Application to the Constitutional Court: Conditions, the Thirty-Day Period and Inadmissibility

An individual application to the Constitutional Court is a remedy of last resort for alleged violations of fundamental rights and freedoms by public authorities. This article gives a general overview and does not replace an assessment of your specific case.

1. Who may apply, and for which rights?

Everyone may apply on the allegation that a public authority has violated a fundamental right or freedom guaranteed by the Constitution that also falls within the European Convention on Human Rights and the additional protocols to which Türkiye is a party (Law No. 6216, Art. 45/1). Only persons directly affected in a current and personal right may apply. Public legal entities cannot apply; private legal entities may apply only for violations of rights belonging to the legal entity; foreigners cannot apply regarding rights granted only to Turkish citizens (Art. 46).

2. Exhausting remedies first

All administrative and judicial remedies provided by law for the alleged violation must be exhausted before an individual application (Art. 45/2). Legislative acts and regulatory administrative acts cannot be challenged directly, and Constitutional Court decisions cannot be the subject of an application (Art. 45/3).

3. The thirty-day period

The application must be made within thirty days of the date remedies were exhausted, or, if no remedy is provided, of learning of the violation. Those who could not apply in time for a justified reason may apply within fifteen days of the end of the excuse, with documents proving it (Art. 47/5).

4. What the petition must contain

• Identity and address details of the applicant and any representative.
• The right or freedom allegedly violated, the constitutional provisions relied on and the grounds of violation.
• The stages of exhausting remedies and the date they were exhausted.
• Any damage suffered.
• The evidence relied on, the original or a copy of the acts or decisions alleged to violate the right, and proof that the fee was paid. A power of attorney is submitted if represented by a lawyer (Art. 47).

Applications are subject to a fee. If documents are missing, up to fifteen days are given; if not completed without a valid excuse, the application is rejected (Art. 47/6).

5. Inadmissibility

The Court may declare inadmissible applications that have no importance for applying and interpreting the Constitution or for defining the scope of fundamental rights and in which the applicant has not suffered significant harm, and applications that are manifestly ill-founded. Inadmissibility decisions are final (Art. 48), so the grounds must be prepared carefully.

6. European Court of Human Rights

After domestic remedies are exhausted, an application to the European Court of Human Rights may also be considered, subject to its own time limit and conditions, which must be checked separately.

7. Contact

To assess whether remedies are exhausted and whether limits are running, you can create an appointment or reach us via the contact page.

This article is for general information only and is not legal advice.