Possible Effects of the Constitutional Complaint Mechanism on Human Rights Practices

Abstract

Individual application  was introduced into the Turkish legal system by the 2010 constitutional amendments and 23 September 2012 was determined as the first day of receiving applications. The amendment of the Constitution from May 7, 2010 has been introduced the constitutional complaint remedy which has to be concretised by the law on the Establishment and Rules of Procedure of the Constitutional Court. In most of the Continental European and Latin-American countries, constitutional complaint mechanism is accepted as one of the most effective remedies to protect the fundamental rights and freedoms.  In our study, firstly the constitutional complaint mechanism, are dealt with technical aspects, then the possible effects of the constitutional complaint institution for human rights practices are evaluated in accordance with the decisions made by the Turkish Constitutional Court, the European Court of Human Rights case law and the work of the Venice Commission.

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