BİREYSEL BAŞVURUDA ZAMAN BAKIMINDAN YETKİ

Yıl 2016, Sayı: 25, 283 - 303, 29.12.2016

Mücahit Aydın

Öz

The individual application was introduced to Turkish legal system
through the constitutional amendment of 2010. As of 23.9.2012, the
Constitutional Court started to receive and adjudicate applications alleging
violation of fundamental rights and freedoms that are under joint protection of
the Constitution and Human Rights Convention. The law numbered 6216 also
determined the beginning of temporal jurisdiction of the Constitutional Court
with respect to individual applications as 23.9.2012. In other words, the Court
may examine individual applications only against final acts or decisions that
are finalized after 23.9.2012. Since then, the Court has dealt with the issue of
its jurisdiction ratione temporis in many cases. This study aims to explore
temporal jurisdiction of the Court through its case-law and provide a practical
guide to both applicants and practitioners. It first examines the issue under
headings of rights, namely, right to liberty and security, right to property and
right to fair trial. It then explores the issue through procedural matters. The
study concludes with a brief assessment of the Court’s case-law on the topic. 

Anahtar Kelimeler

Yetki

Kaynakça

• BİREYSEL BAŞVURU, SEÇME KARARLAR 2014, Anayasa Mahkemesi
• Yayınları, Ankara, 2015.
• EKİNCİ, H., SAĞLAM, M. (2014), Sorularla Anayasa Mahkemesine Bireysel
• Başvuru, Anayasa Mahkemesi Yayınları, Ankara.
• HARRIS, D. O’BOYLE, M., ARBRIC, C., (2013), Avrupa İnsan Hakları
• Sözleşmesi Hukuku, Avrupa Konseyi, 1. Baskı, Ankara.