Individual Application to the Turkish Constitutional Court (AYM): A Key Step Before Applying to the European Court of Human Rights

What is an Individual Application to the Constitutional Court (AYM)?

The individual application (bireysel başvuru) is a constitutional complaint mechanism that allows individuals to apply directly to the Constitutional Court of the Republic of Türkiye (Anayasa Mahkemesi) when they believe their fundamental rights and freedoms, as guaranteed by the Turkish Constitution and the European Convention on Human Rights (ECHR), have been violated by a public authority.

Introduced through the 2010 Constitutional amendment and implemented on 23 September 2012, this mechanism serves as an extraordinary, exceptional, and subsidiary legal remedy—meaning it can only be used after all ordinary legal remedies have been exhausted.

Why is the Individual Application Important?

The individual application is not only a key part of the Turkish constitutional justice system but also a mandatory step before applying to the European Court of Human Rights (ECtHR) in Strasbourg.

In other words, foreign or Turkish nationals who claim a human rights violation in Türkiye must first apply to the Constitutional Court before submitting a complaint to the ECtHR. This ensures that all domestic remedies have been effectively exhausted, as required under Article 35 of the European Convention on Human Rights.

Who Can Apply to the Constitutional Court?

Both Turkish citizens and foreign individuals or legal entities can submit an application to the AYM, provided that:

1. They claim a personal and direct violation of their fundamental rights by a public authority.

2. Their legal remedies (appeal, cassation, etc.) have been exhausted.

3. The application is made within 30 days of the final domestic decision or the date they learned of the violation.

However, public authorities and institutions (such as municipalities or state universities) cannot file individual applications, as the mechanism is designed to protect individuals against public power.

What Rights Can Be Protected Through an Individual Application?

The AYM reviews alleged violations of fundamental rights and freedoms that are protected under:

• The Turkish Constitution, and

• The European Convention on Human Rights (ECHR) and its additional protocols to which Türkiye is a party.

These include, among others:

• The right to life (Article 2 ECHR)

• The prohibition of torture and ill-treatment (Article 3)

• The right to liberty and security (Article 5)

• The right to a fair trial (Article 6)

• The right to respect for private and family life (Article 8)

• The freedom of thought, conscience and religion (Article 9)

• The freedom of expression (Article 10)

• The freedom of assembly and association (Article 11)

• The protection of property (Protocol 1, Article 1)

• The right to education (Protocol 1, Article 2)

What Are the Main Admissibility Criteria?

The AYM applies several strict admissibility criteria. Failure to meet any of these will result in the application being declared inadmissible.

Key reasons for inadmissibility include:

• Failure to exhaust domestic remedies

• Application filed after the 30-day deadline

• Applicant not personally affected (lack of standing)

• Application outside the Court’s jurisdiction

• Application lacking constitutional or personal significance

• Abuse of the right of application

• Application clearly unfounded (“açıkça dayanaktan yoksun”)

Each of these grounds is supported by precedent decisions (emsal kararlar), guiding how the AYM interprets procedural and substantive requirements.

How Long Do You Have to Apply?

Under Article 47(5) of Law No. 6216 and Article 64 of the AYM’s Rules of Procedure (İçtüzük), an application must be submitted within 30 days:

• From the date when all domestic remedies are exhausted, or

• If no effective remedy exists, from the date when the violation is learned.

This 30-day period is strict and cannot be extended, except in cases of force majeure or serious illness, where the applicant may apply within 15 days after the obstacle has been removed, supported by evidence of the valid excuse.

How to Apply to the Turkish Constitutional Court?

Applications must be made in Turkish, using the official application form available on the AYM’s website, and can be submitted:

• Directly to the Constitutional Court in Ankara,

• Through other courts in Türkiye, or

• Via Turkish embassies or consulates abroad.

Applications must include:

• A completed application form,

• A copy of the final court decision or administrative act,

• Proof that the application fee has been paid,

• Relevant supporting documents, and

• (If represented) a power of attorney or authorisation.

What Happens After the Application?

The procedure consists of three stages:

1. Preliminary Examination – Formal review to check if the application meets procedural requirements (complete form, timely submission, etc.).

2. Admissibility Review – Examination of whether the application satisfies constitutional and legal criteria (e.g., exhaustion of remedies, time limits, personal relevance).

3. Examination on the Merits – Substantive review of whether a constitutional right has been violated and what remedy or reparation is appropriate.

If a violation is found, the Court may order retrial, compensation, or other individual or general measures to eliminate the violation.

Common Pitfalls Leading to Rejection

Foreign applicants often face rejection for reasons such as:

• Filing after the 30-day limit

• Not attaching the final decision or proof of notification

• Failing to demonstrate a personal and direct effect

• Skipping available domestic appeal stages

• Submitting the application in English instead of Turkish

Legal representation by a lawyer experienced in AYM and ECtHR procedures is strongly recommended.

Is the AYM Application an Effective Domestic Remedy?

Yes. The European Court of Human Rights recognises Türkiye’s individual application to the Constitutional Court as an effective domestic remedy.

Therefore, the ECtHR will not accept a complaint unless the applicant has first brought their claim before the AYM and received a final decision from it.

This makes the AYM application an essential step in the human rights protection process within Türkiye.

About CCS Law

At CCS Law, our experienced lawyers advise foreign nationals, companies, and NGOs in Türkiye on constitutional complaints and human rights violations.

We assist clients with:

• Assessing the admissibility of a potential AYM application

• Preparing and submitting the complete file in Turkish

• Monitoring the progress of the case

• Taking follow-up action at the European Court of Human Rights if necessary

Whether your issue involves freedom of expression, property rights, or judicial fairness, our team provides comprehensive guidance throughout every stage of the process.

Filing an individual application before the Turkish Constitutional Court is a crucial step to safeguard your rights and preserve the option of applying to the European Court of Human Rights. Preparing a well-structured and timely complaint can make a decisive difference in the outcome.

At CCS Law, our lawyers combine experience in constitutional and human rights law in both Türkiye and the United Kingdom, assisting clients through every stage of the application process with clarity and precision.

Disclaimer: This article is intended for informational purposes only and does not constitute legal or tax advice.