Constitutional Court President announces new era for individual applications! Starts October 1st

A symposium titled "The Effect of the Constitutional Court's Rule of Non-Retroactivity of Annulment Decisions on Individual Applications" was held to mark the 13th anniversary of individual applications to the Constitutional Court. The event, hosted by the Constitutional Court, was attended by Constitutional Court President Kadir Özkaya, Court of Cassation President Ömer Kerkez, Council of State President Zeki Yiğit, Minister of Justice Yılmaz Tunç, Court of Cassation Chief Public Prosecutor Muhsin Şentürk, Supreme Election Council President Ahmet Yener, and numerous guests.

Constitutional Court President Kadir Özkaya began his opening speech with the words, "If a person wants to be long-lived, let them be just. This is the same for states. Being just extends life."

Reminding that Turkey is a permanent member of the Council of Europe, Özkaya stated that the inclusion of individual applications in the legal system was one of the most important reforms. Explaining the historical development of individual applications, which were introduced into Turkish law after a long process, Özkaya stated the following:

"Our country became a party to the European Convention on Human Rights, which contains the rights and freedoms within the scope of individual applications, in 1954; it accepted the right to individual application to the European Court of Human Rights in 1987, and the binding nature of the Court's decisions in 1990. Following these developments, in 2004, it carried out a constitutional amendment that granted supremacy to international conventions regarding fundamental rights and freedoms to which Turkey is a party, primarily the European Convention on Human Rights. With the constitutional amendment made in 2010, which opened the way for individual applications to the Constitutional Court, and the subsequent implementation of individual applications, constitutional judicial review was initiated as of September 23, 2012, against rights violations caused by persons and institutions using public power.

Since that date, everyone has been able to apply to the Constitutional Court with the claim that any of their fundamental rights and freedoms guaranteed by our Constitution, or within the scope of the European Convention on Human Rights, have been violated by public power. Individual application constitutes one of the highest guarantees in domestic law for the protection of individuals' fundamental rights and freedoms. This path has not only ensured the protection of individuals against public power; it has also served to consolidate the principles of the rule of law and democracy. The right to apply has transformed individuals from being merely the subjects of their rights into active subjects in the protection of the constitutional order."

Noting that individual application creates a domestic legal mechanism parallel to the European Convention on Human Rights, Özkaya stated that citizens can raise their claims of rights violations within the national system without having to resort to international application channels.

67 THOUSAND OUT OF 70 THOUSAND APPLICATIONS CONCLUDED IN 2024

Özkaya said that approximately 700 thousand individual applications have been made in 13 years, thousands of violations have been remedied, and constitutional principles have become more effective. He continued his speech with the following statements:

"The Constitutional Court continues to successfully implement the individual application system, which it brought to life based on the authority granted by our noble nation in 2010. Indeed, in 2024, against 70 thousand applications made during the year, our Court concluded approximately 67 thousand applications; in the same year, it issued 5 thousand 551 violation decisions. In addition to individual applications, our Court concluded 233 annulment and objection cases in 2024, against 236 such cases filed in the field of norm review.

I can say that similar statistical data continues in 2025. As of today in 2025, approximately 40 thousand applications have been concluded against approximately 50 thousand individual applications. As can be seen, the individual application mechanism, while transforming the Turkish legal system on one hand, has also moved the Constitutional Court to a central position in the protection of rights and freedoms, making it an indispensable institution for the establishment of social justice. Therefore, as of today, our Court, like all our other judicial institutions, has become one of the most important actors in individuals' search for justice."

"AS OF OCTOBER 1, INDIVIDUAL APPLICATIONS WILL ALSO BE MADE VIA UYAP"

Stating that they attach special importance to technological transformation in order to make legal remedies more effective, Özkaya made the following announcement:

"Initially, individual applications could only be made in a physical environment. However, with digitalization becoming an inevitable necessity for modern legal systems, our Court has taken and continues to take significant steps in this direction. In this context, I would like to share the good news with you that as of October 1, 2025, it will be possible to make individual applications electronically via the UYAP Lawyer Portal.

From now on, the ability for our lawyers to make applications via the UYAP system will be implemented. Thus, accessibility will be increased, and the way will be paved for application processes to be carried out more quickly, effectively, and transparently. We believe that this innovation will further strengthen the social function of individual applications and ensure that legal remedies are compatible with the technological possibilities of the age."