ALMANYA’DAKİ ANAYASA ŞİKÂYETİ İLE KARŞILAŞTIRMALI OLARAK TÜRKİYE’DE ANAYASA MAHKEMESİNE BİREYSEL BAŞVURU YOLU
INDIVIDUAL COMPLAINT TO CONSTITUTIONAL COURT IN TURKEY WITH COMPARISON TO CONSTITUTIONAL COMPLAINT IN GERMANY

Summary/Abstract: The protection of fundamental rights and freedom takes part in Constitutional Court tasks along with its functions as supervision of laws in terms of fundamental law and protection of constitutional order of the government. Protection of fundamental rights and freedom by constitutional jurisdiction is defined as the notion of “individual complaint” in the constitution. Those individuals whose rights are violated by public law transaction through that jurisdiction are given demands of legal protection. Germany is the main country where individual appealing or constitutional complaint is carried out in the most effective way.Individual complaint, which had been argued in Turkey for a long time, was admitted with Constitutional amendment through the law numbered 5982 and dated 07.05.2010, and the principles of individual complaint were enacted through the law numbered 6216 and dated 30.03.2011. This Jurisdiction remedy formed with Constitution has been obviously influenced by constitutional application in Germany to a large extent. In the study, individual complaint features are examined within the framework of 1982 Constitution and statutory provision numbered 6216 in comparison to constitutional application in Germany, along with the possible problems which might occur in its application.

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