Law Of Individual Application to The Constitutional Court

Fundamental rights and freedoms lie at the heart of legal systems and individuals’ lives. The Constitutional Court and the European Court of Human Rights (ECtHR) are the most important judicial bodies in safeguarding these rights. In Turkey, the Constitutional Court protects individuals’ rights through the right to individual application, while the ECtHR offers individuals a strong mechanism for seeking redress against human rights violations at the international level. However, these processes require legal knowledge, diligence, and expertise.

Güneş & Güneş Law Firm provides professional legal support to its clients before the Constitutional Court and the ECtHR, offering comprehensive services to protect individuals’ and institutions’ fundamental rights and remedy violations. Our goal is to effectively defend our clients’ rights and provide them with impactful solutions both nationally and internationally.

Our Services

1. Individual Application Processes to the Constitutional Court:

• Preparation of individual application petitions in case of violations of fundamental rights and freedoms,
• Legal analysis and organization of documents to be submitted to the Constitutional Court,
• Evaluation of applications under the criteria of admissibility,
• Monitoring applications before the Court and preparing defense statements.

2. Application Processes to the European Court of Human Rights (ECtHR):

• Preparing and submitting individual applications to the ECtHR,
• Analysis of violations under the European Convention on Human Rights,
• Managing application processes in compliance with the ECtHR’s admissibility criteria,
• Conducting correspondence and communication with the Court.

3. Freedom of Expression and Right to Fair Trial:

• Legal support against violations of freedom of expression, press freedom, and the right to assembly,
• Managing individual application and litigation processes related to violations of the right to a fair trial,
• Representation and defense in national and international cases related to these rights.

4. Protection of Property Rights:

• Preparation of applications to the Constitutional Court and ECtHR against violations of property rights,
• Legal processes related to expropriation, confiscation, and other property rights violations,
• Representation of clients before national and international judicial bodies.

5. Right to Life and Defense Against Ill-Treatment:

• Managing individual applications and litigation processes in case of violations of the right to life,
• Legal support against torture, ill-treatment, and inhuman or degrading treatment,
• Preparing applications before the ECtHR and representing clients in related matters.

6. Legal Support Against Discrimination:

• Managing litigation processes related to violations based on gender, race, religion, language, or other forms of discrimination,
• Providing legal consultancy in individual application processes against discrimination violations,
• Representation in discrimination cases before national and international judicial bodies.

7. Right to Privacy and Data Protection:

• Preparation of individual applications against violations of the right to privacy and personal data,
• Litigation processes to protect personal rights before the ECtHR and Constitutional Court,
• Legal support in cases of personal rights violations in digital environments.

8. National and International Legal Consultancy:

• Legal consultancy on constitutional rights in Turkey,
• Assessment of violations based on the European Convention on Human Rights and development of strategies for resolution,
• Legal guidance in compliance with international human rights standards.

9. Constitutional and Human Rights Training Services:

• Awareness training on Constitutional Court and ECtHR application processes for individuals, institutions, and NGOs,
• Information on legal regulations and application procedures related to fundamental rights and freedoms,
• Consultancy and training services in human rights law.

10. Enforcement and Monitoring of Violation Decisions:

• Ensuring the national enforcement of Constitutional Court and ECtHR decisions,
• Initiating legal processes when court decisions are not implemented,
• Representing clients in the enforcement process of violation decisions.

“Rightful individual in front of the public power”

“We are here for companionship…”

GUNES & GUNES LAW FIRM

Our Law Firm’s Individual Application to the Constitutional Court Regarding “Violation of Freedom of Expression Due to Penalization of Criticism Against Politicians Facing Lawsuits” Has Been Accepted

Our individual application regarding the “Violation of Freedom of Expression Due to Penalization of Criticism Against Politicians Facing Lawsuits” has been accepted by the Constitutional Court. On 15/12/2020, the First Chamber of the Constitutional Court decided in the case of Osman Palçik (B. No: 2018/25073) that the freedom of expression guaranteed under Article 26 of the Constitution was violated. This decision is a landmark ruling for Turkish judiciary. You can access the decision at the following link: https://anayasa.gov.tr/media/7198/2018-25073.pdf.

With the experience demonstrated in the aforementioned ruling, our law firm’s experienced and skilled attorneys are pleased to provide legal consultancy and representation in individual application law for our clients, both for applications to the Constitutional Court (AYM) and the European Court of Human Rights (ECtHR).

For your individual application to the Constitutional Court and application to the European Court of Human Rights, as well as ECtHR representation, please feel free to contact us. Click here to contact us!