Paylaş | 03 November 2023
Within the framework of the project on “Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights”, which is jointly implemented by the General Secretariat of the Constitutional Court and the Council of Europe, the 6th Regional Meeting on “Violation Judgments on Individual Applications in Civil and Administrative Proceedings and Elimination of the Consequences of Violations” started in İzmir on 30 October 2023.
The meeting began with opening remarks by the President of the Constitutional Court, Prof. Dr. Zühtü Arslan, the Head of the İzmir Regional Court of Appeal, Mr. İdris Kizir, the Chief Public Prosecutor of İzmir, Mr. Fahri Mutlu Tosun, and the Head of the Council of Europe Programme Office in Ankara, Mr. William Massolin. In attendance were the vice-presidents and justices of the Constitutional Court, the Governor of İzmir, the presidents of the regional administrative courts and regional courts of justice, the chief public prosecutors, as well as judges and public prosecutors practising in the region.
President Arslan began his speech by highlighting the significant contributions of regional meetings that address the inter partes and erga omnes effects of judgments in order to better understand and implement the individual application mechanism. He noted that by drawing on the experience of the past century of the Republic, everyone has a shared responsibility to build the future centuries and to pass on the achievements to future generations. President Arslan underlined that the Republic of Türkiye is a democratic, secular and social state that respects human rights and is governed by the rule of law. He continued: “In this definition, the defining quality is the ‘rule of law’, because this principle is not only one of the qualities of the Republic, but also a fundamental principle that qualifies other qualities. In this sense, the Republic of Türkiye is first and foremost a constitutional state. Principles such as human rights, democracy, secularism and the social state are also formulated as qualities that complement the rule of law.”
“The Constitutional Court has made every effort to fulfil its essential role as the guardian of the destitute.”
Recalling the words of Mustafa Kemal Atatürk, “The Republic is first and foremost the guardian of the destitute”, President Arslan emphasised that the responsibility of being the “guardian of the destitute” belongs primarily to the judiciary and expressed that the Constitutional Court has made every effort to fulfil this essential role, especially after the introduction of the individual application mechanism. He added: “Individuals from almost every segment of society who believe that their constitutional rights and freedoms have been violated, essentially those who feel helpless and destitute, resort to the individual application procedure after exhausting all administrative and judicial remedies. From workers to businessmen, from farmers to exporters, from students to teachers, from journalists to politicians, individuals and organisations from almost all walks of life apply to the Constitutional Court to seek redress for the violations they believe they have suffered.” President Arslan mentioned that for the past 11 years, the Constitutional Court has thoroughly examined applications from a rights-based approach, identifying violations where they exist and providing remedies.
“In a state governed by the rule of law, there is a diversity of interpretation, but not a ‘cacophony of interpretation’.”
President Arslan pointed out that the interpretation of the Constitution by courts at all levels naturally leads to differences in interpretation. Stressing that diversity of interpretation is a form of richness, he said: “Diversity of interpretation should not undermine the need to apply constitutional provisions equally to all. In other words, in a state governed by the rule of law, there is a diversity of interpretation, but not a ‘cacophony of interpretation’. Certainly, the Constitutional Court has a responsibility to monitor this and to ensure uniformity in the interpretation and application of constitutional provisions.” President Arslan emphasised the vital importance of recognising the erga omnes effect of individual applications in order to achieve consistency in the interpretation and application of the Constitution. He also underlined that the main purpose of individual applications is to prevent new violations.
“It is essential to recognise the erga omnes effect of individual applications.”
President Arslan added that in order to be effective in terms of erga omnes effect, the legislative, executive, judicial and administrative branches must take into account the assessments in the decisions and judgments of the Constitutional Court, as well as the fundamental principles and procedures that have been established, and act in a way that does not lead to new violations. He continued: “In fact, a failure to consider the erga omnes effect of individual applications would result in all similar complaints of violations on the same subject being brought before the Constitutional Court. This would undoubtedly have a negative impact on the function of individual applications based on the principle of subsidiarity in the protection of fundamental rights.” President Arslan noted that in cases where the violation arises from structural problems independent of the subjective condition of the applicant, there is a more pronounced duty to prevent possible new violations by those exercising public power, especially the judiciary.
President Arslan expressed that individual application was one of the greatest achievements of the century-old Republic and that “preserving and further developing this achievement is a collective responsibility that we must pass on to future generations of the Republic ‘with free mind, free conscience and free wisdom’. It is also our moral duty to honour those who sacrificed their blood and lives in the process leading to the establishment of the Republic”. He concluded his speech by celebrating the 100th anniversary of the Republic.
During the sessions on the first day of the regional meeting, presentations were made on the erga omnes effect of the judgments of the Constitutional Court and the inter partes effect of the judgments of violation in individual applications. The presentations were followed by roundtable meetings, which concluded the first day of the regional meeting.
On 31 October 2023, Vice-President of the Constitutional Court, Mr. Kadir Özkaya, Head of the Türkiye Unit from the Council of Europe, Ms. Könül Gasımova, and the Head of the İzmir Regional Administrative Court, Mr. Mustafa Gürsoy delivered the opening speeches at the meeting on “Violation Judgments on Individual Applications in Administrative Proceedings and Elimination of the Consequences of Violations”.
The presentations on the erga omnes and inter partes effects of violation judgments on individual applications in administrative proceedings were followed by roundtable meetings, which concluded the regional meeting.