Symposium Marking the 13th Anniversary of the Individual Application to the Constitutional Court

Ankara
23 September 2025

Honourable President of the Court of Cassation,

Honourable President of the Council of State,

Honourable Minister of Justice,

Honourable President of the Court of Jurisdictional Disputes,

Honourable Chief Public Prosecutor of the Court of Cassation,

Honourable Vice-Presidents and Members of the Constitutional Court,

Honourable President of the Supreme Election Board,

Esteemed Representatives of the Supreme Courts,

Distinguished Participants and Guests,

It is my distinct honour and pleasure to welcome you all to this distinguished event, held on the occasion of the 13^th anniversary of the implementation of the individual application mechanism, which grants individuals direct access to the Constitutional Court. I greet you all with my warmest regards and utmost respect.

Let me begin my remarks with a saying that, in my view, conveys an undeniable truth:

If a man wants to live long, he must be just. This also applies to States. Being just prolongs life.

Esteemed participants,

As you are all well aware, one of the most significant reforms in the legal system of Türkiye, a member and an integral part of the Council of Europe, is the introduction of the individual application mechanism, as already presented in the short introductory film. This avenue has been integrated into the Turkish legal system following a long historical process.

In this context, let me remind you that Türkiye became a party to the European Convention on Human Rights (Convention), which encompasses the rights and freedoms covered by the individual application mechanism, in 1954. It acknowledged the right to individual application to the European Court of Human Rights (ECHR) in 1987, and recognised the binding nature of the ECHR’s decisions in 1990. Following these developments, Türkiye adopted a constitutional amendment in 2004, recognising the supremacy of the international treaties on fundamental rights and freedoms, to which it is a party, notably the Convention.

The 2010 constitutional amendment paved the way for the individual application to the Constitutional Court, which was put into effect on 23 September 2012. Since then, individuals have been able to raise their alleged violations of rights, caused by the acts of those yielding public power, through constitutional judicial review.

Accordingly, as of that date, everyone has been entitled to file an individual application with the Court, alleging that one of their fundamental rights and freedoms, safeguarded by the Turkish Constitution and also enshrined in the European Convention on Human Rights, was violated by an act of a public authority.

Individual application is one of the highest safeguards in pursuit of fundamental rights and freedoms within the domestic law. This mechanism has not only defended individuals against public power, but has also contributed to the reinforcement of the principles of the rule of law and democracy. The right to direct access to the Constitutional Court has transformed individuals from being mere beneficiaries of rights and freedoms into key actors in the preservation of constitutional order.

It should also be underlined that the individual application mechanism is a domestic remedy functioning in parallel with the protection system of the Convention. It has provided citizens with the opportunity to raise alleged violations of rights within the national judicial system without having recourse to international avenues.

In this sense, individual application not only offers faster and more effective protection for individuals, but also contributes to the stronger fulfilment of Türkiye’s international human rights obligations.

In adjudicating individual applications, the Court not only contributes to the resolution of specific cases, but also establishes principles for the interpretation of constitutional rights and reinforcement of the rule of law. From this perspective, individual application constitutes a dynamic and transformative mechanism that renders the Constitution a living instrument.

We are delighted to observe the progress and achievements attained over the past 13 years through the individual application mechanism. However, we remain committed to enhancing the efficiency and accessibility of this mechanism, and to further reinforcing its justice-based approach in the period ahead. 

As briefly touched upon in the introductory film, among the most significant impacts of the individual application mechanism on the legal system is the popularisation of the Constitution. The Constitution has become a living instrument to which not only the relevant institutions, organisations, their representatives, legal professionals, or academics have recourse, but also one that every individual alleging a right violation can directly access. This development has raised the public awareness of the right to access to legal remedies and enabled the Court to establish a more direct and closer relationship with society.

Another significant achievement is the constitutionalisation of law. The individual application mechanism has extended the application of the constitutional principles on fundamental rights and freedoms beyond constitutional adjudication to the various fields such as criminal, administrative, and private law, with an increased level of awareness. The inferior courts have more clearly assumed the responsibility of interpreting legislative provisions in the light of the constitutional guarantees in the resolution of disputes before them. Thus, the Constitution has gone beyond being merely a normative text and has become a principal source of reference that directs and guides all aspects of judicial practice.

Another achievement is its contribution to ensuring consistency in constitutional interpretation and strengthening legal certainty. In handling the disputes before it, the Court addresses interpretative divergences among judicial bodies concerning constitutional rights and undertakes the role of establishing a coherent and consistent body of jurisprudence. In doing so, it ensures increased foreseeability for individuals and a well-established consistency and stability within the legal order.

On the other hand, the principle of interpretation in favour of universal fundamental rights and freedoms, which is inherent in the nature of individual application, has, over time, been reflected in the Court’s constitutionality review as well. The constitutional provisions, interpreted in the context of concrete complaints through individual applications, have increasingly been addressed from the same perspective in constitutionality review, which seeks to promote a harmonious and consistent application of constitutional principles in both contexts. 

This process has helped reinforce the principle of the supremacy of the Constitution by addressing concrete disputes. The Court has so far received nearly 700,000 applications through the individual application mechanism, whereby thousands of rights violations were redressed, and constitutional principles became more tangible and functional.

In this sense, it can be said that the Court has been successfully implementing the individual application system, which was introduced pursuant to the authority granted by the Turkish Nation in 2010. In 2024, the Court received 70,000 individual applications, of which around 67,000 were concluded. In the same year, the Court rendered 5,551 judgments finding a violation.

Along with individual applications, the Court adjudicated 233 cases out of 236 in abstract and concrete constitutionality review in 2024.

It can be noted that similar statistical trends have continued in 2025 as well. As of today, the Court has adjudicated nearly 40,000 applications out of approximately 50,000 received in 2025.

As is seen, the individual application mechanism has both transformed the Turkish legal system and elevated the Court to a central role in safeguarding fundamental rights and freedoms, thereby making it an indispensable institution for proper administration of social justice. Therefore, the Court, like all other judicial bodies, has become one of the key actors in individuals’ pursuit of justice.

Distinguished guests,

Justice is the act of doing what is right, placing everything in its proper place, and giving each person what they are rightfully entitled to. It is the spiritual pillar of human being and the cornerstone of social order. Throughout the history of humanity, justice has been recognised as a sacred ideal in both divine teachings and man-made legal systems.

Where justice is lacking, there can be neither a lasting state nor a peaceful society. That is because the welfare, safety, and internal peace of a society can only be ensured through justice. A just legal order fosters trust among individuals and fortifies social solidarity, and provides a strong basis for the legitimacy of the state. Indeed, justice is the very foundation upon which life is built. It is the essential pillar which sustains the State, enables individuals to live in safety, and fosters social welfare and development. Justice is both the very basis of the State and the conscience of society. It is evident that where justice is impaired, social peace, trust, and welfare are inevitably undermined.

The avenue of individual application is an important mechanism introduced into the Turkish legal system in ensuring a more qualified and effective administration of justice. Since the day it was put into effect, this mechanism has become an integral part of the legal system, promoting the fair and effective administration of justice. As an effective safeguard among legal remedies, the individual application mechanism allows justice to transcend being a mere abstract ideal and become a concrete reality for each person, offering a direct means of engagement with individuals’ lives.

Over the past period, the Court rendered a considerable number of landmark decisions in the area of human rights law through individual application. This process involves the active contribution of multiple interrelated structures exercising mutual oversight that have been established within its institutional framework. During the preliminary examination and decision-making stages, the Court conducts an in-depth analysis of respective universal approaches, the principles and standards laid down in the ECHR’s judgments, comparable rulings -where available- by other constitutional courts, and the jurisprudence and consolidated expertise of Türkiye’s supreme judicial authorities. These findings, together with the opinions and assessments of the rapporteur-judges, are ultimately subject to a meticulous deliberation process in the light of the Court’s accumulated institutional knowledge and the profound experience of its distinguished members.

I can state with satisfaction that the individual application mechanism has shown a successful and consistent progress in the Court’s jurisprudence, both in quantitative and qualitative terms. The Court has assumed significant responsibility in incorporating the universal principles and standards into Turkish law. Besides, the individual application to the Turkish Constitutional Court has been recognised as an effective domestic remedy by the ECHR. In this context, the objective of reducing the number of applications lodged with the European Court of Human Rights and the violation judgments rendered against our country has been achieved

The Court continues to serve as a guarantor of fundamental rights and freedoms, fulfilling its constitutional duties and powers as a high judicial body that engages with both society and the legal system. I would also like to emphasise that in carrying out its duties conferred upon by the Constitution, the Court maintains full communication and cooperation with the other higher judicial bodies, the Court of Cassation and the Council of State, for ensuring a common understating of the fundamental principles of judicial jurisprudence.

An outstanding example of this collaboration is the Workshop on Consequential Damage, which was held on 8 April 2025 as part of the Project on Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the field of Fundamental Rights, with the valuable contributions of esteemed members of the Court of Cassation and distinguished academicians. I would also like to note that similar collaborative efforts have been undertaken with the relevant chambers of the Council of State. On this occasion, I sincerely thank our high courts, their distinguished Presidents, the heads and members of the boards and chambers.

Accordingly, I would like to note the adoption of the “Directive on the Procedures and Principles for Handling Cases concerning the Established Jurisprudence of the Higher Courts”, regulating the procedures and principles for consultation and cooperation between the Constitutional Court and the other higher courts. This directive aims to gain a clearer understanding of the legal issues and corresponding jurisprudence of the other higher courts, which are also regarding the matters that fall within the jurisdiction of the Constitutional Court, as well as of the current state and the reasoning of that jurisprudence, thereby enabling the Court to ground its judgments on a more robust and well-informed basis.

In this context, I would like to point out that the Court has held numerous symposia and events as part of the European Union and Council of Europe Joint Project on Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the field of Fundamental Rights. I would like to express my heartfelt appreciation to the Ankara Offices of the Council of Europe and the European Union, and their dedicated staff, for their valuable support in this project, especially to Mr. William Massolin, the esteemed Head of Office of the Council of Europe in Ankara.

Distinguished participants,

Significant progress has been made not only in case-law and practice but also in strengthening institutional capacity over the last 13 years since the individual application mechanism was put into operation. The Court attaches particular importance to technological developments with a view to enhancing the effectiveness of the legal remedies afforded by it. Given the inevitable need for digitalisation in modern legal systems, the Court has been taking, and continues to take, notable steps in this direction. Accordingly, I am delighted to announce that, as of 1 October 2025, it has become possible to file individual applications electronically also through UYAP (National Judiciary Informatics System) Lawyer Portal. As of that date, lawyers will be able to submit their applications through the UYAP system. This will both enhance accessibility, and enable the individual application process to be conducted in a swifter, more efficient, and transparent manner. We sincerely believe that this innovation will reinforce the social role of the individual application mechanism and held align legal remedies with technological advancements of modern era. 

This significant advancement has been made possible through the dedicated efforts of the Court officials, combined with the valuable contributions of the General Directorate of Information Technologies and other relevant departments of the Ministry of Justice, under the leadership of our Minister of Justice. At this very point, let me once again emphasise the crucial role of the interinstitutional cooperation and coordination in making the Turkish legal system more effective and accessible. The UYAP Lawyer Portal will also lay the foundation for the use of artificial intelligence in the Court’s processes. In this regard, I would like to extend my heartfelt gratitude, first and foremost, to our Minister of Justice, and to all individuals and institutions who have contributed to the realisation of this digital transformation process. I would like to sincerely thank each and every one of you.

Esteemed participants,

Over the years, the symposiums we have convened to mark the anniversaries of individual application have evolved into an institutional tradition and now stand as important scholarly events contributing to the advancement of legal sphere in the country. These forums have provided an academic setting for the discussion of both theoretical frameworks and practical implementations of individual application, as well as for proposing solutions to emerging legal challenges. This year, in the same spirit, a highly relevant topic has been chosen as the main theme of our symposium and opened up for discussion.

This year’s symposium addresses a topic closely linked to individual application and of considerable importance to our legal system: “The Impact of Non-Retroactivity of the Constitutional Court’s Annulment Decisions on the Individual Application Mechanism”.

As is well known, annulment decisions of the Constitutional Court, do not generally have retroactive effect and produce consequences only prospectively, as laid down in Article 153 of the Constitution. This approach is based on the principle of legal certainty, which is one of the fundamental principles of the Turkish legal system. Relying on the applicable legal provisions, individuals regulate their conduct within a foreseeable legal environment. Another reason for the non-retroactivity of annulment decisions is the protection of acquired rights. The invalidation of legal acts performed under a long-standing provision of law may undermine confidence in the legal order. Furthermore, the preservation of this principle concerning past actions is crucial to maintaining both the institutional continuity of the state and social stability.

Nevertheless, there are serious legal concerns that the rigid application of this principle may lead to significant grievances for individuals. Although it seeks to uphold legal certainty and protect acquired rights, the principle is said to fall short in fulfilling individuals’ sense of justice. Achieving a balance between the predictability of the law and the requirements of justice represents one of the essential functions of constitutional justice, particularly within the framework of individual application.

At this juncture, the remedial nature of the individual application mechanism becomes particularly significant. The Court, through individual applications, engages with the issue of how injustices caused by the non-retroactivity of annulment decisions can be addressed. By identifying violations and ordering retrials, the Court aims to eliminate the violations to the greatest extent possible. In doing so, it seeks to balance the principles of legal certainty and stability with the need to ensure good administration of justice in concrete cases. In other words, through the individual application mechanism, the Court endeavours to mitigate the negative impact of the non-retroactivity rule on individuals and thus contribute to the realisation of constitutional justice.

However, the question of how the “non-retroactivity nature of annulment decisions of the Constitutional Court” should be interpreted continues to pose a significant legal challenge, particularly in addressing the issues that arise in this context. It was precisely for this reason that we designated this topic as the theme of this year’s symposium.

I sincerely believe that this symposium presents a meaningful opportunity to reflect on the progress of the individual application mechanism, to better understand the challenges we face, and to explore solutions for the future.

Esteemed participants,

As highlighted in my address titled “Rethinking Human Rights Adjudication in a Changing World”, delivered at the J20 Summit themed “Justice in a time of change: Independence, Innovation and Co-operation”, approaching the end of first quarter of the 21^st century, we unfortunately observe that the catastrophes of World War II and its aftermath seem to have been forgotten, as if they never occurred, and that strong challenges are emerging against human rights, the rule of law, and especially judicial independence.

In fact, the incidents and experiences of that period are important lessons that must be remembered and passed down through generations. As today’s generation, we have a responsibility to build the future with these lessons of the past in mind. Therefore, we must reflect on the past and learn from it in order to cultivate a lasting culture of coexistence. We must continue our pursuit of hope and goodness for humanity, and ensure that values such as solidarity, love, and trust remain strong and intact. This is of paramount importance for the shared future of humanity.

Recent incidents around the world, most notably in Gaza, demonstrate that core principles such as human rights, the rule of law, international cooperation, adherence to rules, justice, morality, peace, freedom, and prosperity are undergoing rapid erosion. They are being increasingly replaced by the dominance of military and economic power, brute force, and, so to speak, tyranny. On the one hand, wars and mass violence, and on the other, economic turmoil and migration driven by unequal wealth distribution and other causes, as well as the responses to these challenges are putting international peace and stability at greater risk every day.

The daily bombing of civilians, including children and the elderly, in hospitals, tents, and places of worship, as well as their burning alive, the deliberate targeting of doctors, journalists, and aid workers, and the blocking of humanitarian aid, leaving people to starve, have started to be seen as ordinary. The situation of children dying at a weight lower than their birth weight due to starvation could attract the attention of very few people.

Esteemed guests,

As stated by the Secretary-General of the United Nations in his message for the 2024 International Day of Democracy, fundamental rights and freedoms are currently under serious threat across the globe. Freedoms are being eroded, the civic space is diminishing, polarisation is deepening, and mistrust is on the rise. There is growing concern about the future of democracy, peace, and stability.

All around the world, right before our eyes; wars, injustices, oppression, and inequalities driven by social viruses such as arrogance rooted in power and wealth, intolerance toward different religious beliefs, xenophobia, racism, and discrimination continue to inflict deep wounds upon the collective conscience. In this climate, the desire for peace, moral values, and justice is growing stronger.

Deep inequalities on a global scale, severe economic crises, unfair distribution systems, and violations of international law stand as the structural roots of many problems ranging from the migration crisis to environmental disasters. Unfortunately, we observe that the international community often addresses these challenges with temporary solutions, and too frequently, appears to turn a blind eye and a silent conscience to them.

This situation strikes a serious blow to international peace and order, as well as to fundamental principles and norms. The destructive effects of such disorder and extremism will not be confined to certain regions; they will also affect the future of both international relations and the societies of every country. It will even spread a corruption that impacts future generations. Therefore, humanity must respond with a united conscience, taking action together. Eyes and consciences must not be closed to the oppression displayed around the world, to violations of human rights and freedoms, or to the inhumane treatment of victims, especially children and women. Such acts must be confronted promptly, bravely, and fairly, without any discrimination based on race, religion, language, or colour. This is a vital moral responsibility and an essential consequence of being human.

Therefore, all societies must strive, even under difficult circumstances, to strengthen cooperation, build trust, and pursue a more inclusive and just world so as to safeguard both current and future generations.

Humanity has come to understand, through bitter experience, the grave consequences of systemic injustice within the international order, intolerance, the arrogance stemming from power and wealth, power blindness, as well as of the refusal to coexist peacefully with the other. The past must not be forgotten. The repeated reproduction of division between “us” and “the other” should be avoided. In conclusion, humanity must seek to live in peace with the other and build a world order that makes this possible.

In this context, we should bear in mind that true and lasting peace can only be achieved in a world governed by morality and justice. The shared future of humanity and the prospect of enduring peace depend on a renewed commitment to moral values and upholding justice across the globe.

Esteemed participants,

Concluding my remarks, on behalf of myself and the Members of the Constitutional Court of the Republic of Türkiye, I respectfully greet you all once again with the hope that all acts undermining human dignity in our world will come to an end. I would like to extend my sincere thanks to our distinguished guests for their participation in this meaningful event, to all the dedicated scholars, esteemed members of the judiciary, and my respected colleagues who have contributed to its success. I wish for this symposium to inspire fruitful discussions, and I hope you all enjoy long, healthy, and peaceful lives with your loved ones.

Thank you for your attention.