The 30-Day Time Limit for Individual Applications to the Constitutional Court
1 min read İsmail Boybey
An individual application to the Constitutional Court is an extraordinary remedy for alleged violations by public authorities of fundamental rights that are guaranteed by the Constitution and also protected under the European Convention on Human Rights.
Ordinary remedies first
Before applying, all administrative and judicial remedies provided by law for the act, action or omission said to have caused the violation must be exhausted.
When does the time limit start?
Under Law No. 6216, the application must be lodged within thirty days of the exhaustion of remedies or, where no remedy is available, of learning of the violation. In practice, the date on which the final decision is served on or becomes known to the applicant is taken as the starting point.
Excusable delay
A person who could not apply in time for a valid excuse may apply within fifteen days of the excuse ceasing, submitting evidence of it. Whether the excuse is accepted is at the Court’s discretion.
Because the time limit is short and strict, it is sensible to begin preparing the application while ordinary remedies are still pending.
This article is for general information only and does not constitute legal advice. You should consult a lawyer about your specific situation.