Özet:

The individual application has been introduced to the constitution as a new legal remedy for the protection of the fundamental rights by the constitutional amendment in 2010. Article 148 of the constitution has determined the scope of this remedy by a reference to the ECHR. The Law no.6216 has regulated this scope not only by referring to the ECHR, but also by including the additional protocols which Turkey is a party of. Faced with these two different regulations, the later considered unconstitutional by a majority of scholars, this article focuses on finding a legal solution for overcoming the problem. First of all, the possibility of providing a national interpretation to the international law references within the constitution will be discussed; and then, in the light of the decisions of Turkish Constitutional Court and the European Court of Human Rights, it will be shown that these fundamental rights and prohibitions which are regulated in the 4th and 7th Protocols are with the scope of the general protection provided by the constitution. With these findings, it shall be revealed that the regulation foreseen under Law no:6216 cannot constitute a basis for excluding the fundamentals rights covered by these protocols to from individual application procedure

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