Abstract:

The amendment of the Constitution aftermath the referendum held on 12 September 2010 the individual application adopted for our country. Paragraph 1 of the Article 148 of the Constitution held that everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities. The process and decisions, which cannot be subject of the individual application, counted in paragraph 3 of the Article 45 of the Law on the Establishment and Rules of the Procedures of the Constitutional Court that published in the Official Gazette No. 27894 dated 03/04/2011 and numbered 6216. Direct individual applications may not be petitioned against legislative proceedings, regulatory administrative proceedings, proceedings excluded from judicial review by the Constitution pursuant to Constitutional Court decisions will not subject to individual application. In this study, the proceedings and decisions which will not subject to individu al application that can be named as a retrenchment in the individual application stated paragraph 3 of the Article 45 of the Law No. 6216, their features and decisions made by the Constitutional Court at issue are discussed

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