Abstract:

With the acceptance of the individual application to the Constitutional Court, individuals have the right to request the protection of their fundamental rights and freedoms without means from the Constitutional Court. The rights of individuals in the field of joint protection of the Constitution and the European Convention on Human Rights are subject to individual application. The majority of the applications made in our country are claiming that the right to fair trial was violated. However, our work specifically addresses the fact that the complaint agency in the executive bankruptcy law is subject to individual application in terms of the right to legal rest. The judgments made by the Court of Justice on the complaint are without any substantial effect. The examination of the complaint by addressing the individual application, in particular in the event of the possibility of re-judgment, is a specific situation in terms of judicial law. For the rule of law is possible to decide on the renewal of the rule as an extraordinary legal way only in terms of decisions that make a certain decision in the material sense, and the rule of law is also in this direction. Our study mainly focuses on the legal nature of the complaint, the parties, the possibility of individual application and the effects of the decisions made on the trial.