Özet:

If the Constitutional Court finds a violation of fundamental rights that is protected under the Constitution and the European Convention on Human Rights is stemmed from a structural problem and it determines that this problem will lead to similiar applications can initiate a pilot judgment procedure. In this sense, the Constitutional Court has initiated first pilot judgment implementation. The structural problem leading to the implementation of pilot judgment that has no effective remedy for certain foreigners who have been deported. In this respect it has concluded that the Constitution has violated Article 40. The violation is not arised from an application or misinterpretation of the law rather from the provision of the law itself. Within the scope of the study, the application of Y.T., which is based on the pilot judgment application of the Constitutional Court will be examined and will be tried to provide an opinion on possible consequences.

Anahtar Kelimeler: