Özet:

The Constitutional Court shall examine individual requests for measures taken during the periods in which extraordinary administrative procedures are applied, taking into account the provisions of Article 15 of the Constitution. The court is seeking the existence of two conditions for the application of Article 15. The first condition is that one of the reasons requires the declaration of the state of emergency and that it is declared by the competent authorities. The second condition is that the precaution is linked to an emergency. The Constitutional Court is examining two matters in relation to individual applications within the framework of Article 15 of the Constitution. The first question that the court will consider is whether the measures taken are contrary to the guarantees provided for in the Constitution. The other is whether the anti-garantial measure is legitimate in an extraordinary period. The Constitutional Court controls the legitimacy of the measures against the guarantees, its interest in the fundamental rights in the Constitution, its conformity to the obligations arising from international law and its measurability. The Constitutional Court, in a 2016 decision (2016/22169) established a significant discretion by determining the general principles of the audit to be carried out in this regard. In this study, the Constitutional Court’s decisions on the subject were examined and the principles and control criteria established by the court were tried to be revealed.

Anahtar Kelimeler: