Paylaş | 23 September 2025

President of the Constitutional Court, Mr. Kadir Özkaya, announced that as of 1 October 2025, lawyers would be able to file an individual application with the Court through UYAP (National Judiciary Informatics System) Lawyer Portal. He accordingly noted: “This will both enhance accessibility, and enable the individual application process to be conducted in a swifter, more efficient, and more transparent manner.”

The Court hosted a symposium themed “The Impact of Non-Retroactivity of the Constitutional Court’s Annulment Decisions on the Individual Application Mechanism” on the occasion of the 13th anniversary of the individual application to the Constitutional Court. The symposium, attended by President of the Court of Cassation Mr. Ömer Kerkez, President of the Council of State Mr. Zeki Yiğit, Minister of Justice Mr. Yılmaz Tunç, Chief Public Prosecutor of the Court of Cassation Mr. Muhsin Şentürk, President of the Supreme Election Council Mr. Ahmet Yener, as well as members of the higher judiciary and esteemed academics, commenced with the opening remarks of President of the Constitutional Court Mr. Kadir Özkaya.

President Özkaya, marking 13 years of individual application mechanism being effectively implemented in practice, emphasised: “Among the most profound legal reforms in the country is the introduction of the remedy of individual application into the Turkish legal system.”

Defining the individual application as one of the highest safeguards in pursuit of fundamental rights and freedoms within the domestic law, President Özkaya stated: “Individual application has not only defended individuals against public power, but has also contributed to the reinforcement of the principles of the rule of law and democracy. The right to direct access to the Constitutional Court has transformed individuals from being mere beneficiaries of rights and freedoms into key actors in the preservation of constitutional order.”

He further noted that this mechanism afforded the opportunity to raise alleged violations of rights within the national judicial system without having recourse to international avenues and also highlighted that individual application not only offered faster and more effective protection for individuals, but also contributed to the stronger fulfilment of Türkiye’s international human rights obligations.

The individual application mechanism has rendered constitutional principles more tangible and functional

President Özkaya, noting that among the most significant impacts of the individual application mechanism on the legal system was the popularization of the Constitution, further stated: “The Constitution has become a living instrument to which not only the relevant institutions, organisations, their representatives, legal professionals, or academics have recourse, but also one that every individual alleging a right violation can directly access. This development has raised the public awareness of the right to access to legal remedies and enabled the Court to establish a more direct and closer relationship with society. Another significant achievement has been the constitutionalisation of law. The individual application mechanism has extended the application of the constitutional principles on fundamental rights and freedoms beyond constitutional adjudication to the various fields such as criminal, administrative, and private law, with an increased level of awareness. Courts have more clearly assumed the responsibility of interpreting legislative provisions in the light of the constitutional guarantees in the resolution of disputes before them.”

President Özkaya expressed that the Court received nearly 700,000 applications over the past 13 years through the individual application mechanism, whereby thousands of rights violations were redressed, and constitutional principles became more tangible and functional. He further stated that the Court adjudicated nearly 40,000 applications out of approximately 50,000 received in 2025.

He emphasized that the Court, like all other judicial bodies, was one of the key actors in individuals’ pursuit of justice, stating: “Individual application mechanism has both transformed the Turkish legal system and elevated the Court to a central role in safeguarding fundamental rights and freedoms, thereby making it an indispensable institution for proper administration of social justice. 

It is a significant mechanism introduced into the Turkish legal system to ensure a more effective and qualified administration of justice

During his speech, President Özkaya emphasised that a just legal order would foster trust among individuals and strengthen social solidarity and also added: “Indeed, justice is the very foundation upon which life is built. It is the essential pillar which sustains the State, enables individuals to live in safety, and fosters social welfare and development. Justice is both the very basis of the State and the conscience of society. It is evident that where justice is impaired, social peace, trust, and welfare are inevitably undermined. The avenue of individual application is an important mechanism introduced into the Turkish legal system in ensuring a more qualified and effective administration of justice. Since the day it was put into effect, this mechanism has become an integral part of the legal system, promoting the fair and effective administration of justice.”

Pointing out that the individual application mechanism led to a considerable body of jurisprudence in the field of human rights, President Özkaya underlined the Court’s crucial role in incorporating international principles and standards into Turkish law, in close collaboration with other higher courts.

He accordingly noted the adoption of the “Directive on the Procedures and Principles for Handling Cases concerning the Established Jurisprudence of the Higher Courts”, regulating the procedures and principles for consultation and cooperation among the higher courts.

This will enable the individual application process to be conducted in a swifter, more efficient, and more transparent manner

President Özkaya, highlighting the significant progress achieved not only in case-law and practice but also in strengthening institutional capacity over the last 13 years since the individual application mechanism was put into operation, made the following remarks regarding the new system that enabled lawyers to submit individual applications electronically: “The Court attaches particular importance to technological developments with a view to enhancing the effectiveness of the legal remedies afforded by it. Given the inevitable need for digitalisation in modern legal systems, the Court has been taking, and continues to take, notable steps in this direction. Accordingly, I am delighted to announce that, as of 1 October 2025, it has become possible to file individual applications electronically also through the UYAP Lawyer Portal. As of that date, lawyers will be able to submit their applications through the UYAP system. This will both enhance accessibility, and enable the individual application process to be conducted in a swifter, more efficient, and transparent manner.”

Touching upon the current global issues during his speech, President Özkaya noted: “Recent incidents around the world, most notably in Gaza, demonstrate that core principles such as human rights, the rule of law, international cooperation, adherence to rules, justice, morality, peace, freedom, and prosperity are undergoing rapid erosion. They are being increasingly replaced by the dominance of military and economic power, brute force, and, so to speak, tyranny. Atrocities must be promptly and courageously addressed with justice, without any discrimination based on race, religion, language, colour, or other grounds. This is an essential moral obligation that arises from being human.”

Concluding his remarks, President Özkaya expressed his sincere hopes for the end of all forms of mistreatment worldwide that trample upon human dignity, stating: “the shared future of humanity and lasting peace can only be achieved through upholding moral values and justice and ensuring their prevalence across the world.”

President Özkaya’s remarks were followed by academic sessions. The first session on “The Impact of Non-Retroactivity of the Constitutional Court’s Annulment Decisions on Administrative Jurisdiction Disputes” was chaired by Vice-President of the Court Mr. Basri Bağcı. It featured the presentations by Mr. Burakhan Melikoğlu, Member of the Council of State’s Board of Administrative Chambers; Mr. Ali Alpan, Member of the Third Chamber of the Council of State; Prof. Dr. Yasin Söyler, Lecturer at the Faculty of Law, Ankara Social Sciences University; and Prof. Dr. Neslihan Karataş Durmuş, Dean of the Faculty of Law, Ankara Yıldırım Beyazıt University. In his speech during the session, Vice President Basri Bağcı emphasised the importance of non-retroactivity of the Court’s annulment decisions in administrative law and jurisdiction and further remarked that this principle was addressed from different perspectives regarding its scope and limits, especially after the introduction of the individual application mechanism.

The second session on “The Impact of Non-Retroactivity of the Constitutional Court’s Annulment Decisions on Civil and Criminal Disputes” was chaired by Vice-President of the Court Mr. Hasan Tahsin Gökcan. During that session, presentations were delivered by Mr. Ahmet Ömeroğlu, Head of the General Criminal Assembly of the Court of Cassation; Dr. Hamit Yelken, Member of the 7th Civil Chamber of the Court of Cassation; Prof. Dr. Hamide Zafer, Lecturer at the Faculty of Law, Doğuş University; and Prof. Dr. İbrahim Özbay, Lecturer at the Faculty of Law, Tokat Gaziosmanpaşa University. Opening the session, Vice-President Mr. Hasan Tahsin Gökcan recalled that the primary aim of both abstract and concrete constitutionality review was to remove unconstitutional provisions from the legal system. He further discussed the impact of non-retroactivity of the Court’s annulment decisions on legal disputes.

President of the Court of Jurisdictional Disputes and Member of the Constitutional Court Mr. Rıdvan Güleç delivered the closing remarks of the Symposium. He stated that the individual application mechanism became one of the most significant milestones not only for the Court but also for the entire legal system over the past 13 years, emphasising that it played a vital role in safeguarding rights and freedoms and strengthening the rule of law. He further noted that the individual application mechanism contributed not only to individuals’ pursuit of justice, but also to the development of a rights- and justice-oriented approach in judicial decision-making processes. He stated that the symposium had provided a highly productive platform for in-depth discussions and expressed his appreciation to all those involved.