President of the Constitutional Court, Mr. Kadir Özkaya, stated that constitutional safeguards acquire their real meaning not solely through judicial decisions, but also through their reflection in social life, judicial practices and the functioning of public authorities. He underlined: “The ultimate objective of constitutional justice is not merely to find violations, but more importantly, to foster constitutional awareness and a culture of implementation capable of preventing future violations.”

The Closing Ceremony of the Project on Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights, a joint initiative of the Constitutional Court of the Republic of Türkiye, the European Union, and the Council of Europe, was held in Adana alongside the eighth regional meeting organised within the scope of the Project.

Among those who attended the programme were President of the Constitutional Court Mr. Kadir Özkaya, President of the Court of Accounts Mr. Metin Yener, Vice-Presidents of the Constitutional Court Mr. Basri Bağcı and Mr. İrfan Fidan, Members of the Constitutional Court, President of the General Assembly of Civil Chambers of the Court of Cassation Mr. Adem Albayrak, Acting President of the Council of Judges and Prosecutors Mr. Fuzuli Aydoğdu, President of the Justice Academy of Türkiye Mr. Metin Yıldırım, President of the Human Rights and Equality Institution of Türkiye Mr. Vasip Şahin, Governor of Adana Mr. Mustafa Yavuz, Governor of Mersin Mr. Atilla Toros, the Head of the Governance Section of the European Union Delegation to Türkiye, the Head of the Council of Europe Programme Office in Ankara, as well as judges and prosecutors serving in Adana, Hatay, Mersin and Osmaniye.

In his opening remarks, President Özkaya stated that the regional meetings pursued two primary objectives. The first, he noted, was to promote effective cooperation between the Constitutional Court and other judicial institutions by strengthening judicial dialogue and collaboration. The second objective, he explained, was to ensure the effective implementation of the erga omnes and inter partes effects of violation judgments delivered in individual application proceedings. In this regard, President Özkaya indicated that the meetings aimed both to ensure the swift redress of the consequences of violations and to raise awareness regarding the categories of violations most frequently examined by the Court.

Drawing attention to the significance of the Project on Supporting the Effective Implementation of Constitutional Court Judgments in the Field of Fundamental Rights, President Özkaya remarked: “The true strength of the rule of law derives not merely from the existence of legal norms but from their effective implementation.” He reiterated that constitutional safeguards acquire their real meaning not solely through judicial decisions, but also through their reflection in social life, judicial practice and the functioning of public authorities. He added: “The ultimate objective of constitutional justice is not merely to find violations, but more importantly, to foster constitutional awareness and a culture of implementation capable of preventing future violations.”

A substantial body of case law across a broad spectrum of rights has been developed by the Turkish Constitutional Court

Emphasising that the individual application mechanism constitutes one of the most significant legal reforms in the history of Turkish law, President Özkaya noted that since 23 September 2012, a total of 739,417 individual applications have been lodged with the Constitutional Court, of which 637,274 have been concluded. He further stated that the number of pending applications was 102,143 and that the Court has so far delivered approximately 87,000 violation judgments, including those concerning the right to a trial within a reasonable time.

President Özkaya expressed that, through the individual application mechanism, the Turkish Constitutional Court has developed a substantial body of case-law covering a broad spectrum of rights, including but not limited to the right to life, the freedom of expression, the right to personal liberty and security, and the right to a fair trial. He stressed that these judgments have played a decisive role in raising human rights standards within the Turkish legal system.

Regional meetings serve as important platforms for reinforcing a shared constitutional culture and enhancing judicial dialogue

President Özkaya stated that the protection of fundamental rights is increasingly recognised as a shared responsibility of all levels of the judiciary, rather than the sole responsibility of the Constitutional Court. He noted that, thanks to the effective dialogue established in recent years among the high courts, regional courts of appeal, regional administrative courts and first-instance courts, awareness regarding the subsidiary nature of the individual application mechanism has been significantly reinforced. He emphasised that the individual application mechanism, which enables human rights disputes to be resolved within the domestic legal system before being brought before international judicial bodies, has yielded highly significant outcomes. He further noted: “The constructive dialogue established among the Constitutional Court, the high courts, first-instance courts, academia, and the defence contributes significantly to a better understanding of constitutional principles, the development of common standards, and the reinforcement of legal certainty. For this reason, the regional meetings we have organised are not only programmes facilitating the exchange of information, but they also constitute important platforms for reinforcing a shared constitutional culture and enhancing judicial dialogue.”

Drawing attention to the fact that constitutional justice has entered a new phase, President Özkaya stated: “Whereas the primary concern in the past was the identification of rights violations, what is more important today is ensuring that constitutional judgments produce effective consequences within the legal system.” He further emphasised that the challenge today is not merely to deliver judgments, but to ensure that they are effectively implemented by first-instance courts, embraced by public authorities, contribute to the prevention of future violations, and foster a legal culture founded upon rights and justice throughout society. In this regard, he stressed that constitutional rights can be genuinely safeguarded only when constitutional values permeate the legal order as a whole.

The Constitutional Court Decisions and Judgments Database has been renewed to offer a more accessible, practical and functional platform

President Özkaya also referred to the activities carried out within the scope of the Project, noting that comprehensive expert studies were prepared on the basis of European best practices and comparative analyses. He explained that these studies contributed to the development of a roadmap aimed at enhancing the effective implementation of the Constitutional Court’s judgments by first-instance courts. Recalling that the digital infrastructure was strengthened in order to monitor the implementation of judgments more effectively, President Özkaya pointed out that the Constitutional Court Decisions/Judgments Database was comprehensively renewed and made available to the public. He remarked: “A more practical and functional platform has been established, enabling access to all categories of decisions/judgments through a single system. By taking advantage of advancements in software and technology, the technical infrastructure has been modernised, search and filtering functions have been expanded, and faster and more effective access to decisions/judgments has been ensured.”

Concluding his remarks, President Özkaya emphasised that the essence of human rights lies in the protection of human dignity. He underlined that, at a time when wars, xenophobia, discrimination and hate speech continue to pose serious threats to human rights, upholding the values of democracy, the rule of law and human rights is of paramount importance. President Özkaya, stressing that the protection of fundamental rights and freedoms is not solely the responsibility of a single court but of society as a whole, also stated: “Justice is the most powerful value that sustains both individuals and societies as well as states.”

President of the General Assembly of Civil Chambers of the Court of Cassation, Mr. Adem Albayrak, who also delivered an address during the programme, stated that the individual application mechanism, introduced to ensure the protection of fundamental rights and freedoms and to enhance human rights standards, constitutes a modern and highly significant legal institution. He noted that highly beneficial and effective activities had been carried out within the scope of the Project relating to the individual application mechanism. Emphasising that individual application is one of the most significant legal reforms in the 103-year history of the Republic, Mr. Albayrak stated: “Thanks to the individual application mechanism, an effective legal remedy has been established whereby allegations of violations of constitutional rights and freedoms are first examined and resolved within the national legal order before being brought before international bodies, thereby ensuring the redress of such violations.” Referring to the relevant legislation on the binding nature of the Turkish Constitutional Court’s judgments, Mr. Albayrak stressed: “There is no doubt as to the binding nature of Constitutional Court judgments finding a violation.”

Acting President of the Council of Judges and Prosecutors, Mr. Fuzuli Aydoğdu, also pointed out the significance and practical value of the activities carried out within the scope of the Project and emphasised its core objective. Stressing that the protection of fundamental rights cannot be achieved merely through the drafting of robust legal norms, Mr. Aydoğdu underlined that it is of vital importance for these norms to be continuously and effectively implemented in judicial practice. Referring to the individual application mechanism as one of the most significant reforms in the Turkish legal system, he stated: “Far beyond being a means of identifying human rights violations, this mechanism has evolved into a well-established institutional experience that enables the Turkish legal system to make self-assessment, identify its shortcomings, and continuously improve.”

Expressing his pleasure at hosting the programme, Governor of Adana, Mr. Mustafa Yavuz, noted that the state places the individual and human dignity at its centre. In this regard, he emphasised the importance of safeguarding rights and freedoms, strengthening the rule of law, and ensuring the effective implementation of judicial decisions.

In his address, President of the Human Rights and Equality Institution of Türkiye, Mr. Vasip Şahin, remarked that one of the fundamental safeguards of a democratic state governed by the rule of law is the effective protection of individuals’ fundamental rights and freedoms. Highlighting that the introduction of the individual application mechanism has enabled the Constitutional Court to develop a substantial body of case-law concerning the protection of fundamental rights and freedoms, Mr. Şahin noted: “This body of case-law serves not only to redress rights violations but also to prevent similar violations and to foster a rights-based culture of implementation.”

Addressing the programme, President of the Justice Academy of Türkiye, Mr. Metin Yıldırım, stated that the individual application mechanism marked the beginning of a new and robust era in the protection of constitutional rights. He noted that the Constitutional Court has become one of the principal safeguards of the legal system in the protection of fundamental rights and freedoms, adding “The Constitutional Court’s judgments on fundamental rights have a profound impact not only on individual cases but also on the legal system and public practices as a whole. Their effective implementation is of great importance for ensuring individual justice as well as for reinforcing legal certainty and human rights standards.”

Chief Public Prosecutor of Adana, Mr. Altuğ Kürşat Şahin, stated that their primary objective is to prevent rights violations at the initial stage and emphasised that, to this end, they closely follow the Constitutional Court’s case-law.

Head of the Adana Judicial Commission, Mr. Ferhat Karakuş, also noted that they undertake meticulous efforts to ensure the implementation of the Constitutional Court’s violation judgments and highlighted the growing awareness in this regard.

President of the Adana Regional Court of Appeal, Mr. Mehmet Yüksek, stated that the individual application mechanism has made significant contributions to the Turkish legal system and stressed that the judgments delivered in individual applications should be closely followed by the judicial authorities.

Chief Public Prosecutor of the Adana Regional Court of Appeal, Mr. Bestami Tezcan, remarked on the significance of the Project, expressing his belief that the activities carried out within its framework would contribute to the stability of the constitutional order and produce successful outcomes.

Head of the Governance Section of the European Union Delegation to Türkiye, Mr. Jean Barbé, underlined the importance of the cooperation between Türkiye, as a Party to the European Convention on Human Rights and a candidate country for European Union membership, on the one hand, and the Council of Europe and the European Union, on the other. He noted that the joint activities carried out with the Constitutional Court contribute significantly to the protection of fundamental rights and the strengthening of the rule of law. He further described the individual application mechanism, introduced in 2012, as a major achievement.

Head of the Council of Europe Programme Office in Ankara, Mr. William Massolin, expressed his gratitude to the Constitutional Court of the Republic of Türkiye for its cooperation throughout the implementation of the Project. He stated that, since its introduction, the individual application mechanism, which has become one of the cornerstones of human rights protection in Türkiye, has substantially strengthened domestic legal remedies. Emphasising the ongoing nature of human rights protection, Mr. Massolin remarked: “The protection of human rights is never a completed task. It requires continuous effort, dialogue, reflection and commitment. The Council of Europe remains fully committed to supporting Türkiye and its institutions in these endeavours.”

Following the opening remarks, the programme continued with the academic session on “Erga Omnes and Inter Partes Effects of the Violation Judgments in Individual Application”. Moderated by Mr. Selahaddin Menteş, Member of the Constitutional Court, the session addressed the effects of the Constitutional Court’s judgments in civil and criminal proceedings, challenges encountered in practice, and matters relating to the execution of the Court’s judgments. The academic session was followed by round-table discussions attended by 73 judges and public prosecutors from the ordinary courts and 36 judges from the administrative courts, exercising jurisdiction ratione loci. During these discussions, participants exchanged views in the light of the Constitutional Court’s case-law concerning fundamental rights and freedoms.

Administrative judiciary is a living safeguard of the rule of law

On the second day of the programme, a meeting on “Violation Judgments in Individual Applications within the Administrative Judiciary and the Redress of the Consequences of Violations” was held.

In his opening address, President of the Constitutional Court, Mr. Kadir Özkaya, emphasised that the administrative judiciary constitutes the principal safeguard for maintaining the delicate balance between the individual and the exercise of public power. He stated: “The administrative judiciary is a sphere of justice that reminds the State of the limits of its powers while enabling individuals to seek the protection of their rights through legal means. In this regard, it is not merely a dispute resolution authority, but a living safeguard of the rule of law. This function of the administrative judiciary is of particular significance for the effective operation of the individual application mechanism, as a considerable number of the Constitutional Court’s violation judgments concern disputes arising from administrative acts and actions. Accordingly, it is of utmost importance that administrative courts observe the constitutional principles and standards set forth in the Constitutional Court’s judgments, not only to remedy violations in individual cases, but also to prevent the recurrence of similar rights violations.”

President of the Adana Regional Administrative Court, Mr. Mehmet Torun, stated that the individual application mechanism has become one of the most important legal remedies for the protection of fundamental rights and freedoms. He further remarked: “For the right to individual application to continue functioning as an effective remedy for the protection of fundamental rights and freedoms, it is essential, above all, that judgments finding a violation and ordering the redress of its consequences be duly executed.”

Following the opening remarks, the programme proceeded with an academic session focusing on the erga omnes and inter partes effects of the Constitutional Court’s violation judgments in the field of administrative justice. Moderated by Member of the Constitutional Court, Mr. Muhterem İnce, the session featured presentations on the impact of the Constitutional Court’s judgments on the case-law of the Council of State, their implications for administrative and tax cases, as well as the issues concerning the execution of the Court’s judgments and retrial procedures.

Following the academic sessions organised within the framework of the regional meeting, round-table discussions were held with the participation of 73 judges and public prosecutors from the ordinary courts and 36 judges from the administrative courts, exercising jurisdiction ratione loci. During these discussions, participants exchanged views in the light of the Constitutional Court’s landmark judgments concerning fundamental rights and freedoms.

Click for the full text of the remarks delivered by President Kadir Özkaya.