The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings

This paper pursues the purpose of giving insight to researchers and jurists, especially non-Turkish ones, about the progress of the individual application to the Turkish Constitutional Court. The individual application was introduced into the Turkish legal system by the 2010 constitutional amendment...

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Main Author: Sedat Erdem Aydın
Format: Article
Language:deu
Published: Istanbul University Press 2021-07-01
Series:Ceza Hukuku ve Kriminoloji Dergisi
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7F5DD67BB425461386A705BF9ABEF463
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author Sedat Erdem Aydın
author_facet Sedat Erdem Aydın
author_sort Sedat Erdem Aydın
collection DOAJ
description This paper pursues the purpose of giving insight to researchers and jurists, especially non-Turkish ones, about the progress of the individual application to the Turkish Constitutional Court. The individual application was introduced into the Turkish legal system by the 2010 constitutional amendments, and it started to function on 23 September 2012. Article 148 of the Constitution states that everyone may apply to the Turkish Constitutional Court on the grounds that one of the fundamental rights and freedoms under joint protection of the Constitution and the European Convention on Human Rights has been violated by public authorities, after having exhausted ordinary legal remedies. With the amendments, a new era started in the Turkish law system. First, the official statistics of individual applications published by the Turkish Constitutional Court will be analyzed. Later, Turkish Constitutional Court's individual application judgments about the right to a fair trial, which carries great importance due to having the largest number of judgments of violation given by the Turkish Constitutional Court, will be evaluated. Lastly, views about the impacts of the Turkish Constitutional Court's judgments about the violations of rights on the criminal procedure will be examined.
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publishDate 2021-07-01
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series Ceza Hukuku ve Kriminoloji Dergisi
spelling doaj-art-be53c928d41a42ccbd6be5e3ef5a58f52025-08-20T03:52:16ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112021-07-019125528510.26650/JPLC2021-906507123456The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal ProceedingsSedat Erdem Aydınhttps://orcid.org/0000-0001-8198-028XThis paper pursues the purpose of giving insight to researchers and jurists, especially non-Turkish ones, about the progress of the individual application to the Turkish Constitutional Court. The individual application was introduced into the Turkish legal system by the 2010 constitutional amendments, and it started to function on 23 September 2012. Article 148 of the Constitution states that everyone may apply to the Turkish Constitutional Court on the grounds that one of the fundamental rights and freedoms under joint protection of the Constitution and the European Convention on Human Rights has been violated by public authorities, after having exhausted ordinary legal remedies. With the amendments, a new era started in the Turkish law system. First, the official statistics of individual applications published by the Turkish Constitutional Court will be analyzed. Later, Turkish Constitutional Court's individual application judgments about the right to a fair trial, which carries great importance due to having the largest number of judgments of violation given by the Turkish Constitutional Court, will be evaluated. Lastly, views about the impacts of the Turkish Constitutional Court's judgments about the violations of rights on the criminal procedure will be examined.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7F5DD67BB425461386A705BF9ABEF463individual applicationturkish constitutional courtfair trialcriminal procedure
spellingShingle Sedat Erdem Aydın
The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings
Ceza Hukuku ve Kriminoloji Dergisi
individual application
turkish constitutional court
fair trial
criminal procedure
title The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings
title_full The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings
title_fullStr The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings
title_full_unstemmed The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings
title_short The Impacts of the Turkish Constitutional Court's Individual Application Judgments about the Right to Fair Trial on Criminal Proceedings
title_sort impacts of the turkish constitutional court s individual application judgments about the right to fair trial on criminal proceedings
topic individual application
turkish constitutional court
fair trial
criminal procedure
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7F5DD67BB425461386A705BF9ABEF463
work_keys_str_mv AT sedaterdemaydın theimpactsoftheturkishconstitutionalcourtsindividualapplicationjudgmentsabouttherighttofairtrialoncriminalproceedings
AT sedaterdemaydın impactsoftheturkishconstitutionalcourtsindividualapplicationjudgmentsabouttherighttofairtrialoncriminalproceedings