COURSE UNIT TITLE

: INDIVIDUAL APPLICATION TO THE TURKISH CONSTITUTIONAL COURT

DEGREE PROGRAMMES

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
KMH 7050 INDIVIDUAL APPLICATION TO THE TURKISH CONSTITUTIONAL COURT ELECTIVE 3 0 0 5

Offered By

Public Law (Non-Thesis-Evening)

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASSOCIATE PROFESSOR TIJEN DÜNDAR SEZER

Offered to

Public Law (Non-Thesis-Evening)

Course Objective



With the 2010 constitutional amendments, the authority to make a decision for the individual applications was given to the Turkish Constitutional Court. Pursuant to 1982 Constitution, individual application gives a right for individuals to apply to the Constitutional Court when their rights are violated by public power. The relevant rights might be any of the rigts and freedoms in the Constitution within the scope of the European Court on Human Rights. The purpose of this course is to teach the aim and characteristics of the individual applications; the Constitutional Court's examination procedures due to the applicability and merits; the types of the Constitutional Courts decisions; the fulfillment of the decisions anr the scope of the rights and freedoms subject to the individual applications.

Learning Outcomes of the Course Unit

1   To be able to comprehend general information about the protection of fundamental rights and freedoms
2   To have theoretical background about individual application to the Constitutional Court
3   To be able to gain the ability using the theoritical information to make individual applications to the Constitutional Court
4   To be able to explain the rights and freedoms guaranteed under 1982 Constitution and the European Convention on Human rights
5   To be able to relate the decisions of the Constitutional Court regarding individual application with the decisions of the European Court of Human Rights.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Human rights ands fundamental rigts and their protection under national and international law
2 Individual application: definition, features and functions
3 Duties of the Constitutional Court and the right to individual application in the 1982 Constitution
4 Individual application under Law no: 6216
5 Individual application under Constitutional Court's Statue
6 Rights that can be subject to individual application to the Constitutional Court
7 Midterm exam
8 Authority of the Constitutional Court in terms of subject, person, time and place
9 Admissibility requirements for applications to the Constitutional Court
10 Decision of the Constitutional Court on the Merits
11 Assessment Criteria of the Constitutional Court on the Merits
12 The types of Constutitutional Court's decisions
13 Fulfillment of decisions of the Constitutional Court
14 Examination of Constitutional Court's Decisions

Recomended or Required Reading

Tolga Şirin, Anayasa Mahkemesi Kararları Işığında Bireysel Başvuru Hakkı, Istanbul- 2015
Osman Doğru, Anayasa Mahkemesine Bireysel Başvuru Rehberi, Istanbul- 2012
Korkut Kanadoğlu, Anayasa Mahkemesine Bireysel Başvuru, Istanbul- 2015
Sibel Inceoğlu, Anayasa Mahkemesine Bireysel Başvuru Türkiye ve Latin Modelleri, Istanbul- 2017
Sibel Inceoğlu, Insan Hakları Avrupa Sözleşmesi ve Anayasa, Anayasa Mahkemesine Bireysel Başvuru Kapsamında Bir Inceleme, Istanbul- 2013

Planned Learning Activities and Teaching Methods

Lecture, assignment presentations, review of court decisinons

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 STT TERM WORK (SEMESTER)
3 FIN FINAL EXAM
4 FCG FINAL COURSE GRADE MTE * 0.30 + STT * 0.30 + FIN* 0.40
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.30 + STT * 0.30 + RST* 0.40


Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

tijen.sezer@deu.edu.tr

Office Hours

Friday 11:00-12:00

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 3 39
Preparations before/after weekly lectures 13 2 26
Preparation for midterm exam 1 10 10
Preparation for final exam 1 32 32
Preparing presentations 1 23 23
Midterm 1 2 2
Final 1 2 2
TOTAL WORKLOAD (hours) 134

Contribution of Learning Outcomes to Programme Outcomes

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CONTACT INFORMATION
Dokuz Eylül Üniversitesi Cumhuriyet Bulvarı No: 144 35210 Alsancak / İZMİR
Phone: +90(232) 412 12 12 - Fax: +90 (232) 464 81 35

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