COURSE UNIT TITLE

: INDIVIDUAL COMMUNICATION TO THE TURKISH SUPREME COURT

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
KMH 5100 INDIVIDUAL COMMUNICATION TO THE TURKISH SUPREME COURT ELECTIVE 3 0 0 6

Offered By

Public Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASSOCIATE PROFESSOR TIJEN DÜNDAR SEZER

Offered to

Public Law

Course Objective

With the constitutional amendments of 2010, to conclude the personal applications was
added as a new duty to the duty list of Constitutional Court. In accordance with
Constitution, personal application right is to applicate the Constitutional Court by
individuals whose a right in Constitution and European Convention on Human Rights is
viloted by public force. The main objective of this course is, to learn the the aim,
property of that institution which is new in our legal system, in which conditions it
is possible to applicate the Constitutional Court, the analysing phases of applcations
by Constitutional Court, conclusions of decision about the application which is given
by Constitutional Court and the covering of rights and freedoms which is about the
personal application.

Learning Outcomes of the Course Unit

1   To express the importance of prevention of fundamental rights and freedoms
2   To be capable of practicing the knowladge about the personal application to the Constitutional Court
3   To have the theorical knowladge about personal application to the Constitutional Court
4   To clarify the rights in our Constitution and Constitution and European Convention on Human Rights
5   To relate the Constitutional Court decisions to the decision of 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 The prevention of human rights, its importance and personal application
2 Institution of personal application, description, specialities and functions
3 Personal application in comparative law
4 Different practices about personal application
5 The dispute about personal application in the period of Constitution of 1961 and 1982
6 Duties of Constitutional Court in Constitution of 1982 and the right of personal application
7 Right of personal application in accordance with the Code 6216
8 Intermediate
9 The conditions of the personal application to the Constitutional Court (persons who can applicate, the processings entreating to the personal application, analysing about time)
10 The conditions of the personal application to the Constitutional Court ( time, rights, etc. )
11 The analysing of Constitutional Court about admissibility and basis
12 Court decisions about personal applications
13 The rights which can be used for the personal application to the Constitutional Court (The general evaluation of the rights in our Constitution and European Convention on Human Rights)
14 The rights which can be used for the personal application to the Constitutional Court (individual rights) and The rights which can be used for the personal application to the Constitutional Court (political and social rights)

Recomended or Required Reading

Main Literature: Ece Göztepe, Anayasa Şikayeti, AÜ, Hukuk Fakültesi Yay.
Secondary Literature: Bahadır Kılınç, Karşılaştırmalı Anayasa Yargısında Bireysel
Başvuru Kurumu ve Türkiye Açısından Uygulanabilirliği, Anayasa Yargısı (25) ,2008,
Öykü Didem Aydın, Türk Anayasa Yargısında Yeni bir Mekanizma: Anayasa Mahkemesine
Bireysel Başvuru, GÜHFD, C.15, 2011.

Planned Learning Activities and Teaching Methods

Theorical expression, to analyse the Constitutional Court's and European Court Of
Human Rights's decisions, homework and representation.

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)

To be announced.

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 3 39
Preparation for midterm exam 1 36 36
Preparation for final exam 1 40 40
Preparations before/after weekly lectures 13 3 39
Preparing presentations 1 2 2
Midterm 1 2 2
Final 1 2 2
TOTAL WORKLOAD (hours) 160

Contribution of Learning Outcomes to Programme Outcomes

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