Admissibility review
Advance review of the time limit, exhaustion of remedies, and jurisdiction ratione personae and ratione materiae.
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Practice Area · 14
Constitutional Court and ECtHR Applications
Preparation and conduct of individual applications to the Constitutional Court and applications to the European Court of Human Rights.
Last updated: · UTU Hukuk & Danışmanlık
An individual application is not a further appeal. The Constitutional Court does not review the merits of the decision but whether a fundamental right or freedom has been violated. Applications that fail to observe this distinction are usually found inadmissible.
UTU Hukuk & Danışmanlık handles the assessment of whether remedies have been exhausted, the identification of the constitutional right on which the alleged violation is to be based, and the preparation of the application form supported by case law.
For ECtHR applications, the application is made within four months of the exhaustion of domestic remedies, using the Court's official form and in accordance with its rules of procedure.
Scope
Which Constitutional Court and ECtHR Applications matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Constitutional Court and ECtHR Applications on the following matters: Admissibility review, Individual application form, Right to a fair trial, Right to property, Liberty and security of person and ECtHR application. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Individual application form
Framing the alleged violation on the basis of a constitutional right, supported by the case law of the Constitutional Court.
Right to a fair trial
Complaints concerning trial within a reasonable time, the right to a reasoned decision, equality of arms and access to evidence.
Right to property
De facto expropriation without process, restriction of property by administrative acts, and proportionality review.
Liberty and security of person
Complaints that detention has exceeded a reasonable time and that the grounds for detention are inadequate.
ECtHR application
Preparation of the application form, response to the Government's observations, friendly settlement and unilateral declaration stages.
Authorities
Which authorities hear Constitutional Court and ECtHR Applications cases?
Depending on their nature, Constitutional Court and ECtHR Applications cases are handled before Constitutional Court, European Court of Human Rights, Regional Court of Appeal, Court of Cassation and Council of State. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Constitutional Court
- European Court of Human Rights
- Regional Court of Appeal
- Court of Cassation
- Council of State
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Constitutional Court and ECtHR Applications — frequently asked questions
Thirty days from service of the final decision. This is a preclusive period and cannot be extended except on justified grounds.
No. The ordinary legal remedies must first have been exhausted, and the complaint must concern a right falling within the joint protection of the Constitution and the European Convention on Human Rights.
As a rule it does not. However, where there is a serious risk in terms of the right to life or the prohibition of ill-treatment, an interim measure may be requested.
Yes. The individual application is regarded as an effective domestic remedy that must be exhausted for the purposes of the ECtHR.
The Constitutional Court may order a retrial, compensation or another form of redress in order to remove the violation and its consequences.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
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Let us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.