Constitutional Lawyer in Istanbul, Turkey

What Is Constitutional Law in Turkey?

Turkish constitutional law deals with the fundamental rules governing the State and the relationship between public authorities and individuals.

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It covers questions such as:

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• What powers does a public authority have?

• Can the State interfere with a particular right?

• Is a restriction on a fundamental freedom lawful and proportionate?

• Does legislation comply with the Constitution?

• What remedies are available when a public authority violates a constitutional right?

• Can a person apply to the Turkish Constitutional Court?

• Has the applicant exhausted the available legal remedies?

• Which court or institution has jurisdiction?

• What happens when ordinary litigation raises a constitutional question?

 

The Turkish Constitution protects a wide range of rights and establishes the principles governing the legislative, executive and judicial branches.

Consequently, constitutional law can become relevant in situations that initially appear to be ordinary legal disputes.

 

For example, a dispute about an administrative fine may involve property rights or due process. An immigration decision may raise questions concerning private and family life. A criminal proceeding may involve the right to a fair trial. A regulatory decision affecting a company may raise questions concerning property or effective judicial protection.

 

The constitutional dimension often becomes visible only after the facts, legislation and procedural history have been examined together.

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The Turkish Constitutional Court

The Constitutional Court of the Republic of Türkiye (Anayasa Mahkemesi) is Turkey's principal constitutional court.

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Its responsibilities include constitutional review of laws, Presidential decrees and the Rules of Procedure of the Grand National Assembly, together with individual applications concerning certain fundamental rights and freedoms. The Court also has other constitutional responsibilities expressly assigned to it by law. (Official Constitutional Court information.)

 

The Court's jurisdiction should not, however, be confused with an ordinary appeal court.

 

A person who disagrees with a court judgment cannot automatically turn that disagreement into a constitutional case. An individual application has its own legal basis, admissibility requirements, procedural rules and deadlines.

 

That distinction is particularly important when deciding whether a constitutional application is actually appropriate.

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What Does a Constitutional Lawyer in Istanbul Do?

A constitutional lawyer does more than argue that a particular decision is "unconstitutional."

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The first task is usually to understand what happened.

 

That may involve reviewing:

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1. The decision or action of the public authority;

2. The legislation relied upon by that authority;

3. The relevant constitutional provisions;

4. The court and administrative proceedings;

5. Available remedies;

6. Previous judgments and Constitutional Court decisions;

7. Evidence supporting the alleged violation;

8. Procedural deadlines; and

9. The remedy that the client ultimately wants to obtain.

 

Sometimes the correct strategy is to challenge an administrative decision.

 

Sometimes the constitutional argument should be raised during ordinary litigation.

In another case, the appropriate route may eventually be an individual application to the Constitutional Court.

 

A good constitutional strategy therefore starts with the right question and the correct procedure, rather than immediately filing a constitutional petition.

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Fundamental Rights and Freedoms Under Turkish Constitutional Law

The Constitution protects numerous fundamental rights and freedoms.

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Depending on the circumstances, constitutional disputes may concern:

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• Right to life

• Personal liberty and security

• Freedom of expression

• Freedom of religion and conscience

• Privacy

• Protection of family life

• Freedom of communication

• Equality before the law

• Property rights

• Right to a fair trial

• Effective access to justice

• Freedom of association

• Freedom of assembly

• Political rights

• Protection against unlawful State interference

 

The precise scope of a particular right depends on the Constitution, legislation and relevant judicial interpretation.

 

The Constitutional Court's official individual-application information explains that individual application concerns fundamental rights and freedoms protected by the Constitution that fall within the scope of the European Convention on Human Rights and its additional protocols to which Türkiye is a party.

 

This makes careful legal classification important. Not every legal complaint is a constitutional complaint, and not every constitutional provision can be relied upon through an individual application.

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Individual Application to the Turkish Constitutional Court

One of the most significant developments in Turkish constitutional law has been the introduction of the individual application system.

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Individual applications have been implemented since 23 September 2012. Under the system, eligible applicants can allege that public power has violated a fundamental right or freedom protected within the applicable constitutional and Convention framework. (Constitutional Court – Individual Application.)

 

This remedy has given individuals an important domestic mechanism for seeking protection of fundamental rights.

 

But there are important conditions.

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Who Can Apply to the Constitutional Court?

As a general rule, individuals whose own rights have been directly and personally affected may apply, subject to the statutory requirements.

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The rules also cover certain private legal persons.

 

The Constitutional Court explains its position in its official Who May Apply? guidance, including the rules applicable to foreign nationals and private legal persons.

 

Foreign nationals can potentially make individual applications, but they cannot rely on rights that are reserved exclusively to Turkish citizens. The precise position depends on the right and the circumstances.

 

Private legal persons may also have standing in appropriate cases concerning rights belonging to the legal entity itself.

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Can a Company Apply to the Constitutional Court?

Yes, in appropriate circumstances.

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Turkish law permits private-law legal persons to lodge individual applications concerning rights belonging to the legal person itself. The Law on the Constitutional Court sets out the applicable framework.

 

This can be relevant to companies, associations, foundations and other private legal entities.

 

For example, a company may face a constitutional issue concerning property, legal remedies or another right belonging to the company.

 

The important point is that a company cannot simply transform an ordinary commercial disagreement into a constitutional application. The alleged violation must fall within the constitutional individual-application framework and satisfy the relevant admissibility conditions.

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Exhaustion of Legal Remedies

This is one of the most important principles in Turkish Constitutional Court applications.

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An individual application generally cannot be used to bypass an available administrative or judicial remedy.

 

Article 45 of the Law on the Constitutional Court requires the available administrative and judicial remedies concerning the alleged violation to have been exhausted before an individual application is lodged.

 

In practical terms, a lawyer needs to examine the entire procedural history.

For example, if a person has received an administrative decision and the law provides a judicial remedy against that decision, it may be necessary to pursue that remedy first.

 

This is why the Constitutional Court should often be considered as part of a larger litigation strategy, rather than as the first step.

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The 30-Day Deadline for Individual Applications

Time is especially important in constitutional litigation.

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Under Article 47 of the Law on the Constitutional Court, an individual application must generally be submitted within 30 days from exhaustion of legal remedies.

 

Where no legal remedy is available, the relevant period runs from the date on which the violation becomes known, subject to the statutory rules.

 

The Constitutional Court also explains the time-limit rules for individual applications.

 

A deadline should never be calculated casually.

 

The relevant date may depend upon the final decision, notification, available remedy and the particular procedural circumstances. Anyone considering an individual application should therefore obtain legal advice as soon as the final decision is received.

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Constitutional Review of Turkish Laws

The Constitutional Court also exercises constitutional review over certain legislation and other legal instruments.

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According to the Court's official Constitutionality Review information, constitutional review includes laws, Presidential decrees and the Rules of Procedure of the Grand National Assembly within the constitutional framework.

 

The Court distinguishes between two principal procedures:

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• Action for annulment, also known as abstract review; and

• Contention of unconstitutionality, also known as concrete review.

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These procedures are not interchangeable.

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Action for Annulment

An action for annulment is a form of abstract constitutional review.

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The Court examines the challenged legal provision independently of a particular individual's dispute, subject to the constitutional requirements governing the action.

Importantly, an individual cannot simply file an annulment action because a law negatively affects them.

 

The Constitution establishes who may bring such proceedings and sets procedural requirements.

 

The Constitutional Court's official explanation of constitutionality review provides further information concerning the distinction between abstract and concrete review.

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Concrete Review of Constitutionality

Concrete review is connected with an actual case pending before a court.

Where the constitutionality of a legal provision applicable to the pending dispute becomes an issue, the matter may reach the Constitutional Court through the procedure provided by Turkish law.

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The Constitutional Court describes this as concrete control of norms.

 

The important practical point is that an individual does not independently file a concrete-review application in the same way as an individual-rights application. The issue arises within the underlying court proceedings.

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Constitutional Law and Administrative Law

Constitutional law and administrative law frequently meet in real-life disputes.

A decision by a ministry, municipality, regulatory body or another public authority can affect a person's constitutional rights.

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Examples include disputes concerning:

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• Administrative fines

• Licenses and permits

• Public employment

• Professional restrictions

• Immigration decisions

• Deportation

• Property restrictions

• Expropriation

• Planning decisions

• Regulatory measures

• Public procurement

• Disciplinary sanctions

• Administrative detention

 

In such cases, it may be necessary to pursue an administrative-law remedy while also considering whether the facts ultimately give rise to a constitutional-rights issue.

 

Our Turkish administrative law practice can be relevant where constitutional and administrative issues overlap.

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Constitutional Rights and Administrative Decisions

Imagine that a public authority makes a decision that seriously affects your business, property or personal life.

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The first question is not necessarily, "Can I go to the Constitutional Court?"

 

The better questions may be:

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• Was the authority legally entitled to make the decision?

• Was the correct procedure followed?

• Was the decision properly reasoned?

• Is there an administrative appeal or judicial remedy?

• Has the decision caused a direct interference with a protected right?

• Was the interference proportionate?

• What remedy can realistically correct the problem?

 

Those questions can determine the entire litigation strategy.

 

This is why constitutional law often works alongside administrative litigation, litigation and dispute resolution and other areas of Turkish law.

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Constitutional Law and the Right to a Fair Trial

The right to a fair trial is one of the areas in which constitutional and human-rights law can have a particularly practical effect.

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Issues may arise concerning:

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• Access to a court

• Length of proceedings

• Reasoned judgments

• Impartiality

• Independence

• Equality of arms

• Right to be heard

• Examination of evidence

• Enforcement of judgments

• Effective judicial protection

 

The constitutional question is not simply whether a court made a decision with which the applicant disagrees.

 

The issue is whether the proceedings, considered as a whole, resulted in a violation of a protected fundamental right.

 

The Constitutional Court's individual-application system should therefore be considered within the broader framework of Turkish procedural law and applicable human-rights standards.

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Freedom of Expression and Constitutional Law

Freedom of expression can become a constitutional issue when State authorities impose restrictions on speech, publication, communication or other forms of expression.

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The facts matter greatly.

 

A constitutional assessment may consider:

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• What was said or published?

• Who made the statement?

• Where and how was it communicated?

• What restriction was imposed?

• Which public authority imposed it?

• What legal provision was relied upon?

• Was there a judicial decision?

• Was an effective remedy available?

• What effect did the restriction have?

 

The relevant analysis may involve Turkish constitutional provisions as well as the European Convention on Human Rights, where applicable.

 

For developments in European human-rights jurisprudence, the official HUDOC case-law database is an important primary source.

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Equality and Non-Discrimination

Equality before the law is another important constitutional principle.

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Questions of equality can arise in legislation, administrative decisions, public services, employment and other areas involving public authority.

 

However, not every difference in treatment automatically amounts to unconstitutional discrimination. The legal analysis depends on the nature of the distinction, the relevant legal framework and the circumstances in which the different treatment occurred.

 

In appropriate cases, constitutional analysis may also overlap with the work of the Human Rights and Equality Institution of Türkiye, which has responsibilities concerning human rights, equality and discrimination.

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Property Rights and Constitutional Protection

Property disputes can sometimes have a constitutional dimension.

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For example, a person or company may argue that a State measure has interfered with property in a manner protected by the Constitution and applicable human-rights law.

 

Potentially relevant matters include:

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• Expropriation

• Planning restrictions

• Administrative measures

• Regulatory intervention

• Confiscation

• Property-related taxation

• Restrictions on the use of property

• Delays in obtaining or enforcing legal remedies

 

The constitutional assessment must be based on the actual measure, its legal basis, its effects and the available remedies.

 

Where a property dispute also involves contractual, real-estate or administrative questions, our Turkish real estate law services and administrative law practice may also be relevant.

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Constitutional Protection of Private and Family Life

Constitutional rights concerning private and family life can become relevant in a variety of situations.

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These may include:

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• Immigration decisions

• Deportation proceedings

• Family-related State decisions

• Personal data

• Communications

• Privacy

• Reputation

• Personal information

• Surveillance-related issues

• Restrictions affecting family relationships

 

Such disputes can overlap with Turkish immigration law, family law, personal data protection law and other areas.

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Constitutional Rights of Foreigners in Turkey

Foreign nationals may encounter constitutional questions while living, working, investing or conducting business in Türkiye.

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Potential issues include:

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• Residence permits

• Deportation

• Administrative detention

• Family life

• Property

• Business activities

• Access to courts

• Fair-trial rights

• Freedom of expression

• Administrative decisions

• Restrictions imposed by public authorities

 

The constitutional position of a foreign national depends on the right involved and the relevant Turkish legislation.

 

The Constitutional Court specifically explains the position of foreigners in its official individual-application guidance.

 

Where constitutional questions arise from an immigration decision, it may also be necessary to consider Turkish immigration legislation and the remedies available before the administrative courts.

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Constitutional Law and Human Rights

Constitutional law and human-rights law are closely connected, but they are not identical.

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Turkey has been a party to the European Convention on Human Rights since 1954. The official European Court of Human Rights provides access to information concerning the Convention and the Court's work, while HUDOC provides access to the Court's case law.

 

Turkish constitutional litigation may therefore require consideration of:

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• Turkish constitutional provisions;

• Constitutional Court judgments;

• Turkish legislation;

• European Convention rights;

• European Court of Human Rights jurisprudence;

• Relevant procedural rules; and

• The specific facts of the client's case.

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The relationship between domestic constitutional protection and international human-rights standards can be particularly important in fundamental-rights litigation.

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The Ombudsman and Other Public Institutions

The Constitutional Court is not the only institution that may be relevant when a person has a complaint involving public administration.

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Depending on the circumstances, another possible avenue may be the Ombudsman Institution of Türkiye.

 

The official Ombudsman Institution website provides information concerning complaints relating to public administration and the institution's functions.

 

The Human Rights and Equality Institution of Türkiye may also be relevant in matters involving equality, discrimination and human-rights protection.

 

The correct institution depends on the facts. A lawyer should therefore assess the available remedies before recommending a particular course of action.

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Constitutional Petitions and Applications

A constitutional application needs to be more than a collection of legal arguments.

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It should present a coherent story.

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What happened?

Which public authority was responsible?

Which right was affected?

When did the interference occur?

What remedies were available?

Which remedies were actually used?

What was the final decision?

When was it received?

What evidence proves the alleged violation?

And what remedy is being requested?

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The official Constitutional Court requirements for individual applications specify the required form and submission routes.

 

The Court states that an individual application must be submitted using the prescribed application form or an appropriately formatted petition. The official guidance also explains that applications cannot simply be submitted by ordinary email, telegraph or electronic communication. (Constitutional Court.)

 

These details may appear technical, but procedural mistakes can have serious consequences.

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What Documents May Be Needed?

The documents required will depend on the case, but a constitutional application may involve:

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• Identity documents

• Power of attorney

• Administrative decisions

• Court judgments

• Appeal decisions

• Procedural petitions

• Evidence

• Expert reports

• Relevant correspondence

• Proof of notification

• Documents establishing procedural dates

• Evidence of financial or other damage

• Documents demonstrating exhaustion of remedies

 

The Law on the Constitutional Court specifies information and supporting documents required for individual applications.

 

A complete procedural file can make it substantially easier to identify the constitutional issue and calculate the applicable deadline accurately.

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Constitutional Litigation for Businesses

Constitutional law is not limited to individuals.

 

Businesses may face constitutional questions where State action has a serious impact on their legally protected interests.

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Potential examples include:

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• Regulatory restrictions

• Administrative penalties

• Licensing decisions

• Public procurement disputes

• Property interference

• Tax-related measures

• Restrictions on commercial activity

• Judicial-access issues

• Regulatory changes affecting existing rights

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A business may also need constitutional analysis as part of a broader commercial law, competition law, tax law or public procurement law matter.

The objective is not to add a constitutional argument simply for the sake of doing so. It is to identify whether constitutional protection can materially improve the legal strategy.

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Constitutional Law and Criminal Proceedings

Constitutional principles can also arise in criminal cases.

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Potential issues may concern:

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• Personal liberty

• Detention

• Fair trial

• Presumption of innocence

• Privacy

• Search and seizure

• Freedom of expression

• Effective legal remedies

 

The Constitutional Court's individual-application procedure may become relevant after the appropriate ordinary remedies have been exhausted.

 

Our Turkish criminal law practice can address the underlying criminal proceedings while constitutional issues are considered as part of the wider strategy.

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Constitutional Law and Immigration Matters

Immigration decisions can have significant consequences for individuals and families.

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A residence or deportation decision, for example, may affect:

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• Family life

• Private life

• Personal liberty

• Property

• Employment

• Access to judicial remedies

 

The appropriate response will depend upon the decision, the person's status and the remedies available under Turkish immigration and administrative law.

 

Our Turkish immigration lawyers can assess the underlying immigration matter while constitutional and human-rights issues are considered where appropriate.

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Constitutional Law and Personal Data

Modern constitutional disputes increasingly involve personal information and digital rights.

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Government collection, processing, retention or disclosure of personal information may raise questions concerning privacy and other protected interests.

 

Depending on the circumstances, the matter may also involve the Turkish data-protection framework and the Personal Data Protection Authority.

 

Constitutional questions may therefore sit alongside Turkish personal data protection law, technology law and administrative law.

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How We Assess a Constitutional Law Matter

Every constitutional case begins with the facts.

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Our legal assessment generally focuses on five practical questions.

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1. What happened?

We establish the factual and procedural chronology.

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2. Which public authority was involved?

Constitutional individual applications generally concern acts, actions or omissions attributable to public power.

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3. Which right may have been affected?

The alleged violation must be connected to a protected fundamental right or freedom falling within the relevant constitutional framework.

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4. What remedies are available?

We examine administrative and judicial remedies and determine whether they have been exhausted.

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5. What can realistically be achieved?

A legal remedy is useful only if it addresses the client's actual problem.

This approach helps prevent a common mistake in constitutional litigation: focusing heavily on an abstract constitutional argument while overlooking the procedural route needed to obtain a practical remedy.

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Why Experience Matters in Constitutional Litigation

Constitutional cases often sit at the intersection of several areas of law.

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A single matter may require knowledge of:

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• Constitutional law

• Administrative law

• Civil procedure

• Criminal procedure

• Human-rights law

• Immigration law

• Commercial law

• Evidence

• Court procedure

 

The legal argument must also be supported by the facts and presented through the correct procedural mechanism.

 

For that reason, constitutional litigation requires careful legal research, disciplined drafting and close attention to procedural details.

 

The Constitutional Court's published legislation, individual-application decisions, and constitutional review materials are valuable primary sources when assessing these issues.

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Frequently Asked Questions About Constitutional Law in Turkey

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What does a constitutional lawyer in Istanbul do?

A constitutional lawyer advises clients on constitutional rights, fundamental freedoms, public-authority decisions, constitutional litigation and applications to the Constitutional Court. Constitutional issues may also arise within administrative, criminal, immigration, commercial and other proceedings.

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Can an individual challenge a law before the Turkish Constitutional Court?

An individual cannot ordinarily bring a direct abstract annulment action simply because a law affects them. Turkish constitutional law provides specific procedures and standing requirements for constitutional review. An individual may, however, encounter constitutional review through an underlying court case or may potentially make an individual application concerning a qualifying fundamental-rights violation.

 

The Constitutional Court's constitutionality-review guidance explains the distinction between abstract and concrete review.

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Can I apply directly to the Constitutional Court?

Eligible applicants can make an individual application where the statutory requirements are satisfied. However, available administrative and judicial remedies generally must first be exhausted.

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How long do I have to file a Constitutional Court individual application?

The general period is 30 days from exhaustion of legal remedies, subject to the rules governing the particular case. The Law on the Constitutional Court and the Court's official guidance on time limits should be consulted when calculating the deadline.

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Can foreigners apply to the Turkish Constitutional Court?

Yes, foreigners may potentially make individual applications concerning rights within the scope of the system. However, foreigners cannot make individual applications concerning rights reserved exclusively to Turkish citizens.

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The Constitutional Court provides detailed information in its guidance for applicants.

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Can companies apply to the Constitutional Court?

Private legal persons can potentially make individual applications concerning rights belonging to the legal person, provided the statutory requirements are satisfied.

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Does the Constitutional Court act as an appeal court?

No. An individual application is not simply a further appeal against an unfavorable court judgment. It concerns alleged violations of qualifying fundamental rights and freedoms and is subject to its own admissibility requirements.

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Do I have to exhaust ordinary legal remedies?

Generally, yes. Article 45 of the Law on the Constitutional Court requires the available administrative and judicial remedies concerning the alleged violation to be exhausted.

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What rights can be protected through an individual application?

The right alleged to have been violated must fall within the constitutional individual-application framework and the scope of the European Convention on Human Rights and applicable additional protocols ratified by Türkiye. The Constitutional Court explains this requirement in its official guidance on the scope of fundamental rights.

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Can constitutional law apply to an administrative dispute?

Yes. Administrative decisions can interfere with constitutionally protected rights. In such circumstances, administrative litigation and constitutional remedies may need to be considered together.

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Can a constitutional case involve property rights?

Yes. State interference with property can raise constitutional questions depending on the nature and effects of the interference and the remedies available.

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Can freedom of expression become a constitutional issue?

Yes. Restrictions imposed by public authorities on expression, publication or communication can potentially raise constitutional and human-rights questions, depending on the circumstances.

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What happens if the Constitutional Court finds a violation?

The available remedy depends on the nature of the violation. The Court's official information concerning the individual-application process and judgments explains the types of decisions and remedies available under the system.

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Constitutional Lawyer in Istanbul for Turkish and International Clients

Constitutional law becomes important when the exercise of public power reaches directly into someone's rights or legally protected interests.

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It may involve a major constitutional question, but it may also begin with something much more ordinary: an administrative decision, a court judgment, a restriction on property, an immigration decision, a regulatory measure or a proceeding that has taken an unusually long time.

 

The key is identifying the constitutional issue without losing sight of the underlying legal problem.

 

At Kurucuk & Associates Law Firm, we provide legal advice and representation concerning Turkish constitutional law, constitutional litigation, fundamental rights, individual applications and related public-law disputes in Istanbul and elsewhere in Türkiye.

 

Where appropriate, constitutional analysis may be coordinated with our administrative law, litigation and dispute resolution, criminal law, immigration law, family law, commercial law, real estate law and personal data protection law practices.

 

For authoritative information, clients can also consult the Constitutional Court of Türkiye, the Turkish Grand National Assembly, the Official Gazette, the Ministry of Justice, the European Court of Human Rights, HUDOC, the Human Rights and Equality Institution of Türkiye and the Ombudsman Institution of Türkiye.

 

Kurucuk & Associates Law Firm can assess the facts of your matter, identify the relevant constitutional and procedural issues, and advise on the legal remedies potentially available under Turkish law.