INDIVIDUAL APPLICATION TO THE CONSTITUTIONAL COURT
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Course Title:
INDIVIDUAL APPLICATION TO THE CONSTITUTIONAL COURT
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Course Code:
HUK2020
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Type of Course:
Optional
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Level of Course:
First Cycle
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Year of Study:
2
6
Semester:
3
7
ECTS Credits Allocated:
4
8
Theoretical (hour/week):
2
9
Practice (hour/week) :
0
10
Laboratory (hour/week) :
0
11
Prerequisites:
None
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Recommended optional programme components:
None
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Language:
Turkish
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Mode of Delivery:
Face to face
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Course Coordinator:
Dr. Ögr. Üyesi SİBEL YILMAZ COŞKUN
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Course Lecturers:
Dr. öğr. üyesi Sibel YILMAZ COŞKUN
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Contactinformation of the Course Coordinator:
sibelyılmaz@uludag.edu.tr
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Website:
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Objective of the Course:
The course aims to offer an option to complement the constitutional law course that students take in their first year, especially in terms of practice.
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Contribution of the Course to Professional Development
In our system, where almost all branches of law have been constitutionalized, learning the individual application mechanism, implemented as an effective protection mechanism for fundamental rights and freedoms, will contribute to our students' legal education and subsequent professional practice.
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Learning Outcomes:
1
Understanding the emergence of constitutionalism and constitutional review.;
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Revealing the place of individual application mechanisms in modern constitutions, one of the types of application to the Constitutional Court.;
3
Comprehending the importance of individual application mechanism in Turkish constitutional law;
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Understanding the relationship between the mechanism of individual application to the Constitutional Court and the ECHR/ECHR, to grasp the parallelism;
5
Learning the admissibility criteria of the individual application;
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Analyzing how the Constitutional Court evaluates violations of rights in individual applications;
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In particular, examining the constitutional rights that are found to be violated the most among the individual application decisions in Turkey.;
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Course Content:
Week
Theoretical
Practical
1
Constitutionalism movements, the birth and development of the constitutional judiciary and the addition of the individual application mechanism to the constitutional judiciary/review
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The meaning of individual application, its regulation in different countries
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Anticipating individual application in Turkiye, relevant legislation and regulations
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Conditions of individual application to the Constitution
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Pre-examination procedure for individual application
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Evaluation of the admissibility criteria in the individual applications (1) Commission and sections stage
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Evaluation of the admissibility criteria in the individual applications (2) Commissions and sections stage
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Interim decisions and pilot decisions procedure
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General evaluation of the rights about which the Constitutional Court has decided to be violated the most in individual application decisions
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Individual application decisions on the right to a fair trial
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Individual application decisions on the right to property
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Individual application decisions on freedom of expression
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Individual application decisions on the prohibition of ill-treatment
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Individual application decisions on the protection of private and family life, personal freedom and security, and the protection of the right to life
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Textbooks, References and/or Other Materials:
Muharrem Koç ve Recep Kaplan (Der.), Bireysel Başvuru Kabul Edilebilirlik Kriterleri Rehberi, Anayasa Mahkemesi Yayınları, Ankara 2017. Çelebi, Ece Göztepe. “Türkiye’de Anayasa Mahkemesi’ne Bireysel Başvuru Hakkının (Anayasa Şikâyeti), 6216 Sayılı Kanun Kapsamında Değerlendirilmesi, TBB Dergisi, Yıl 2011, Sayı 95, s.13-40. https://rm.coe.int/1-right-to-liberty-and-security/1680937255 Constitutional Court Individual Application Handbooks. Relevant Constitutional Court decisions.
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Assesment
TERM LEARNING ACTIVITIES
NUMBER
PERCENT
Midterm Exam
1
40
Quiz
0
0
Homeworks, Performances
0
0
Final Exam
1
60
Total
2
100
Contribution of Term (Year) Learning Activities to Success Grade
40
Contribution of Final Exam to Success Grade
60
Total
100
Measurement and Evaluation Techniques Used in the Course
Measurement and evaluation is carried out according to the priciples of Bursa uludag University Associate and Undergraduate Education Regulation.
Information
no additional explanation
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ECTS / WORK LOAD TABLE
Activites
NUMBER
TIME [Hour]
Total WorkLoad [Hour]
Theoretical
14
2
28
Practicals/Labs
0
0
0
Self Study and Preparation
14
1
14
Homeworks, Performances
0
0
0
Projects
0
0
0
Field Studies
0
0
0
Midtermexams
1
30
30
Others
0
0
0
Final Exams
1
45
45
Total WorkLoad
147
Total workload/ 30 hr
3,9
ECTS Credit of the Course
4
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CONTRIBUTION OF LEARNING OUTCOMES TO PROGRAMME QUALIFICATIONS
