School/Faculty/Institute | Faculty of Law | ||||
Course Code | HUK 126 | ||||
Course Title in English | Individual Application to the Constitutional Court | ||||
Course Title in Turkish | Anayasa Mahkemesine Bireysel Başvuru | ||||
Language of Instruction | TR | ||||
Type of Course | Flipped Classroom,Lecture,Practical | ||||
Level of Course | Intermediate | ||||
Semester | Spring,Fall | ||||
Contact Hours per Week |
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Estimated Student Workload | 60 hours per semester | ||||
Number of Credits | 2 ECTS | ||||
Grading Mode | Standard Letter Grade | ||||
Pre-requisites | None | ||||
Expected Prior Knowledge | None | ||||
Co-requisites | None | ||||
Registration Restrictions | Only Undergraduate Students | ||||
Overall Educational Objective | The student's understanding of all aspects of the individual application mechanism | ||||
Course Description | Ders, bireysel başvuru sistemi, bireysel başvurunun özellikleri, iç hukuk yollarının tüketilmesi ve süre şartı gibi kabul edilebilirlik kriterleri, maddi haklar, bireysel başvuru yapılması konularına odaklanmaktadır. | ||||
Course Description in Turkish | This course focuses on the individual application system, features of individual application, admissibility criteria like exhaustion of remedies and time limits, substantive rights, lodging an application. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the individual application mechanism and its features 2) Characterizes disputes and identifies ways of resolving them. 3) Evaluates decisions 4) Prepares an individual application petition. |
Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
---|---|---|---|---|
1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||
2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||
3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||
4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||
5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||
6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||
7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||
8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||
9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||
10) Adoption of a positive approach to the concept of lifelong learning. | ||||
11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||
12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
N None | S Supportive | H Highly Related |
Program Outcomes and Competences | Level | Assessed by | |
1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | N | |
2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | HW |
3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | N | |
4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | S | HW |
6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | N | |
7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | HW |
8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | N | |
12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | N |
Prepared by and Date | EMİNE KARACAOĞLU , January 2024 |
Course Coordinator | EMİNE KARACAOĞLU |
Semester | Spring,Fall |
Name of Instructor | Asst. Prof. Dr. EMİNE KARACAOĞLU |
Week | Subject |
1) | The adoption process of individual application in Turkey, the general framework for individual applications, the structure of the Constitutional Court |
2) | Personal jurisdiction of the Constitutional Court |
3) | Subject-matter jurisdiction of the Court |
4) | Jurisdiction of the Constitutional Court in terms of place |
5) | Temporal jurisdiction of the Constitutional Court |
6) | Admissibility criteria: exhaustion of domestic remedies |
7) | Admissibility criteria: time limit |
8) | Admissibility criteria: not to be manifestly unfounded, lack of constitutional and personal significance |
9) | Decision: Material and moral damages, renewal of proceedings, individual and general injunctions, pilot decisions |
10) | Application procedure: preparation of petitions and motions |
11) | Abuse of the individual application, dismissal decisions and general evaluation of the procedure |
12) | Discussion of exemplary cases in the context of individual application rights |
13) | Finals |
13) | Discussion of exemplary cases in the context of individual application rights |
14) | Finals |
Required/Recommended Readings | Tolga Şirin, Bireysel Başvuru Usul Hukuku, Anayasa Mahkemesine Bireysel Başvuru El Kitapları Serisi-7, Avrupa Konseyi, Ankara 2018 | |||||||||
Teaching Methods | In-class exercises, petition preparation, decision review | |||||||||
Homework and Projects | Preparation of a petition 100 % (students can have their homework checked in advance, therefore there is no make-up homework). The average is calculated provided that 50 is obtained from the homework. The letter grade equivalents of the grades below 50 are entered into the system as F. | |||||||||
Laboratory Work | ||||||||||
Computer Use | ||||||||||
Other Activities | ||||||||||
Assessment Methods |
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Course Administration |
karacaoglue@mef.edu.tr 0 212 395 36 24 Görüşme Saatleri: Salı 11-13 Tel.0 212 395 36 24 karacaoglue@mef.edu.tr |
Activity | No/Weeks | Hours | Calculation | ||||
No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
Course Hours | 14 | 1 | 2 | 42 | |||
Midterm(s) | 2 | 4 | 1 | 10 | |||
Final Examination | 1 | 6 | 2 | 8 | |||
Total Workload | 60 | ||||||
Total Workload/25 | 2.4 | ||||||
ECTS | 2 |