Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| 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. |
Relation to Program Outcomes and Competences
| 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 |
Course Contents
| 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 |
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ECTS Student Workload Estimation
| 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 | ||||||