ISTANBUL OKAN UNIVERSITY INFORMATION PACKAGE / COURSE CATALOGUE
| Doctorate of Private Law | |||||
| PhD | TR-NQF-HE: Level 8 | QF-EHEA: Third Cycle | EQF-LLL: Level 8 | ||
General course introduction information
| Course Code: | ÖHDR641 | ||||||||
| Course Name: | Individual Application Procedure To The Constitutional Court | ||||||||
| Course Semester: | Spring | ||||||||
| Course Credits: |
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| Language of instruction: | TR | ||||||||
| Course Requisites: | |||||||||
| Does the Course Require Work Experience?: | No | ||||||||
| Type of course: | Department Elective | ||||||||
| Course Level: |
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| Mode of Delivery: | Face to face | ||||||||
| Course Coordinator : | Dr.Öğr.Üyesi SİNEM ŞİRİN | ||||||||
| Course Lecturer(s): |
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| Course Assistants: |
Course Objective and Content
| Course Objectives: | In this course, it is aimed that the individual application procedure, which provides the remedy of violations of fundamental rights by state organs and especially by judicial organs, is learnt in detail by the practitioners and the developing jurisprudence of the Constitutional Court on procedural law is discussed. |
| Course Content: | In this course, the emergence and basic features of the individual application to the Constitutional Court, application conditions and admissibility criteria, types of decisions and the Court's jurisprudence on procedural law will be explained and discussed. |
Learning Outcomes
The students who have succeeded in this course;
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Lesson Plan
| Week | Subject | Related Preparation |
| 1) | Definition, Purpose, Characteristics and Emergence of the Individual Application Procedure | |
| 2) | Basic Features of the Individual Application to the Constitutional Court and Examination of Applications | |
| 3) | Admissibility Criteria in the Individual Application Procedure to the Constitutional Court (in terms of time, place, subject and person) | |
| 4) | Admissibility Criteria in the Individual Application Procedure to the Constitutional Court (in terms of time, place, subject and person) | |
| 5) | Admissibility Criteria in the Individual Application Procedure to the Constitutional Court (in terms of time, place, subject and person) | |
| 6) | Exhaustion of remedies and their exceptions | |
| 7) | Application period | |
| 8) | The criterion of not being manifestly unfounded | |
| 9) | Constitutional and personal importance and the criterion of significant damage | |
| 10) | Types of Decision in Individual Application Procedure | |
| 11) | Sample judgement reviews | |
| 12) | Judgement Review/Presentations | |
| 13) | Judgement Review/Presentations | |
| 14) | Judgement Review/Presentations |
Sources
| Course Notes / Textbooks: | T.C. 1982 Anayasası Metni, 6216 sayılı Anayasa Mahkemesinin Kuruluşu ve Yargılama Usulleri Hakkında Kanun, Anayasa Mahkemesi İçtüzüğü, İnsan Hakları Avrupa Sözleşmesi, Anayasa Mahkemesi ve İHAM İçtihatları |
| References: | • Ece Göztepe, Anayasa Şikayeti, Ankara Üniversitesi Yayını, 1998. • Ece Göztepe, “Türkiye’de Anayasa Mahkemesi’ne Bireysel Başvuru Hakkının (Anayasa Şikâyeti) 6216 Sayılı Kanun Kapsamında Değerlendirilmesi”, TBB Dergisi, Sayı: 95, 2011, ss. 13-40. • Fazıl Sağlam, “Anayasa Mahkemesi’nin Ürettiği Yapay Bir Kavram: Ortak Koruma Alanı”, Metin Günday Armağanı, Atılım Üniversitesi Yayınları, 2. Cilt, ss. 1101-1164, 2020. • Korkut Kanadoğlu, Anayasa Mahkemesi'ne Bireysel Başvuru, XII Levha Yayınları, 2015. • Musa Sağlam (ed.), Bireysel Başvuru İnceleme Usulü ve Kabul Edilebilirlik Kriterleri, Anayasa Mahkemesi Yayını, 2013. • Sibel İnceoğlu, Anayasa Mahkemesi'ne Bireysel Başvuru Türkiye ve Latin Modelleri, XII Levha Yayınları, 2017. • Tolga Şirin, Türkiye’de Anayasa Şikayeti, XII Levha Yayınları, 2013. • Tolga Şirin, Bireysel Başvuru Usul Hukuku, Avrupa Konseyi Yayını, 2018. • Ulaş Karan, Anayasa Mahkemesi'ne Bireysel Başvuru Rehberi, İstanbul Bilgi Üniversitesi yayınları, 2015. |
Course-Program Learning Outcome Relationship
| Learning Outcomes | 1 |
2 |
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|---|---|---|---|---|---|---|---|---|---|
| Program Outcomes | |||||||||
| 1) Gaining the ability to recognize, analyze, and scientifically characterize the concepts, institutions, and methods specific to private law and its sub-disciplines. | |||||||||
| 2) Developing innovative and effective solutions for legal practice by synthesizing theoretical and practical knowledge. | |||||||||
| 3) Effectively utilizing expertise-level knowledge of private law and its sub-disciplines in theoretical and practical fields by systematically analyzing it | |||||||||
| 4) Developing new ideas and methods by using advanced mental processes such as creative and critical thinking, problem-solving, and decision-making in the field of private law and its sub-disciplines. | |||||||||
| 5) Acquiring the ability to produce functional and effective solutions to problems arising from legal theory and practice that directly impact social life, through an interdisciplinary approach. | |||||||||
| 6) Actively participating in national and international projects and designing and implementing innovative projects. | |||||||||
| 7) Gaining the competence to generate original ideas and research and effectively expressing the results both verbally and in writing, using academic language. | |||||||||
| 8) Following current information and developments in the field from both local and foreign sources, and analyzing, evaluating, and applying this information through a systematic approach. | |||||||||
| 9) Publishing academic papers at national and international levels related to the field and presenting original papers at scientific conferences. | |||||||||
| 10) Gaining the competence to apply and develop knowledge and skills acquired in private law and its sub-disciplines while adhering to professional and academic ethical principles. | |||||||||
Course - Learning Outcome Relationship
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | Gaining the ability to recognize, analyze, and scientifically characterize the concepts, institutions, and methods specific to private law and its sub-disciplines. | |
| 2) | Developing innovative and effective solutions for legal practice by synthesizing theoretical and practical knowledge. | |
| 3) | Effectively utilizing expertise-level knowledge of private law and its sub-disciplines in theoretical and practical fields by systematically analyzing it | |
| 4) | Developing new ideas and methods by using advanced mental processes such as creative and critical thinking, problem-solving, and decision-making in the field of private law and its sub-disciplines. | |
| 5) | Acquiring the ability to produce functional and effective solutions to problems arising from legal theory and practice that directly impact social life, through an interdisciplinary approach. | |
| 6) | Actively participating in national and international projects and designing and implementing innovative projects. | |
| 7) | Gaining the competence to generate original ideas and research and effectively expressing the results both verbally and in writing, using academic language. | |
| 8) | Following current information and developments in the field from both local and foreign sources, and analyzing, evaluating, and applying this information through a systematic approach. | |
| 9) | Publishing academic papers at national and international levels related to the field and presenting original papers at scientific conferences. | |
| 10) | Gaining the competence to apply and develop knowledge and skills acquired in private law and its sub-disciplines while adhering to professional and academic ethical principles. |
Learning Activity and Teaching Methods
| Expression | |
| Lesson | |
| Reading | |
| Homework | |
| Q&A / Discussion |
Assessment & Grading Methods and Criteria
| Written Exam (Open-ended questions, multiple choice, true-false, matching, fill in the blanks, sequencing) | |
| Presentation |
Assessment & Grading
| Semester Requirements | Number of Activities | Level of Contribution |
| Presentation | 1 | % 40 |
| Final | 1 | % 60 |
| total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 40 | |
| PERCENTAGE OF FINAL WORK | % 60 | |
| total | % 100 | |
Workload and ECTS Credit Grading
| Activities | Number of Activities | Duration (Hours) | Workload |
| Course Hours | 14 | 3 | 42 |
| Study Hours Out of Class | 14 | 2 | 28 |
| Presentations / Seminar | 1 | 2 | 2 |
| Final | 1 | 2 | 2 |
| Total Workload | 74 | ||