Akademik Veri Yönetim Sistemi
Annales de la Faculté de Droit d’Istanbul, sa.75, ss.33-53, 2024 (Scopus)
The Constitutional Court was established in Poland in 1985, a country that adopted the European model constitutional
justice system. Individual application to the Constitutional Court (Constitutional complaint), which is an important
mechanism in the protection of individual rights and freedoms and also ensures the development of the Constitutional
Court jurisprudence, was made possible for the first time in Poland with the Constitution that came into force in 1997.
The Constitutional Tribunal Act, which was adopted in the same year with the 1997 Polish Constitution, contains
regulations regarding individual application. Because of the judicial reforms carried out in 2016, the Constitutional
Tribunal Act Law was changed. The Act of Organisation of the Constitutional Tribunal and the Mode of Proceedings
Before the Constitutional Tribunal, which is the most recent act put into force on January 3, 2017, includes up-to-date
regulations regarding individual applications. The review authority of the Polish Constitutional Court regarding individual
applications differs from that in Turkey. In the Republic of Poland, when an application is made to the Constitutional
Court on the grounds that fundamental rights and freedoms guaranteed in the constitution have been violated, the legal
regulation itself is subject to unconstitutionality review. The reasons for choosing Poland in this study include the fact
that the Constitutional Court was established in Poland before the collapse of the Eastern Bloc; that it sets an example for
other Eastern European countries; and that legal regulations can also be subject to individual application.