When the ordinary legal remedies against an interference with press freedom are exhausted, one route remains. The constitutional framework of that route is in Arts. 148 and 149.
The Basis of the Individual Application
Art. 148/1 of the Constitution: the Constitutional Court reviews the conformity with the Constitution of statutes, presidential decrees and the Rules of Procedure of the Grand National Assembly, and decides individual applications.
Who May Apply, and Against What?
Art. 148 (Added paragraph: 7/5/2010-5982/18) - Everyone may apply to the Constitutional Court alleging that any one of their fundamental rights and freedoms guaranteed in the Constitution and falling within the scope of the European Convention on Human Rights has been violated by a public authority. In order to make an application, the ordinary legal remedies must have been exhausted.
| Condition | Content |
|---|---|
| Who? | Everyone |
| Which right? | A right both guaranteed in the Constitution and within the scope of the Convention |
| Against whom? | A violation by a public authority |
| Precondition | The ordinary legal remedies having been exhausted |
The Limit of the Examination
(Added paragraph: 7/5/2010-5982/18) In an individual application no examination may be made of matters that must be considered in the ordinary legal remedy.
(Added paragraph: 7/5/2010-5982/18) The procedures and principles relating to the individual application are regulated by law. The application period, the fee and the formal conditions are found in that law and in the Court's Rules of Procedure.
Who Decides the Application? - Art. 149
Article 149 (Amended: 7/5/2010-5982/19): the Constitutional Court works in two sections and as a Plenary.
| Body | Composition | What does it hear? |
|---|---|---|
| The sections | Four members under the chairmanship of a Vice-President | Individual applications |
| The Plenary | At least ten members under the chairmanship of the President or a Vice-President they designate | Political party cases, actions for annulment and objections, the Supreme Criminal Court |
| The commissions | May be formed | The admissibility examination of individual applications |
The sections and the Plenary take their decisions by an absolute majority. Individual applications are decided by the sections.
Is There a Hearing?
One of the final paragraphs of Art. 149: the Constitutional Court examines matters on the file, other than the cases it hears as the Supreme Criminal Court. However, in individual applications it may decide that a hearing be held.
Its Connection with the Convention
The criterion of scope in Art. 148 refers directly to the European Convention on Human Rights. We cover that connection and the rule of precedence in Art. 90/5 of the Constitution in the Convention guide.
A Note on Sources
Which Rights for a Journalist?
| Right | Article of the Constitution |
|---|---|
| Press freedom | Art. 28 |
| Expression and dissemination of thought | Art. 26 |
| Freedom of thought and opinion | Art. 25 |
| Freedom of communication | Art. 22 |
| The privacy of private life | Art. 20 |
| The right to publish periodicals and non-periodicals | Art. 29 |
| The protection of press equipment | Art. 30 |
| The right to seek justice | Art. 36 |
We cover the content of those articles one by one in the main guide.
Summary
The route of individual application was added to Art. 148 of the Constitution in 2010 by Law No. 5982. Everyone may apply alleging that one of their fundamental rights and freedoms guaranteed in the Constitution and within the scope of the Convention has been violated by a public authority; the precondition is that the ordinary legal remedies have been exhausted. In the application no examination may be made of matters that must be considered in the ordinary legal remedy. Applications are decided by the sections; commissions may be formed for the admissibility examination.