NEWSLETTER-2020-metin

285 CIVIL PROCEDURE LAW The Constitutional Court Decision Regarding the Effect of the Expert Report in the Partial Claim, on the Additional Claim Att. Ceren Eke Introduction The Constitutional Court, in its decision dated 08.09.2020 and numbered 2017/15460 (“Decision”), examined an individual applica- tion on the grounds that the facts which became conclusive evidence in the partial claim, filed due to confiscation without expropriation, were not taken into account in the additional claim, and decided by majority vote that the property right was violated. The Decision was published in the Official Gazette dated 16.10.2020 and numbered 31276. Individual Application to the Constitutional Court Individual application, in other words, constitutional complaint, is a remedy that can be applied by every individual who claims that a fundamental right or freedom is violated, which is regulated in the Constitution, and also included in the European Convention on Hu- man Rights (“ECHR”) and its additional protocols. Ordinary legal remedies in domestic law must be exhausted in order to make an in- dividual application. Necessity of this requirement indicates that the individual application remedy is an extraordinary legal remedy 1 . Concrete Case Subject to Individual Application In the present case, the energy transmission line was installed over the Applicant’s immovable property without expropriation or establishing an administrative easement. The Applicant filed a lawsuit for compensation for confiscation without expropriation. In the expert report prepared before the court of first instance, the amount of com- 1 Tanör / Yüzbaşıoğlu : 1982 Anayasasına Göre Türk Anayasa Hukuku, İstanbul, 2015, p. 528.