About the CourtLegal BasisConstitutionVII. CONSTITUTIONALITY AND LEGALITY

VII. CONSTITUTIONALITY AND LEGALITY

 
Article 153
(Conformity of Legal Acts)

Laws, regulations, and other general acts must be in conformity with the Constitution.

Laws must be in conformity with generally accepted principles of international law and with valid treaties ratified by the National Assembly, whereas regulations and other general acts must also be in conformity with other ratified treaties.

Regulations and other general acts must be in conformity with the Constitution and laws.

Individual acts and actions of state authorities, local community authorities, and bearers of public authority must be based on a law or regulation adopted pursuant to law.

Article 154
(Validity and Publication of Regulations)

Regulations must be published prior to entering into force. A regulation enters into force on the fifteenth day after its publication unless otherwise determined in the regulation itself.

State regulations are published in the official gazette of the state, whereas local community regulations are published in the official publication determined by the local community.

Article 155
(Prohibition of the Retroactive Effect of Legal Acts)

Laws and other regulations and general acts cannot have retroactive effect.

Only a law may establish that certain of its provisions have retroactive effect, if this is required in the public interest and provided that no acquired rights are infringed thereby.

Article 156
(Constitutional Review)

If a court deciding some matter deems a law which it should apply to be unconstitutional, it must stay the proceedings and initiate proceedings before the Constitutional Court. The proceedings in the court may be continued after the Constitutional Court has issued its decision.

Article 157
(Judicial Review of Administrative Acts)

A court having jurisdiction to review administrative acts decides the legality of final individual acts with which state authorities, local community authorities, and bearers of public authority decide the rights or obligations and legal entitlements of individuals and organisations, if other legal protection is not provided by law for a particular matter.

If other legal protection is not provided, the court having jurisdiction to review administrative acts also decides on the legality of individual actions and acts which intrude upon the constitutional rights of the individual.

Article 158
(Finality of Legal Decisions)

Legal relations regulated by the final decision of a state authority may be annulled ab initio, abrogated, or amended only in such cases and by such procedures as are provided by law.

Article 159
(Ombudsman for Human Rights and Fundamental Freedoms)

In order to protect human rights and fundamental freedoms in relation to state authorities, local self-government authorities, and bearers of public authority, the office of the ombudsman for the rights of citizens shall be established by law.

Special ombudsmen for the rights of citizens may also be established by law for particular fields.

    Illustrated constitution

    Illustrated constitution