About the CourtLegal BasisConstitutionVIII. THE CONSTITUTIONAL COURT

VIII. THE CONSTITUTIONAL COURT


Article 160
(Powers of the Constitutional Court)

The Constitutional Court decides:

  • on the conformity of laws with the Constitution;
  • on the conformity of laws and other regulations with ratified treaties and with the general principles of international law;
  • on the conformity of regulations with the Constitution and with laws;
  • on the conformity of local community regulations with the Constitution and with laws;
  • on the conformity of general acts issued for the exercise of public authority with the Constitution, laws, and regulations;
  • on constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts;
  • on jurisdictional disputes between the state and local communities and among local communities themselves;
  • on jurisdictional disputes between courts and other state authorities;
  • on jurisdictional disputes between the National Assembly, the President of the Republic, and the Government;
  • on the unconstitutionality of the acts and activities of political parties; and
  • on other matters vested in the Constitutional Court by this Constitution or laws.
In the process of ratifying a treaty, the Constitutional Court, on the proposal of the President of the Republic, the Government, or a third of the deputies of the National Assembly, issues an opinion on the conformity of such treaty with the Constitution. The National Assembly is bound by the opinion of the Constitutional Court.

Unless otherwise provided by law, the Constitutional Court decides on a constitutional complaint only if legal remedies have been exhausted. The Constitutional Court decides whether to accept a constitutional complaint for adjudication on the basis of criteria and procedures provided by law.

Article 161
(Abrogation of a Law)

If the Constitutional Court establishes that a law is unconstitutional, it abrogates such law in whole or in part. Such abrogation takes effect immediately or within a period of time determined by the Constitutional Court. This period of time may not exceed one year. The Constitutional Court annuls ab initio or abrogates other regulations or general acts that are unconstitutional or contrary to law. Under conditions provided by law, the Constitutional Court may, up until a final decision, suspend in whole or in part the implementation of an act whose constitutionality or legality is being reviewed.

If in deciding on a constitutional complaint the Constitutional Court establishes the unconstitutionality of a regulation or general act, it may, in accordance with the provisions of the first paragraph of this article, annul ab initio or abrogate such regulation or act.

The legal consequences of Constitutional Court decisions shall be regulated by law.

Article 162
(Proceedings before the Constitutional Court)

Proceedings before the Constitutional Court shall be regulated by law.

The law determines who may require the initiation of proceedings before the Constitutional Court. Anyone who demonstrates legal interest may request the initiation of proceedings before the Constitutional Court.

The Constitutional Court decides by a majority vote of all its judges unless otherwise provided for individual cases by the Constitution or law. The Constitutional Court may decide whether to initiate proceedings following a constitutional complaint with fewer judges as provided by law.

Article 163
(Composition and Election)

The Constitutional Court is composed of nine judges, elected on the proposal of the President of the Republic by the National Assembly in a manner provided by law.

The judges are elected from among legal experts.

The President of the Constitutional Court is elected by the judges from among their own number for a term of three years.

Article 164
(Early Termination of Office of a Constitutional Court Judge)

A Constitutional Court judge may be subject to early termination of office in a manner provided by law only:
  • if the judge himself so requests,
  • if the judge is punished by imprisonment for a criminal offence, or
  • due to permanent loss of capacity to perform his office.
 
Article 165
(Term of Office of Judges)

Constitutional Court judges are elected for a term of nine years. Constitutional Court judges may not be re-elected.

Upon the expiry of the term for which a Constitutional Court judge has been elected, he continues to perform his office until the election of a new judge.

Article 166
(Incompatibility of Office)

The office of Constitutional Court judge is not compatible with office in state authorities, in local self-government authorities, and in bodies of political parties, and with other offices and activities that are not compatible by law with the office of Constitutional Court judge.

Article 167
(Immunity)

Constitutional Court judges enjoy the same immunity as National Assembly deputies. The National Assembly decides on such immunity.

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