This Constitutional Act regulates conditions and procedure for the election of judges of the Constitutional Court of the Republic of Croatia (hereinafter referred to as: the Constitutional Court) and termination of their office, conditions and terms for instituting proceedings for the review of constitutionality and legality, procedure and legal effects of its decisions, protection of human rights and fundamental freedoms guaranteed by the Constitution and other issues of importance for the performance of duties and functions of the Constitutional Court.

(1) TheConstitutional Courtshall guarantee compliance with and application of the Constitution of theRepublicofCroatiaand shall base its work on provisions of the Constitution of theRepublicofCroatiaand the Constitutional Act on the Constitutional Court of theRepublicofCroatia.

III. PROCEEDINGS OF THECONSTITUTIONAL COURT

GENERAL PROVISIONS

(1) Proceedings of theConstitutional Courtshall be initiated by a written request, a proposal or a constitutional complaint (hereinafter referred to as: applications).

(2) All applications sent to theConstitutional Courtmust be signed.

(3) The application is to be submitted to theConstitutional Courtdirectly or sent by mail. The day the application has been sent as registered mail shall be considered the day of submission to theConstitutional Court.

(4) If the application has not been submitted to the Constitutional Court but to another body and has been received by the Constitutional Court after the expiration of the term for submission of the application, it shall be considered as being submitted within the term if the applicant has submitted the application to that body because of ignorance or an apparent mistake.

(1) Applications instituting the proceedings, respective those proposing the institution of proceedings, as well as all other written statements, proposals and information shall be submitted to theConstitutional Courtin the Croatian language and the Latin script.

(2) In those local units in which, under the conditions specified by law, along with the Croatian language and the Latin script, another language is introduced into official use or Cyrillic or some other script, the participant in proceedings who is a resident, or is seated on the territory of that local unit, may also submit the applications to the Constitutional Court in this other language and the Cyrillic or some other script.

(1) Applications submitted to theConstitutional Courtmust be understandable and must contain all the prerequisites for proceeding upon them.

(2) If an application is not understandable or if it does not contain all the prerequisites for proceeding upon it, the Constitutional Court shall return the application to the applicant for correction, respective a supplement, ordering the term for resubmission of the application.

(3) If the application has been corrected, respective supplemented and resubmitted to the Constitutional Court within the term ordered for correction respective a supplement, it shall be considered as being submitted on the day it was submitted for the first time.

(4) The application shall be considered as withdrawn if not returned to theConstitutional Courtwithin the ordered term. If returned without correction, respective a supplement, it shall be rejected.

(1) Proceedings are conducted by a judge of theConstitutional Court.

(2) Proceedings shall be conducted in such a manner to enable theConstitutional Courtto make the decision on the substance of the case.

If thereexistreasons to exclude the public from the proceedings, a judge of theConstitutional Courtshall note it in his/her report.

If a delivery is to be done to individuals or legal persons abroad or to the aliens who enjoy the right of immunity, the delivery shall be done through a diplomatic respective a consular path, unless an international agreement provides for something else.

Every participant in theConstitutional Courtproceedings shall pay his/her own expenses unless decided differently by theConstitutional Court.

(1) Participants may undertake actions in the proceedings in person or through a representative.

(2) Special authorization for undertaking all or only specific activities in the proceedings shall be grounded on a special authorization.

(1) Everyone is due to present to theConstitutional Court, on its request, documents and information needed for the conduct of proceedings.

(2) Exceptionally, in the case when repeated requests of theConstitutional Courtin paragraph 1 of this Article have not been complied with, theConstitutional Courtmay order that the documents shall be seized.

The written records of the Constitutional Court Sessions shall be made.

(1) TheConstitutional Courtrenders decisions and rulings by a majority vote of all its judges, unless differently provided by the Constitution or this Constitutional Act.

(2) When deciding on the substance of the case theConstitutional Courtrenders a decision, and in all other cases a ruling.

(3) Reasons shall be given for the decision and the ruling of theConstitutional Court.

(4) The judge of theConstitutional Courtwho has a separate opinion is due to give the reasons for it in writing.

(5) The judge of theConstitutional Courtwho voted against the majority may, within a reasonable time from the day the decision or ruling was written, give reasons for his/her opinion in writing, andpublishit.

(6) The judge of theConstitutional Courtshall not abstain from voting, except in the case when he/she has participated in passing the law, some other regulation or decision whicharethe matter of the decision in hand.

(1) The decision and the ruling of theConstitutional Courtshall have an introduction, a dictum and reasons.

(2) The introduction of a decision, respective a ruling contains: the title of theConstitutional Court, names and surnames of the president and judges who have participated in rendering the decision, respective the ruling, a brief note on the case being decided and the date of the decision, respective the ruling.

(3) The dictum contains judgment of theConstitutional Courtin the case.

(4) In the reasons, theConstitutional Courtshall explain the content of the application which proposes the institution of proceedings, respective the one by which the proceedings have been instituted, present the reasons for deciding as in the dictum and the legal foundation upon which the decision has been grounded.

(1) Decisions and important rulings of theConstitutionalCourt,passed in the proceedings for reviewing the constitutionality of laws and the constitutionality and legality of other regulations, and decisions and rulings passed inConstitutional Courtproceedings for the protection of human rights and fundamental freedoms guaranteed by the Constitution, shall be published in the Official GazetteNarodnenovine. If more decisions or rulings are grounded on the same legal foundation or the same or similar facts of the case, only one decision or ruling shall be published.

(2) The Session of theConstitutional Courtshall decide on the publication of other acts of theConstitutional Court.

(1) TheConstitutional Courtshall deliverancertified transcript of its decision, respective the ruling, to the participants in the proceedings.

(2) If the summons, decisions or rulings of theConstitutional Courtmay not, for whatever reason, be delivered to the participants in the proceedings, the delivery for them is done by affixing the summons, the decision or the ruling up to the notice board of theConstitutional Court.

(3) The delivery is considered done after the expiration of eight days from the day the summons, the decision or the ruling has been affixed up to the notice board of theConstitutional Court.

(4) In case of publishing the decision or the ruling in the Official GazetteNarodnenovine, the delivery is considered done on the day of publication.

(1) The decisions and the rulings of theConstitutional Courtare obligatory and every individual or legal person shall obey them.

(2) All bodies of the central government and the local and regional self-government shall, within their constitutional and legal jurisdiction, execute the decisions and the rulings of theConstitutional Court.

(3) The Government of theRepublicofCroatiaensures, through the bodies of central administration, the execution of the decisions and the rulings of theConstitutional Court.

(4) TheConstitutional Courtmight determine which body is authorized for the execution of its decision, respective its ruling.

(5) TheConstitutional Courtmay determine the manner in which its decision, respective its ruling shall be executed.

TheConstitutional Courtshall by its ruling reject a request, a proposal or a constitutional complaint if it is not competent for deciding upon it or if they have been late and in all other occasions when there exist no conditions to decide on the merits of the case.

TheConstitutional Courtshall render the decision upon the request, the accepted proposal and the constitutional complaint, as a rule, within the term not longer than one year.

If not differently provided by this Constitutional Act, theConstitutional Courtshallsubsidiarilymeaningfully apply the provisions of the relevant procedural legislation of theRepublicofCroatia.

IV. REVIEW OF THE CONSTITUTIONALITY OF LAWS AND THE CONSTITUTIONALITY AND LEGALITY OF OTHER REGULATIONS

The request by which the proceedings before theConstitutional Courtare instituted may be presented by:

onefifth of the members of the Croatian Parliament,

acommittee of the Croatian Parliament,

thePresident of theRepublicofCroatia,

theGovernment of theRepublicofCroatia, to review the constitutionality and legality of regulations,

the Supreme Court of the Republic of Croatia or another court of justice, if the issue of constitutionality and legality has arisen in proceedings conducted before that particular court of justice,

thePeople's Ombudsman in proceedings provided by Article 92 of the Constitution of theRepublicofCroatia.

(1) If the representative body of the unit of local and regional self-government in the Republic of Croatia considers that a law regulating theorganisation, competence or financing of units of local and regional self-government is not in accordance with the Constitution, it may present a request with the Constitutional Court to review the constitutionality of that law or some of its provisions.

(2) TheConstitutional Courtshall decide on the request in paragraph 1 of this Article using emergency procedure within a term of 30 days after the request was filed.

(1) If a court of justice in its proceedings determines that thelaw to be applied, or some of its provisions, arenot in accordance with the Constitution, it shall stop the proceedings and present a request with theConstitutional Courtto review the constitutionality of the law, or some of its provisions.

(2) If the court of justice in its proceedings determines that another regulation to be applied, or some of its provisions, are not in accordance with the Constitution and the law, it shall directly apply the law to that specific case and shall present a request with the Constitutional Court to review the constitutionality and legality of the disputed regulation or some of its provisions.

(3) TheConstitutional Courtshall inform the Supreme Court of theRepublicofCroatiaabout the requests lodged in paragraphs 1 and 2 of this Article.

(1) Every individual or legal person has the right to propose the institution of proceedings to review the constitutionality of the law and the legality and constitutionality of other regulations.

(2) TheConstitutional Courtitself may decide to institute proceedings to review the constitutionality of the law and the review of constitutionality and legality of other regulations.

(1) The request for review of the constitutionality of the law or the constitutionality and legality of other regulations shall contain the naming of the provisions the constitutionality, respective the legality, of which is being disputed, the naming of the provisions of the Constitution or the law for which the request asserts to be violated, the reasons to assert that the disputed regulation was not in accordance with the Constitution, respective the law, and the signature and seal of the presenter.

(2) In the request, the presenter may include the other evidence of significance for adjudication of the matter, and his/her opinion whether the disputed regulation should be repealed or annulled.

(3) The request for review of the constitutionality and legality of another regulation shall enclose the disputed act.

(1) The proposal to institute proceedings to review the constitutionality of the law or the constitutionality and legality of other regulations contains, as a rule, the same as the request.

(2) TheConstitutional Courtshall institute proceedings within a term of one year after the proposal has been lodged.

Every request, respective a proposal to institute the proceedings to review the constitutionality of the law or the constitutionality and legality of the other regulation shall be assigned to the judge-rapporteurfor elaboration by the president of theConstitutional Court.

(1) On the proposal of the judge-rapporteurtheConstitutional Courtmay send the request, respective the proposal to the body which had brought the disputed regulation for a response.

(2) If the body mentioned in paragraph 1 of this Article does not respond during the term of 60 days, theConstitutional Courtshall forward the proceedings.

(1) Upon the proposal that the Constitutional Court institutes proceedings for review of the constitutionality of the law and the review of constitutionality and legality of other regulations, the Constitutional Court at its Session adopts the ruling whether to accept the proposal and institute proceedings.

(2) TheConstitutional Courtshall inform the applicants on the institution of proceedings, respective the refusal of the proposal as might be the case.

(3) The ruling to institute the proceedings to review the constitutionality of the law shall be published in the Official GazetteNarodnenovine.

(1) The proceedings to review the constitutionality of the law or the constitutionality and legality of other regulations shall be considered instituted on the day the request was received by theConstitutional Court, respective on the day of handing it to the post office as registered mail.

(2) The proceedings to review the constitutionality of the law and the constitutionality and legality of other regulations upon the proposal shall be considered instituted on the day the ruling to institute the proceedings was brought.

TheConstitutional Courtmay, until the final decision, temporarily suspend the execution of the individual decisions or actions undertaken on the grounds of the law or the other regulation, the constitutionality respective the legality of which is being reviewed, if their execution might cause grave and irreparable consequences.

(1) When the case has been elaborated in such a manner as to enable theConstitutional Courtto decide the substance of the matter, the judge-rapporteursubmits the draft decision or ruling on the case to the president of theConstitutional Court.

(2) The draft decision or ruling shall contain the information on the request or the proposal, on the procedural actions undertaken, on principal facts and legal matters, the opinions received and the opinion whether the case may be decided at the Session without a public hearing or the public hearing should be convoked.

(1) The president of theConstitutional Courtputs the received draft decision or ruling on the schedule of the Constitutional Court Session in order to decide the case.

(2) Unless theConstitutional Courtdecides differently, the secretary general and theConstitutional Courtlegal advisers and the director of the Office of Records and Documentation are present at the Session and may take part in deliberations.

(3) Journalists and the media reporters may be present at the Session and the public hearing as well as the other gatherings in theConstitutional Court.

(4) Permission of the president of theConstitutional Courtis required for television transmission and radio broadcasting from theConstitutional Court.

(1) At the Session, the judge-rapporteurorally explains the draft decision or ruling and gives additional clarifications if necessary.

(2) The judge may authorize a legal adviser to present the case to the Session.

(3) After that, the president of theConstitutional Courtopens the floor for a discussion.

(4) When the discussion of the case is completed, the president puts the proposal of the judge-rapporteuron for deciding, and then the other proposals presented in the discussion of the case as well.

(5) If theConstitutional Courtdoes not accept the proposal of the judge-rapporteur, it may return the draft decision or ruling to the judge-rapporteurfor a supplement or authorize the other judge to elaborate another opinion.

(1) The Constitutional Court holds a consultative session if it considers that a discussion with participants in the proceedings, governmental bodies, bodies of local and regional self-government, associations, scientists and other experts, is needed before deciding on the substance of the matter.

(2) The consultative session may be also convoked by the judge-rapporteur, about which he is due to inform the president of theConstitutional Court.

(1) TheConstitutional Courtin Session may conclude to make the decision on the substance of the matter on the grounds of a public hearing.

(2) A public hearing is convoked by the president of theConstitutional Court.

(3) The participants in the proceedings and the representatives of the state bodies, the bodies of local and regional self-government and associations, as well as the persons whose participation at the public hearing is needed, are summoned to the public hearing.

(4) Failure of the summoned participants in the proceedings and other persons to appear does not prevent theConstitutional Courtfrom continuing the proceedings and making the decision if it is of an opinion that the conditions for this exist.

(5) In justified circumstances theConstitutional Courtmay postpone a public hearing and convoke the new one.

(1) The president of theConstitutional Courtconducts the public hearing, while the judge-rapporteurreports on the principal facts and the legal matters of the case.

(2) The written record of the public hearing is conducted. The written record is conducted by theConstitutional Courtlegal adviser who has cooperated with the judge in the elaboration of the case. The public hearing isstenotypedor audio recorded unless the president of theConstitutional Courtdecides differently. The audio record of the public hearing is enclosed with the written record.

(3) The written record of the public hearing shall be signed by the president of theConstitutional Courtand the legal adviser who has conducted the record.

When theConstitutional Courtholds that the case has been discussed to the extent, which enables rendering the decision, the president of theConstitutional Courtshall proclaim the hearing concluded.

(1) TheConstitutional Courtrenders the decision at a separate Session.

(2) The Session of theConstitutional Courtmay be held if the majority of all judges are present.

(3) The summary of the case, the decision on the case and the result of voting (who has voted "for" and who "against") are entered into the written record of the Session.

TheConstitutional Courtmay review the constitutionality of the law, respective the constitutionality and legality of other regulations even in the case when the same law or regulation has already been reviewed by theConstitutional Court.

(1) TheConstitutional Courtshall repeal a law, or some of its provisions, if it finds that it is not in accordance with the Constitution; or another regulation, or some of its provisions, if it finds that it is not in accordance with the Constitution and the law.

(2) The repealed law or other regulation, or their repealed separate provisions, shall lose legal force on the day of publication of theConstitutional Courtdecision in the Official GazetteNarodnenovine, unless theConstitutional Courtsets another term.

(3) TheConstitutional Courtmay annul a regulation, or its separate provisions, taking into account all the circumstances important for the protection of constitutionality and legality, and especially bearing in mind how seriously it violates the Constitution or the law, and the interest of legal security:

ifit violates the human rights and fundamental freedoms guaranteed by the Constitution,

if, without grounds, it places some individuals, groups or associations in a more or a less privileged position.

(1) The Constitutional Court may review the constitutionality of a law, and the constitutionality and legality of another regulation, or some of their provisions, even though they are no longer in legal force, if no more than a year elapsed between the date they went out of force and the date when the request or proposal to initiate proceedings was lodged.

(2) If in its proceedings of review it establishes that the act in paragraph 1 of this Article is not in accordance with the Constitution or the law, theConstitutional Courtshall pass a decision declaring the unconstitutionality of the law, or the unconstitutionality and illegality of another regulation, or some of their provisions.

(3) In the case of paragraph 2 of this Article the provisions of Articles 58 and 59 of this Constitutional Act shall accordingly be applied.

(1) In case when the proceedings to review the constitutionality of the law, respective of the constitutionality and legality of the other regulation have been instituted before the Constitutional Court, and the competent body repeals or amends this law, respective the other regulation prior to the proceedings before the Constitutional Court have been concluded, the Constitutional Court shall complete the instituted proceedings.

(2) In case when the unconstitutionality of the repealed or amended law, respective the unconstitutionality or illegality of another regulation mentioned in paragraph 1 of this Article is ascertained, the Constitutional Court shall bring the decision on its unconstitutionality or illegality, upon which everyone whose right has been violated by a final individual act grounded on the repealed or amended law or another regulation, has the right to request from the competent body to change this individual act by an analogous application of the provisions of Article 58 of this Constitutional Act.

(1) The final sentence for a criminal offence grounded on a legal provision that has been repealed because it is not in accordance with the Constitution does not produce legal effects from the date when the Constitutional Court decision repealing the provision of the law on the basis of which the sentence was passed enters into force, and the final sentence may be changed by the appropriate application of the provisions on renewing criminal proceedings.

(2) Every individual or legal person who lodged with the Constitutional Court a proposal to review the constitutionality of the provision of a law, or the constitutionality and legality of the provision of another regulation, and the Constitutional Court accepted the proposal and repealed the provision of the law, or the provision of another regulation, has the right to submit a request to the competent body to change the final individual act whereby his/her right was violated, and which was passed on the basis of the repealed provision of the law, or the repealed provision of the other regulation, by the appropriate application of the provisions on renewing proceedings.

(3) Every individual or legal person whose right has been violated by a final individual act grounded upon the repealed provision of another regulation has the right to submit a request to the competent body to change that individual act by the appropriate application of the provisions on renewing proceedings.

(4) The request for changing the final individual act in paragraphs 2 and 3 of this Article may be submitted within a term of six months from the day when theConstitutional Courtdecision was published in the Official GazetteNarodnenovine.

(5) In proceedings in which no final decision was passed before the date of the entry into force of the Constitutional Court decision repealing the law, or annulling or repealing another regulation, or some of their provisions, and this law or other regulation were to be directly applied in the legal matter, the repealed law or annulled or repealed other regulation, or their repealed or annulled provisions, shall not be applied from the date when the Constitutional Court decision enters into force.

If the final court sentence for a criminal act grounded on a legal provision that has been repealed has produced legal effects, or if by changing the final individual act in Article 58, paragraphs 2 and 3, of this Constitutional Act the damaging effects that are the consequence of the violation of the party's rights cannot be redressed, the party may within the term in Article 58, paragraph 4, of this Constitutional Act lodge a request with the competent court to redress these effects by compensation for damage.

When the court of justice by the final judgment has refused to apply the regulation because of its unconstitutionality or illegality, but the Constitutional Court finds that such unconstitutionality, respective illegality does not exist, everyone whose right has been violated may request a change of the final judgment of the court during the term of one year from the publication of the Constitutional Court decision.

TheConstitutional Courtmay end the proceedings if the applicant withdraws the request, respective the proposal, and shall do so in the cases when the requirements for the conduct of proceedings cease to exist.

V. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

(1) Everyone may lodge a constitutional complaint with the Constitutional Court if he deems that the individual act of a state body, a body of local and regional self-government, or a legal person with public authority, which decided about his/her rights and obligations, or about suspicion or accusation for a criminal act, has violated his/her human rights or fundamental freedoms guaranteed by the Constitution, or his/her right to local and regional self-government guaranteed by the Constitution (hereinafter: constitutional right).

(2) If some other legal remedy is provided against violation of the constitutional rights, the constitutional complaint may be lodged only after this remedy has been exhausted.

(3) In matters in which an administrative dispute is provided, respective a revision in civil or extra-litigation procedure, remedies are exhausted after the decision has been rendered upon these legal remedies.

(1) The Constitutional Court shall initiate proceedings in response to a constitutional complaint even before all legal remedies have been exhausted in cases when the court of justice did not decide within a reasonable time about the rights and obligations of the party, or about the suspicion or accusation for a criminal offence, or in cases when the disputed individual act grossly violates constitutional rights and it is completely clear that grave and irreparable consequences may arise for the applicant if Constitutional Court proceedings are not initiated.

(2) If the decision is passed to adopt the constitutional complaint for not deciding in a reasonable time in paragraph 1 of this Article, the Constitutional Court shall determine a deadline for the competent court of justice within which that court shall pass the act meritoriously deciding about the applicant's rights and obligations, or the suspicions or accusation of a criminal offence. Such deadline for passing the act shall begin to run on the day following the date when theConstitutional Courtdecision is published in the Official GazetteNarodnenovine.

(3) In the decision in paragraph 2 of this Article, the Constitutional Court shall determine appropriate compensation for the applicant for the violation of his/her constitutional right committed by the court of justice by not deciding within a reasonable time about his/her rights and obligations, or about the suspicions or accusations of a criminal offence. The compensation shall be paid from the state budget within a term of three months from the date when the applicant lodged a request for its payment.

The constitutional complaint may be submitted during the term of 30 days from the day the decision was received.

(1) The constitutional complaint shall contain the name and surname, the personal identification number of the citizen, the domicile or temporary residence, respective the firm and the seat of the applicant of the constitutional complaint, the name and surname of his/her representative, the title of the disputed decision, the title of constitutional right that is claimed to have been violated, with indication of the relevant constitutional provision guaranteeing this right, the evidence that the legal remedies have been exhausted and that the complaint is timely submitted as well as the signature of the applicant.

(2) The disputed act in original or in a certified transcript shall be enclosed with the constitutional complaint.

(1) The Constitutional Court shall permit restitution into the previous state to the person who for the justified reasons has omitted the term for submission of the constitutional complaint, if during the term of 15 days after the cessation of the reason which has caused the omission he submits the proposal for restitution into the previous state and at the same time submits the constitutional complaint.

(2) After the expiration of three months from the day of omission, the restitution into the previous state may not be sought.

(3) Restitution into the previous state shall not be permitted if the term for submission of the proposal for permission of restitution into the previous state has been omitted.

(1) The constitutional complaint, as a rule, does not prevent the application of the disputed act.

(2) TheConstitutional Courtmay, on the proposal of the applicant, postpone the execution of court of justice decision until the decision is made, if the execution would cause to the applicant such damage, which could hardly be repaired, and the postponement is not contrary to the public interest nor would the postponement cause to anyone greater damage.

(1) A Chamber composed of six judges shall decide about a constitutional complaint.

(2) A Chamber composed of three judges shall decide about constitutional complaints when procedural requirements for deciding upon them do not exist (late, unauthorized to lodge a constitutional complaint, inadmissible etc.).

(3) The Chamber shall decide unanimously and with all its members present.

(4) If the Chamber does not reach a unanimous decision, or if the Chamber holds that the matter of the constitutional complaint is of broader significance, the Session of theConstitutional Courtshall decide on the constitutional complaint.

The judge-rapporteur:

invites the applicant, ordering the term, to supplement the constitutional complaint or to correct it if not understandable, respective if after the evidence and the enclosures it cannot be ascertained from the constitutional complaint which act is disputed or if the constitutional complaint has not been signed (incomplete constitutional complaint),

delivers, as may be needed, a copy of the constitutional complaint to the interested persons and invites them to respond to it,

demands, as may be needed, the delivery of the file which relates to the matter of the constitutional complaint, respective the report on the violations of the constitutional rights done by the disputed act.

During the ordered term, the body which had brought the disputed act is due to deliver to theConstitutional Courtall the documents related to the matter of the constitutional complaint.

(1) The Chamber, respective the Session of theConstitutional Courtshall examine only the violations of constitutional rights which are stated in the constitutional complaint.

(2) A constitutional complaint shall not be considered in cases when it does not deal with the violation of a constitutional right.

(3) A Chamber composed of three judges shall pass the decision in paragraph 2 of this Article. If the Chamber does not reach a unanimous decision, a Chamber composed of six judges, i.e. the Session of theConstitutional Court, shall pass the decision.

TheConstitutional Courtshall reject the constitutional complaint by a ruling if it is not competent, if the constitutional complaint has not been timely submitted, or if it is incomplete, not understandable or not permissible. The constitutional complaint is not permissible: if the provided legal remedies are not exhausted, respective if the applicant has omitted to use the provided legal remedy in the previous procedure, with the exception provided for in Article 63 of this Constitutional Act; if the complaint has been submitted by the person not entitled to submit it, and if the complaint has been submitted by a legal person who cannot be entitled to the constitutional rights.

(1) TheConstitutional Courtresolves the constitutional complaint by the decision.

(2) By the decision, the constitutional complaint shall be accepted or refused as not grounded.

If ascertained that the constitutional right of the applicant has been violated not only by the disputed, but also by some other act brought in this matter, the Constitutional Court shall repeal by the decision, as a whole or in part, and this act as well.

The constitutional complaint shall be refused by the decision when theConstitutional Courtascertains that the reasons for which the act has been disputed do not exist.

(1) By its decision to accept a constitutional complaint, theConstitutional Courtshall repeal the disputed act by which a constitutional right has been violated.

(2) If the competent judicial or administrative body, body of a unit of local and regional self-government, or legal person with public authority, are obliged to pass a new act to replace the act that was repealed by the decision in paragraph 1 of this Article, the Constitutional Court shall return the matter to the body that passed the repealed act for renewed proceedings. If the law regulating competency for proceeding in that legal matter was changed before theConstitutional Courthad passed its decision, the body that conducted the proceedings and passed the repealed act shall without delay refer the matter to the competent body.

(3) If the disputed act that violated the constitutional right of the applicant no longer produces legal effect, theConstitutional Courtshall pass a decision declaring its unconstitutionality, and state in the dictum which constitutional right of the applicant had been violated by that act.

(1) When the constitutional complaint is accepted and the disputed act repealed, theConstitutional Courtshall state in the reasons for the decision which constitutional right has been violated and what makes the violation.

(2) When passing the new act from Article 76, paragraph 2, of this Constitutional Act, the competent judicial or administrative body, body of a unit of local and regional self-government, or legal person with public authority, is obliged to obey the legal opinion of the Constitutional Court expressed in the decision repealing the act whereby the applicant's constitutional right was violated.

(1) The original of the decision, respective the ruling, shall be signed by the president of the Chamber (if the constitutional complaint has been decided by the Chamber), respective the president of the Constitutional Court (if the constitutional complaint has been decided by the Session of the Constitutional Court) as well as the judge-rapporteurand the legal adviser.

(2) The Constitutional Court shall deliver the certified transcript of its decision, respective the ruling to the applicant of the constitutional complaint, to the body which has brought the disputed act and to the person whom the Constitutional Court has invited to respond.

The proceedings instituted by the constitutional complaint shall end:

whenthe applicant dies,

whenthe applicant, who is a legal person ceases to exist,

incase the constitutional complaint is withdrawn.

The Constitutional Court may order that the applicant of the constitutional complaint who has not succeeded with his/her complaint reimburses the expenses of the proceedings before the Constitutional Court if he/she has caused them intentionally.