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Law on Constitutional Court

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II. PRESIDENT AND JUDGES OF THE CONSTITUTIONAL COURT

Article 10

(1) The President of the Constitutional Court is elected by secret ballot by the judges of the Constitutional Court from among their own number for a term of three years. The election must be held prior to the expiry of the term of office of the incumbent President of the Constitutional Court.

(2) When absent from office, the President of the Constitutional Court is substituted for by the Vice-President of the Constitutional Court, who is elected for the same term and in the same manner as determined in the preceding paragraph.

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III. POWERS OF THE CONSTITUTIONAL COURT

Article 21

(1) 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 accountability of the President of the Republic referred to in Article 109 of the Constitution, and of the President of the Government and ministers referred to in Article 119 of the Constitution;

- on the unconstitutionality of the acts and activities of political parties;

- on appeals in the procedure for confirming the election of deputies;

- on other matters vested in the Constitutional Court by laws.

(2) In the process of ratifying a treaty, the Constitutional Court issues an opinion on the conformity of such treaty with the Constitution in the manner provided by this Act.

(3) When deciding on the matters referred to in indents one to five of the first paragraph of this article, the Constitutional Court also decides on the constitutionality and legality of the procedures by which these acts were adopted.

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V. CONSTITUTIONAL COMPLAINT

Article 50

(1) Due to a violation of human rights or fundamental freedoms, a constitutional complaint may, under the conditions determined by this Act, be lodged against individual acts by which state authorities, local community authorities, or bearers of public authority decided the rights, obligations, or legal entitlements of individuals or legal entities.

(2) The ombudsman for human rights may, under the conditions determined by this Act, lodge a constitutional complaint in connection with an individual case that he is dealing with.

(3) If a complainant in a constitutional complaint procedure is represented by an authorized representative, he must submit an authorization which is given especially for the constitutional complaint procedure. The authorization must be given after the individual act against which the constitutional complaint is lodged has been served. The second paragraph of Article 24a of this Act applies regarding the transfer of such authorization.

Article 51

(1) A constitutional complaint may be lodged only after all legal remedies have been exhausted.

(2) Before all extraordinary legal remedies have been exhausted, the Constitutional Court may exceptionally decide on a constitutional complaint if the alleged violation is manifestly obvious and if irreparable consequences for the complainant would result from the implementation of the individual act.

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VIII. DECIDING ON THE UNCONSTITUTIONALITY OF THE ACTS AND ACTIVITIES OF POLITICAL PARTIES

Article 68

(1) Anyone may lodge a petition, and the applicants referred to in Article 23 of this Act may submit a request to review the unconstitutionality of the acts and activities of political parties. 

(2) The petition or request must state the disputed acts or factual circumstances regarding the unconstitutional activities of the political party.

(3) The Constitutional Court abrogates the unconstitutional act of the political party by a decision and prohibits the unconstitutional activities of the political party by a decision.

(4) The Constitutional Court may order that the political party be removed from the register of political parties by a two-thirds majority vote of all judges.

IX. DECIDING ON THE CONFIRMATION OF THE ELECTION OF DEPUTIES

Article 69

(1) A candidate or representative of a list of candidates whose appeal against a decision of the commission for elections which may affect the confirmation of the election of a deputy was dismissed by the National Assembly in the procedure for the confirmation of the election of deputies may lodge an appeal before the Constitutional Court. An appeal may also be lodged by a candidate who was elected on the basis of the decision of the commission for elections and the National Assembly did not confirm his election.

(2) The appeal referred to in the preceding paragraph must be lodged within 8 days of the decision of the National Assembly.

(3) If the Constitutional Court decides that the appeal is justified and that the decision of the National Assembly is not in conformity with the Constitution or law, it abrogates the decision of the National Assembly and decides whether the election of the deputy is confirmed.

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