Terms for lodging a constitutional complaint from the viewpoint of § 75 par. 2 of the Constitutional Court Act

Vol.3,No.3(1995)

Abstract
In its contribution, the author analyse the legal terms, fixed by the Act 182/1993 Coll. on the Constitutionai Court, for lodging a constitutional complaint. He distinguishes the general terms and the special terms which are not valid, unless strictly set conditions are compiled with. On the basis of the analysis if this field beginning practice the author comes to the conclusion that the possibility of using the special provisions on constitutionai compiaint that facilitate to file a constitutional compiaint before using all other procedural means and within longer terms than the general sixty days is very rarely exploited. He emphasises the appropriate restrictive approach of the Constitution Court. At the same time he refers to the fact that the application of these provisions does not break the principle of the common courts independence. The Constitutional Court decides here the question of constitutionality, therefore it does not replace the common courts' decision.

Pages:
129–137
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