What direct effect means
Constitutional provisions apply directly – without waiting for supporting legislation. If the Constitution states "everyone has the right to judicial protection," you go to court and cite that article immediately.
Three practical examples
- Freedom of expression: the Constitution guarantees it → you can challenge censorship by citing the Constitution directly, even if the media law is silent on the point
- Inviolability of the home: the police entered without a court order → this is a violation not merely of the Code of Criminal Procedure but of the Constitution itself
- Digital rights (2026 Constitution): from 1 July, you can invoke the constitutional protection of correspondence and personal data even before a separate digital-rights statute is enacted
Why this matters
Without direct effect, the Constitution becomes a declaration: "your rights exist, but please wait for a law." With direct effect, the Constitution works from day one.
How to use it
- Identify which article of the Constitution has been violated
- Cite that specific article in your claim or complaint
- The court must take constitutional provisions into account
- If it ignores them – that is grounds for an appeal
The Constitutional Court as guarantor
If a law contradicts the Constitution, apply to the Constitutional Court. A law found unconstitutional loses its legal force. The Constitution then applies directly in place of the annulled law.