Constitutional Court

The Constitutional Court is the supreme body of constitutional review, ensuring the supremacy of the Constitution and protecting the constitutional rights of citizens. Its decisions are final, binding, and take effect immediately after pronouncement.

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Role of the Court

The Constitutional Court is the central institution of constitutional review. Its purpose is to ensure that laws and other legal acts comply with the Constitution.

It protects:

  • the supremacy of the Constitution
  • the constitutional order
  • the rights of citizens in constitutional matters

Composition and appointment

Under the constitutional model:

  • the Chair of the Constitutional Court is appointed by the President
  • judges are appointed through the constitutional procedure defined by the new system
  • the institution is designed to operate independently from day-to-day political influence

Guarantees of independence

Judicial independence is supported by several constitutional safeguards:

  • irremovability except in constitutionally defined cases
  • immunity from arbitrary prosecution
  • financial independence
  • constitutional status separate from ordinary political organs

Powers

The Constitutional Court may:

  • review the constitutionality of legal acts
  • interpret constitutional provisions where required
  • protect citizens through constitutional review procedures
  • remove unconstitutional acts from legal application

Legal force of decisions

Decisions of the Constitutional Court are:

  • final
  • not subject to appeal
  • binding on all state bodies, organizations, and citizens
  • effective immediately from the moment of pronouncement

If the Court declares an act unconstitutional, that act loses legal force and cannot be applied.

Why this matters

Without a strong Constitutional Court, constitutional guarantees would remain abstract. The Court turns the Constitution into an enforceable legal standard.

Key facts

  • The Constitutional Court is the supreme organ of constitutional review
  • Its decisions are final and binding
  • It protects constitutional supremacy and citizens’ constitutional rights
  • Independence is supported by irremovability, immunity, and financial safeguards
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