Myth: 'If the Law Says So, the Constitution Doesn't Matter'

The myth

"An official says: 'I am entitled to do this under the law.' So everything is lawful – what does the Constitution have to do with it?"

The facts

The Constitution stands above any law. This is the principle of supremacy.

The hierarchy is simple:

1. Constitution – the supreme legal act
2. Constitutional laws – subordinate to the Constitution
3. Ordinary laws – subordinate to both the Constitution and constitutional laws
4. Decrees, resolutions, orders – subordinate to everything above

If an ordinary law contradicts the Constitution, it has no legal force.

How this works:

1. Parliament adopts a law
2. The law contains a provision that violates a constitutional right
3. A citizen applies to the Constitutional Court (free of charge, via eGov)
4. The CC reviews the law
5. If the contradiction is confirmed, the provision loses its force for all citizens, not only for the applicant

Three real-life situations:

• An official says: "I am entitled to do this under the law" → if the law contradicts the Constitution, he is not
• An employer cites an internal order → an order ranks below the Constitution
• A police officer cites an instruction → the instruction ranks below the law, and the law ranks below the Constitution

What to do:

• In court – cite the specific article of the Constitution directly
• At the CC – ask it to review the constitutionality of the law (free of charge, no lawyer required)
• At the Prosecutor's Office – report the application of an unconstitutional provision

Why this myth exists

Decades of practice in which "the law is the law" meant "don't argue with the state." The Constitutional Council (before 2023) was inaccessible to citizens. The Constitutional Court was restored in 2023 and accepts applications from anyone. But the habit of "not arguing with the law" is still stronger than knowledge of one's rights.

• The Constitution stands above any law, decree, and order
• An unconstitutional law loses its force after a CC ruling – for all citizens
• CC applications are free, submitted via eGov; no lawyer required
• The Constitutional Court has been operating since 2023 and has already struck down unconstitutional provisions