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Types of Proceedings

Home > Jurisdiction & Proceedings > Types of Proceedings > Abstract Review of the Constitutionality of Statutes and Regulations
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Jurisdiction & Proceedings
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The state organs of the highest level, the Legislators, the courts and the people that believe that a law is in contravention of the Constitution may petition the Constitutional Court to declare the impugned law unconstitutional pursuant to the requirements set out in the Constitutional Court Procedure Act.

  1. A highest state organ which, in the exercise of its powers or on account of its subordinate agency's exercise of powers, considers that the applicable statutory laws or regulations are in contravention of the Constitution may petition the Constitutional Court to declare the impugned laws or regulations unconstitutional.

    In the exercise of powers within its competence, an independent agency that is equivalent to the second-level agency as provided for by the Basic Act Governing the Organization of the Central Administrative Agencies may also petition the Constitutional Court to declare the applicable statutory laws or regulations unconstitutional if it considers that such provisions are in contravention of the Constitution.

  2. A quarter or more of the incumbent Legislators who, in the exercise of their powers, believe that a relevant statutory law is in contravention of the Constitution may petition the Constitutional Court to declare the impugned statutory law unconstitutional.

  3. A court which firmly believes, on reasonable grounds, that an applicable statutory law of a pending case is in contravention of the Constitution may petition the Constitutional Court to declare the impugned applicable statutory law unconstitutional.
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