§ Article 168(untitled)

Powers of the Constitutional Court

The Constitutional Court, as prescribed by the Law on the Constitutional Court, shall:

 (1) determine the compliance of laws, decisions of the National Assembly, decrees

 and executive orders of the President of the Republic, decisions of the

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Government and the Prime Minister, and secondary regulatory legal acts with the

Constitution;

(2) prior to the adoption of draft amendments to the Constitution, as well as draft

legal acts put to referendum, determine the compliance thereof with the

Constitution;

(3) prior to the ratification of an international treaty, determine the compliance of

the commitments enshrined therein with the Constitution;

(4) settle disputes arising between constitutional bodies with respect to the

constitutional powers thereof;

(5) settle disputes related to decisions adopted upon the results of a referendum,

those of the elections of the National Assembly and President of the Republic;

(6) render a decision on termination of the powers of a Deputy;

(7) render an opinion on the existence of grounds for removing the President of

the Republic from office;

(8) render a decision on the impossibility of exercising the powers of the

President of the Republic;

(9) decide on the issue of subjecting a judge of the Constitutional Court to

disciplinary liability;

(10) decide on termination of the powers of a judge of the Constitutional Court;

(11) decide on giving consent for initiating criminal prosecution against a judge of

the Constitutional Court or depriving him or her of liberty with respect to the

exercise of his or her powers;

(12) render a decision, in the cases prescribed by law, on suspending or

prohibiting the activities of a political party.

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Article 169. Applying to the Constitutional Court

1. The following may apply to the Constitutional Court:

 (1) the National Assembly — in the cases prescribed by point 12 of Article 168 of

 the Constitution, and in the case prescribed by point 7 of Article 168 of the

 Constitution upon the decision adopted by majority of votes of the total number of

 Deputies, whereas in the case prescribed by point 10 of Article 168 of the

 Constitution upon the decision adopted by at least three fifths of votes of the total

 number of Deputies;

 (2) at least one fifth of the total number of Deputies — in the cases prescribed by

 points 1, 4 and 6 of Article 168 of the Constitution;

 (3) a faction of the National Assembly — in respect of disputes related to

 decisions adopted upon the results of a referendum and those of the election of

 the President of the Republic;

 (4) the President of the Republic — in the cases prescribed by part 1 of

 Article 129, part 2 of Article 139, Article 150, as well as points 1 and 4 of

 Article 168 of the Constitution;

 (5) the Government — in the cases prescribed by points 1, 4, 8 and 12 of Article

 168 of the Constitution;

 (6) the Supreme Judicial Council — in the cases prescribed by point 4 of

 Article 168 of the Constitution;

 (7) local self-government bodies — with regard to compliance with the

 Constitution of regulatory legal acts listed in point 1 of Article 168 of the

 Constitution, violating their constitutional rights, as well as in the cases prescribed

 by point 4 of Article 168 of the Constitution;

 (8) everyone — under a specific case where the final act of court is available, all

 judicial remedies have been exhausted, and he or she challenges the

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 constitutionality of the relevant provision of a regulatory legal act applied against

 him or her upon this act, which has led to the violation of his or her basic rights

 and freedoms enshrined in Chapter 2 of the Constitution, taking into account also

 the interpretation of the respective provision in law enforcement practice;

 (9) the Prosecutor General — in respect of the constitutionality of provisions of

 regulatory legal acts related to specific proceedings administered by the

 prosecutor’s office, as well as in the case prescribed by point 11 of Article 168 of

 the Constitution;

 (10) the Human Rights Defender — in respect of the compliance of the regulatory

 legal acts listed in point 1 of Article 168 of the Constitution with the provisions of

 Chapter 2 of the Constitution;

 (11) political parties or alliances of political parties having participated in the

 elections to the National Assembly — in respect of disputes related to decisions

 adopted upon the results of elections to the National Assembly;

 (12) candidates for the President of the Republic — in respect of disputes related

 to decisions adopted upon the results of election of the President of the Republic;

 (13) at least three judges of the Constitutional Court — in the case prescribed by

 point 9 of Article 168 of the Constitution.

2. The National Assembly shall, in the cases prescribed by point 2 of Article 168 of

the Constitution, apply to the Constitutional Court in respect of amendments to the

Constitution, membership in supranational international organisations, or territorial

changes. The authorised representative of a popular initiative shall apply to the

Constitutional Court with regard to the issue of a draft law put to referendum upon

popular initiative.

3. In the case prescribed by point 3 of Article 168 of the Constitution, the

Government shall apply to the Constitutional Court.

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4. Courts shall apply to the Constitutional Court in respect of the constitutionality of

the regulatory legal act applicable in a specific case they are seized of, if they have

reasonable doubts on the constitutionality thereof and find that the adjudication of the

case is possible only through the application of the regulatory legal act.

5. In the case prescribed by point 6 of Article 168 of the Constitution, the Council of

the National Assembly shall apply to the Constitutional Court.

6. The details related to the procedure for applying to the Constitutional Court shall

be prescribed by the Law on the Constitutional Court.

7. The Constitutional Court shall examine a case only in case of availability of the

relevant application.