CHAPTER 13
THE CONSTITUTIONAL COURT
Article 86 — Role of the Constitutional Court
The Constitutional Court is the guardian of the supremacy, direct effect, and integrity of the Constitution.
The Constitutional Court shall: a) review the constitutionality of laws before they enter into force; b) review the constitutionality of constitutional amendments before referendum and promulgation; c) hear individual constitutional complaints; d) resolve constitutional disputes between state institutions, including jurisdictional conflicts between the Supreme Court and the Constitutional Court regarding the appropriate forum for any matter; the Constitutional Court’s determination of its own jurisdiction is final and not subject to review by any other court; e) review the constitutionality of referendum questions and direct-democracy procedures; f) review the constitutionality of emergency measures; g) exercise other powers provided by this Constitution.
The Constitutional Court is independent and bound only by the Constitution.
Article 87 — Composition of the Constitutional Court
The Constitutional Court shall consist of nine (9) judges appointed as follows: a) three (3) judges elected by the Lower House by a two-thirds majority — one hundred (100) of one hundred fifty (150) deputies; b) three (3) judges elected by the Upper House by a two-thirds majority — fourteen (14) of twenty (20) senators; c) three (3) judges appointed by the Judicial Council of the Republic.
No single institution may appoint a majority of the Court. The appointment formula established in paragraph 1 may not be altered except by constitutional amendment.
Judges of the Constitutional Court shall serve a single non-renewable term of nine (9) years. To ensure continuity, terms shall be staggered: three judges from each appointing group shall be replaced every three years. Upon first establishment of the Court, the appointing bodies shall by agreement designate three judges to serve initial terms of three, six, and nine years respectively.
A vacancy arising before expiry of a term shall be filled by the original appointing body within sixty (60) days. The replacement judge serves only the remainder of the vacant term.
The nine judges of the Constitutional Court shall elect a President of the Constitutional Court from among themselves by secret ballot for a term of three (3) years, renewable once within the same judicial term. The President presides over hearings and administers the Court.
Article 88 — Qualifications of Constitutional Court Judges
A judge of the Constitutional Court must: a) be a citizen of the Republic; b) possess distinguished legal competence and integrity; c) have at least fifteen (15) years of professional experience in constitutional law, judicial service, legal scholarship, or senior legal practice; d) not be a member of a political party at the time of appointment and shall resign from any party membership upon appointment; e) not hold any incompatible office and shall resign from any such office before taking the judicial oath.
Constitutional law may establish additional objective qualifications consistent with the dignity and independence of the office.
Article 89 — Term and Status of Constitutional Court Judges
Judges of the Constitutional Court shall serve a single non-renewable term of nine (9) years as established in Article 87(3).
A judge of the Constitutional Court may not be removed except on the grounds established in Article 78(2) of this Constitution, through a procedure initiated by the Judicial Council of the Republic and decided by a two-thirds vote of the remaining judges of the Constitutional Court.
During their term, judges of the Constitutional Court shall enjoy guarantees of independence, irremovability, and remuneration no less than those of Supreme Court justices. Their salaries may not be reduced during their term.
For five (5) years after the expiry of their term, former judges of the Constitutional Court may not hold elected political office, serve as a minister, or accept appointment to any senior executive position.
Article 90 — Initiation of Abstract Constitutional Review
The following may initiate abstract review before the Constitutional Court: a) the Supreme Court; b) the Ombudsman; c) the Government, through the Prime Minister; d) at least twenty (20) deputies of the Lower House; e) at least five (5) senators of the Upper House; f) the Upper House acting by absolute majority — eleven (11) of twenty (20) senators; g) citizens through a constitutional petition signed by at least fifty thousand (50,000) registered voters, verified by the Independent Electoral Authority within thirty (30) days of submission.
All abstract review applications shall be submitted in writing with stated constitutional grounds. The Constitutional Court shall decide on admissibility within fourteen (14) days and shall not reject an admissible application on procedural grounds alone.
Article 91 — Mandatory Preliminary Review
The following shall be subject to mandatory review by the Constitutional Court before entry into force: a) constitutional amendments; b) constitutional laws; c) laws on elections and referendums; d) laws on emergency powers; e) laws affecting the judiciary, the Constitutional Court, media freedom, political parties, or the limitation of rights; f) referendum questions proposed for national vote.
A law subject to mandatory review shall not enter into force unless declared constitutional. The Constitutional Court shall complete mandatory review within thirty (30) days of referral for ordinary laws and within forty-five (45) days for constitutional amendments and constitutional laws. These deadlines may be extended once by up to fifteen (15) days by reasoned order of the Court.
Article 92 — Individual Constitutional Complaint
Any person claiming that a law, legal act, judicial act, or omission of public authority has violated a constitutional right or freedom may submit an individual constitutional complaint under conditions established by constitutional law.
Access to constitutional complaint shall not be restricted by excessive formalism.
Constitutional law may require exhaustion of effective ordinary remedies, except where: a) such remedies are unavailable; b) delay would cause irreparable harm; c) the complaint raises a pure constitutional question of urgent public importance.
The Constitutional Court may grant effective relief and may annul unconstitutional norms or acts within its jurisdiction.
Article 93 — Decisions of the Constitutional Court
Decisions of the Constitutional Court are final, binding, and directly enforceable throughout the Republic.
A law or provision declared unconstitutional may not enter into force or, if already in force under a constitutionally permitted procedure, shall cease to have effect in the manner determined by the Court.
Public authorities shall take all measures necessary to implement Constitutional Court decisions fully within thirty (30) days of the decision, unless the Court specifies a different implementation period. Where implementation requires legislation, Parliament shall introduce the necessary bill within sixty (60) days.
Failure to comply with a decision of the Constitutional Court constitutes a grave constitutional violation. The Constitutional Court may refer non-compliance to the Prosecutor General for criminal prosecution and to the Lower House for constitutional responsibility proceedings against the responsible official.
Article 94 — Publication and Transparency
Hearings of the Constitutional Court shall be public unless closure is strictly necessary under constitutional standards.
All decisions, dissenting and concurring opinions, procedural orders, and hearing schedules shall be published in full in accessible digital form within seven (7) days of issuance. Decisions shall be searchable in a public constitutional justice database.
Constitutional justice shall be intelligible to the public and supported by open constitutional reasoning.