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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 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. 


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.