Upon the deliberation and voting, the Constitutional Court shall take decisions as follows:
- on the admissibility of a request/appeal;
- on the admissibility and the merits of a request/appeal (full or partial);
- on the discontinuation of the proceedings;
- on an interim measure.
In a decision granting an appeal, the Constitutional Court shall quash the challenged decision and refer the case back to the court or to the body which took that decision, for renewed proceedings, unless the consequences of violation of the constitutional rights may be removed in some other manner.
The court or the body that took the quashed decision is obligated to refer the case to the competent court or body immediately, if the law that regulates the competence in the respective legal matter was amended prior to the decision of the Constitutional Court.
In reasoning adduced for its decision, the Constitutional Court shall specify which constitutional right has been violated and it shall explain the violation.
The court or the body whose decision has been quashed is obligated to take another decision and, in doing so, it shall be bound by the legal opinion of the Constitutional Court concerning the violation of the appellant’s the rights and freedoms guaranteed under the Constitution.
The Constitutional Court may, of its own motion or at the request of an applicant or appellant, adopt any interim measure it deems necessary in the interest of the parties or the proper conduct of the proceedings before the Constitutional Court. A request for interim measure may be lodged by the party to the proceedings before the Constitutional, provided that he/she previously requested, in accordance with the possibilities prescribed by the law, postponement of enforcement of decisions made by the ordinary courts or administrative authorities in the proceedings conducted before those courts or authorities (Articles 57 and 62 of the Rules).
As a rule, the decisions are remitted within a time limit of 30 days from the date of the adoption thereof.
All DECISIONS OF THE CONSTITUTIONAL COURT are posted on the official website.
