Constitutional Adjudication in Central Europe

Constitutional Adjudication in Central Europe Presented by: Prof. Dr. Zoltán Date: 27 September 2023 Starting Point - Scope of the research: competences of the CE Constitutional Courts in 8 countries (Croatia, the Czech Republic, Hungary, Poland, Romania, Serbia, Slovakia, Slovenia). - Meaning of the concept of constitutional adjudication - in a broad sense • [Constitutional review is a system whereby judicial or quasi-judicial bodies can set aside and invalidate the democratically enacted laws on the basis of their alleged inconsistency with constitutional norms" (Sadurski)] - Kelsenian type of adjudication - mostly Classification of powers of the CE CCS - Five (plus one) powers of concentrated constitutional courts: • 1) Norm Control  1/A) abstract norm control o Ex ante review o Ex post review  1/B concrete norm control o Judicial initiative o Concrete norm control on the motion of the concerned persons • 2) Fundamental Rights Adjudication • 3) Resolution Of Conflicts Of Competence • 4) Adjudication Functioning Of The State Regarding The • 5) Deciding On Election Disputes • +1) Interpretation Of The Constitution Ex Ante Review Croatia Czech Republic Hungary Poland Romania Serbia Slovakia Slovenia Only in relation to international conventions Both international treaties and bills of parliament + constitutionality of the initiatives for the amendment of the Constitution + Standing Orders of the Parl Both international treaties and bills of parliament Both international treaties and bills of parliament + constitutionality of the initiatives for the amendment of the Constitution Adopted but not yet promulgated laws + constitutionality or legality of a decision of an autonomous province authority Only in relation to international conventions Only in relation to international conventions Ex Post Review Croatia Czech Republic Hungary Poland Romania Serbia Slovakia Constitutionality of laws and the legality of lower-level norms (actio popularis!) Constitutionality of laws and the legality of lower-level norms Constitutionality of laws and the constitutionality of lower-level norms + constitutionality of international treaties and of uniformity decisions + conflict of domestic laws with international conventions (+ SC: legality of local gov. Decrees) Constitutionality of laws and lower-level norms + constitutionality of international treaties + conformity of statutes and decrees with international conventions Constitutionality of laws and ordinances + constitutionality of Standing Orders Constitutionality of laws and lower-level norms + constitutionality of international treaties and international standards + conformity of statutes and decrees with international conventions Constitutionality of laws and lower-level norms + constitutionality of international treaties + conformity of statutes and decrees with international conventions Constitutionality of laws and lower-level norms + constitutionality of international treaties and international standards + conformity of statutes and decrees with international conventions Slovenia Concrete Norm Control Concrete N. Control Croatia Czech Republic Hungary Poland Romania Serbia Slovakia Slovenia Judicial Initiative + + The 'Real' Const. C. Croatia Czech Republic Hungary Poland Romania Serbia Slovakia Slovenia + + + + + + Const. Complain Against C.C Against Direct A Court Decision Other Complaint + + (in conn. with real const. comp.) + + + + + + + + + Against Decisions + + + Court Against Other + + - + + + + + + Resolution Of Conflicts Of Competence - Positive - Negative Specialties + in defense of jud. ind. standig: also public bodies + against jud. om. + against jud. om. Adjudication Regarding The Functioning Of The State - Removing public officials from office - Banning political parties Deciding On Election Disputes; - Electoral disputes or declaring the incorrectness of election results - Referendum disputes or confirming the final result of referenda etc. - Confirmation of a parliamentary mandate Conclusion - similarity of powers of CE CCs: • ex ante review • ex post review • concrete norm control • real const. complaint • jurisdictional disputes • adjudication regarding the functioning of the state • electoral jurisdiction