Birth of a law


What happens if it is suspected that a law does not comply with the Constitution?

The Constitutional Court decides about the compliance of the law with the Constitution, with generally accepted rules of international law, and with ratified international treaties.
After a law has been voted on at the National Assembly, and before it has been promulgated and come into force, at the request of one third of the MPs (84 MPs), the Constitutional Court is obliged to assess the constitutionality of said law within seven days. If the law is promulgated before the decision is made on its (un)constitutionality, the Constitutional Court will proceed with the procedure as requested, according to the regular procedure for the assessment of constitutionality of laws.
State institutions, institutions of territorial autonomy, or local self-government bodies, as well as a minimum of twenty five MPs, can initiate proceedings to assess the constitutionality of a law in effect before the Constitutional Court. The Constitutional Court itself can also initiate proceedings.
On the other hand, any legal or physical entity has the right to initiate proceedings for the assessment of constitutionality and legality.



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