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Proceedings for constitutional review of laws before their promulgation



Proceedings for constitutional review of laws before their promulgation are instituted at the request of at least one third of the total number of members of parliament. The Constitutional Court is obliged to, in 7 days, review a law voted in favour of, but not yet promulgated. Therefore, in addition to the posterior constitutional review, the Constitutional Court is authorised to carry out the so-called prior constitutional review  of laws. Prior constitutional review may take place only on the following conditions: that proceedings for review are initiated by at least one third of the total number of members of parliament; that the proposal demands constitutional review of a law (not other regulation and general acts); and that the decision on the request is made in seven days (otherwise, i.e. in case that a law is promulgated before the decision on its constitutionality is adopted, proceedings of review shall continue in accordance with the rules for posterior constitutional review of laws).

In view of the fact that a law is not promulgated and published, the text of the voted law is submitted together with the proposal for its constitutional review, verified by the secretary of the National Assembly or a person authorised by him. For the reasons of efficiency and rationality, which are required by more than a short time-frame for conducting prior constitutional review, the proposal in this case is not communicated to the National Assembly for its opinion, neither is it discussed in a public hearing. The Constitutional Court notifies the President of the Republic that proceedings for constitutional review of a law are instituted. Proceedings for constitutional review of a law before its promulgation are urgent and are conducted in accordance with the deadlines stipulated by the Constitution. The legal effect of a decision by which the Constitutional Court finds that a law, which has not been promulgated, is not in conformity with the Constitution is regulated in a different way than when posterior constitutional review is in question. Namely, in case of constitutional review of a law before its promulgation, a confirming decision produces legal effect from the moment of the law's promulgation.  If a law has been subjected to constitutional review and found constitutional before its promulgation, it is not possible to institute proceedings for its constitutional review. 


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