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Article 124
1.
The Constitutional
Court guarantees the compliance with the Constitution, which it
has the ultimate power to interpret.
2.
The Constitutional
Court is subject only to the Constitution.
Article 125
1.
The Constitutional
Court is composed of 9 members, who are appointed by the President
of the Republic with the consent of the Assembly.
2.
The judges are named
for 9 years without the right to be reelected and among lawyers
with high qualification and with not less than 15 years’
experience in the profession.
3.
One third of the
members of the Constitutional Court are replaced every three years
according to the procedure foreseen by law.
4.
The President of the
Republic with the consent of the Assembly appoints the President
of the Constitutional Court among the ranks of its members for a
three-year term.
5.
The judge of the
Constitutional court remains in office until the nomination of his
successor.
Article 126
The judge of the
Constitutional Court cannot be criminally prosecuted without the
consent of the Constitutional Court. The judge of the
Constitutional Court can be detained or arrested only if
apprehended during the commission of a crime or immediately after
its commission. The competent body immediately notifies the
Constitutional Court. If the Constitutional Court does not give
its consent within 24 hours for sending the arrested judge before
the court, the competent body is obliged to release him.
Article 127
1.
The term of a judge of
the Constitutional Court ends when he:
a)
Is sentenced with a
final decision for commission of a crime;
b)
Does not show up for
duty, without reason, for more than six months;
c)
Reaches the age of 70
years olds;
d)
Resigns;
e)
Is declared incapable
to act through a final judicial decision.
2.
The end of the term of
office of the judge is declared by a decision of the
Constitutional Court.
3.
If the office of a
judge is vacant, the President of the Republic upon the consent of
Assembly appoints a new judge, who remains in office until the end
of the term of office of the removed judge.
Article 128
The judge of the
Constitutional Court may be dismissed by the Assembly through two
thirds of its total number of members if he/she violates the
Constitution, commits a crime, becomes mentally or physically
incapable, commits other acts that incriminate the position and
personality of the judge. The decision of the Assembly is reviewed
by the Constitutional Court, which, upon verification of the
above-mentioned reasons, declares the dismissal of the members of
the Constitutional Court.
Article 129
The judge of the
Constitutional Court starts the duty after he makes an oath in
front of the President of the Republic.
Article 130
Being a judge of
the Constitutional Court is incompatible with any other state,
political or private activity.
Article 131
The
Constitutional Court decides on:
a) Compatibility
of the law with the Constitution or with international agreements
as provided in article 122;
b) Compatibility
of international agreements with the Constitution, prior to their
ratification;
c) Compatibility
of normative acts of the central and local bodies with the
Constitution and international agreements;
ç) Conflicts of
competencies between powers, as well as between central government
and local government;
d)
Constitutionality of the parties and other political
organisations, as well as their activity, according to article 9
of the Constitution;
dh) Dismissal
from duty of the President of the Republic and verification of the
impossibility to exercise his function;
e) Issues
relating to the election and incompatibility in exercising the
function of the President of the Republic and of the deputies, as
well as of their election;
ë)
Constitutionality of the referendum and verification of its
results;
f) Final
adjudication of the individuals’ complaints for the violation of
their constitutional rights to due process of law, after all legal
means for their protection have been exhausted.
Article 132
1. The decisions
of the Constitutional Courts have general binding force and are
final. The Constitutional Court has only the right to invalidate
the act it reviews.
2. The decisions
of the Constitutional Courts enter into force the day of their
publication in the Official Gazette. Constitutional Court can
decide that the law or normative act is to be invalidated on
another date. The dissenting opinions are published together with
the decision of the majority of members.
Article 133
1. Acceptance of
complaints for judgement is decided from a number of judges as
determined by law.
2. The
Constitutional Court decides with the majority of all its members.
Article 134
1. The
Constitutional Court is put into motion on the request of:
a) The President
of the Republic;
b)
The Prime Minister;
c)
Not less than
one-fifth of the deputies;
ç) The Head of
the High State Audit;
d) Every court
according to article 145, paragraph 2 of the Constitution;
dh) The People’s
Advocate;
e) Bodies of
the local government;
ë) Bodies of
religious communities;
f) Political
parties and other organisations;
g) Individuals.
2. The subjects provided for in subparagraphs f), g), h), i), and
j) of the paragraph 1 of this article, could make a request only
for issues related with their interests. |
