The constitutional Court is composed of nine members, appointed for a nine-year term, without the right of being reelected. The constitutional judges are appointed by the President of the Republic [...]

Which is the requested majority to review a case and to render a decision?

The preliminary review of cases is done by the Chamber composed of 3 members. The decision not to transfer a case for examination to the plenary session shall be taken unanimously by the Chamber.
The Meeting of Judges or the Plenary Session examines the cases with the participation of all judges, but in no case, with the participation of not less than two thirds of them (not less than 6 members), and decisions are taken by a majority vote of all judges (at least 5 judges).
When the requested majority of 5 judges is not achieved the application shall be considered rejected.
Is it possible to present a motion to recuse a Constitutional Court judge from a particular case?

The involved parties may present a motion to recuse the judge at any stage of the trial: during the preliminary examination (pre-trial), and also during the trial.
If the motion to recuse the judge is submitted before the adjudication of the case, the decision is made by the Meeting of the Judges, whereas when this motion is presented during the trial, the decision is made by the majority of the judges participating in the examination of the case.
The judge, whose recusal is requested, does not take part in the voting.

Does the Constitutional Court hold a public hearing before making a decision on the case?

The preliminary review of the application is done in the deliberation room, without officially notifying the date and participation of the parties.
The Constitutional Court examines cases in open plenary hearings or based on documents. In any case, it is the Chamber or the Meeting of Judges that decides.
In any case, when the examination of case is done in open plenary hearings or based on documents, the parties shall be notified about the date of the hearing session and the time limit for presenting the submissions and documents.
The Constitutional Court may exclude the public from the plenary session on the grounds of protection of public morality, public order, national security and the right of privacy or personal rights

How long does it usually take to have a case reviewed by the Constitutional Court?

The preliminary examination of the case by the Chamber or the Meeting of Judges, as a rule, ends within 3 months from the submission of the application, except for cases when the law stipulates other time limits. Regarding the examination of cases in plenary sessions, as a rule, the law does not stipulate specific time limits. However, the Constitutional Court examines the cases within a reasonable time, whereas the final decision shall be announced reasoned no later than 30 days from the end of the hearing session.
Anyone who is a party to a process that takes place before the Constitutional Court or a party to a judicial process suspended as a consequence of an incidental control or of the review of constitutionality of the law initiated by other entities, who claims that the trial has been conducted beyond a reasonable time, has the right to demand fair compensation from the Constitutional Court, if determined that his rights and freedoms provided for by the Constitution have been violated from the undue prolongation of the process.
In any case, Constitutional Court shall assess the nature of the process and of the case itself, as well as the circumstances that have influenced the decision-making process of the Constitutional Court. It shall decide on the compensation amount, by reference to the consequences the applicant suffered because of the undue prolongation of the process before this Court.
If the Constitutional Court concludes that the trial has been extended beyond the deadline, without reasonable cause, then it shall compensate the applicant up to 100,000 ALL for each year of delay.

Is the Constitutional Court decision notified?

Following the decision of inadmissibility of the application by the Constitutional Court, a copy is sent to the applicant at the address specified by him in the application.
Decisions taken by the Court at the end of the plenary session shall be formally notified to the parties in the process and a copy is sent for publication to the Official Gazette.
- Can the Constitutional Court decisions be appealed?
The decision of the Constitutional Court is final and has general binding force. Decisions of the Constitutional Court cannot be appealed by domestic means of appeal, but only at the ECtHR.

Does the Constitutional Court provide additional explanations regarding its decision?

The Constitutional Court does not provide additional clarifications or explanations regarding its decision. The Constitutional Court has the right, within 2 months of the announcement of a decision, upon request, to correct errors in writing, in computation or any obvious inaccuracy allowed in the decision, without changing the substance of the decision

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