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The (Non)Bindingness of the Constitutional Court to the Grounds of the Constitutional Complaint

Publication at Faculty of Law |
2022

Abstract

The chapter explores the extent to which the Constitutional Court itself can or should supplement objections not raised by the complainant. It also deals with the question of whether this initiative is generally appropriate and what are the main reasons for the strict binding, or detachment by given objections in an appellate review and the Supreme Court proceedings in relation to the Constitutional Court proceedings.

First, the relevant specifics of the constitutional complaint procedure are described. Then, attention is paid to whether it is constitutionally appropriate for the courts to be bound by the grounds raised in the appeal and the Supreme Court appellate review.

On the ground of this comparison, the author refines the so-far predominantly held thesis that the Constitutional Court is not bound by the claimants'objections and can revoke the reviewed decisions for any sufficient reasons.