Constitutional Court

Part Eight
Constitutional Court

Article 124
1. The Constitutional Court guarantees respect for the Constitution and makes final interpretations of it.
2. The Constitutional Court is subject only to the Constitution.

Article 125
1. The Constitutional Court is composed of 9 members, which are appointed by the President of the Republic with the consent of the Assembly.
2. Judges are named for 9 years without the right to be reelected, among lawyers with high qualification and with work experience not less than 15 years in the profession.
3. One-third of the composition of the Constitutional Court is renewed every 3 years, according to the procedure determined by law.
4. The Chairman of the Constitutional Court is appointed from the ranks of its members by the President of the Republic with the consent of the Assembly for a 3-year term.
5. The judge of the Constitutional Court continues his duty until the appointment 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 in the commission of a crime or immediately after its commission. The competent organ immediately notifies the Constitutional Court. If the Constitutional Court does not give its consent within 24 hours to send the arrested judge to court, the competent organ is obliged to release him.

Article 127
1. The term of a judge of the Constitutional Court ends when he:
  1. is sentenced with a final decision for commission of a crime;
  2. does not show up for duty, without reason, for more than 6 months;
  3. reaches 70 years of age;
  4. resigns;
  5. is declared incompetent to act with a final judicial decision.
2. The end of the term of a judge is declared with a decision of the Constitutional
3. Court.
4. If the seat of a judge is vacant, the President of the Republic with the consent of
5. the Assembly appoints a new judge, who remains on duty until the mandate of the dismissed judge ends.

Article 128
The judge of the Constitutional Court can be removed from office by the Assembly by two thirds of all its members for violations of the Constitution, commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and reputation of a judge. The decision of the Assembly is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares the removal from duty of the member 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:
  1. compatibility of the law with the Constitution or with international agreements as provided in article 122;
  2. compatibility of international agreements with the Constitution, prior to their ratification;
  3. compatibility of normative acts of the central and local organs with the Constitution and international agreements;
  4. conflicts of competencies between powers, as well as between central government and local government;
  5. constitutionality of the parties and other political organizations, as well as their activity, according to article 9 of this Constitution;
  6. dismissal from duty of the President of the Republic and verification of the impossibility for him to exercise his functions; g. issues related with the election and incompatibility in exercising the functions of the President of the Republic and of the deputies, as well as the verification of their election;
  7. constitutionality of the referendum and verification of its results;
  8. final adjudication of the individual complaints for the violation of their constitutional rights to due process of law, after all legal means for the protection of those rights have been exhausted.

Article 132
1. The decisions of the Constitutional Court have general binding force and are final. The Constitutional Court only has the right to invalidate the acts it reviews.
2. The decisions of the Constitutional Court enter in 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 minority opinions are published together with the decision.

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 only on the request of:
  1. the President of the Republic;
  2. the Prime Minister;
  3. not less than one-fifth of the deputies;
  4. the Chairman of High State Control;
  5. every court according to article 145, paragraph 2 of this Constitution;
  6. the People's Advocate;
  7. organs of the local government;
  8. organs of religious communities;
  9. political parties and other organizations;
  10. individuals.
2. The subjects provided for in subparagraphs f, g, h, i, and j of paragraph 1 of this article may make a request only for issues related with their interests.