The Binding Aspect of the Decisions of the Constitutional Court and Their Effect

Abstract

The Constitutional Court, as an authoritative body regarding the application of constitutional control, issues decisions that would take the place of the segment of the legislative text that has been proven to be illegal. In this context, the decisions have the character of law and as such should be applied in the context of admitting a notification of unconstitutionality. The decisions and rulings of the Constitutional Court are generally binding and have force only for the future. Consequently, all public authorities are obliged to respect the decisions and rulings of the Constitutional Court. At the same time, according to the Court’s jurisprudence, the power of res judicata that accompanies the jurisdictional acts, therefore also the decisions of the Constitutional Court, is attached not only to the device, but also to the considerations on which it is based. Consequently, both the Parliament and the Government, respectively the public authorities and institutions must fully respect both the considerations and their devices.
 The mandatoryness of the decisions of the Constitutional Court is a subject of real topicality, a fact that incites various analyses to elucidate the necessity of this characteristic. In this sense, this article seeks to present the overall legal framework through which the decisions of the Constitutional Court have the character of law.