Constitutional Complaints Research Articles

Constitutional Court as Constitutional Complaint Institution: Evidence from Serbia

Abstract A noticeable increase in the scope of powers of the constitutional supervisory body of Serbia is directly related with a qualitative change in the status of the Constitutional Court. The purpose of the article is to analyse the competences of the Constitutional Court of the Republic of Serbia in protecting rights and freedoms as the most important area of its activity. The article presents a study of the increased powers of the Constitutional Court of the Republic of Serbia, the purpose of which is to protect rights and freedoms. The leading method in this study is the system analysis method, which allows us to assess the significance of the constitutional complaints institution in Serbia. Studying the current regulation of the competence of the Constitutional Court of Serbia, the author concludes that the significantly expanded competence of the Constitutional Court of Serbia fully reflects its status as a constitutional body representing the fourth judicial control authority in the state. It also ensures the supremacy of the Constitution and protects the foundations of the constitutional system of Serbia, including protection of rights and freedoms in the Republic of Serbia.

Protection of Socio-Economic Rights by the Constitutional Court of the Russian Federation

The article studies practice of the Constitutional Court of the Russian Federation in the field of socio-economic rights. The statistical data analysed illustrates the ever-present socio-economic theme among constitutional complaints lodged with the Constitutional Court, with the lowering of overall proportion of such complaints and increasing of the number of such complaints related to defence of property. Such statistics appear to be consistent with the Court’s role in the ongoing transition from Soviet-style planned economy to free market, which implies a substantial shift of obligations connected with property management and social responsibilities from the State to citizens themselves. It follows from the Constitutional Court practice and doctrine that such shift should be done delicately, giving the citizens sufficient period of time to adapt to the changes. In the article, the author focuses on the following categories of complaints considered by the Constitutional Court of the Russian Federation: protection of the right to private property and protection of the right to pension provision. The author observes that the delicate balance that needs to be preserved when dealing with the cases of this type and the slow-pace nature of the transition process often results in criticism towards the Court, notwithstanding the rationale of its decisions. It follows that such criticism is somewhat natural; what matters is the Court’s understanding of its mission in the socio-economic field, and maintaining balanced and well-reasoned approach in development of its case-law.

Public Sector Purchase Programme Case

1747 applicants brought four constitutional complaints before the German Constitutional Court, which the Court consolidated for joint adjudication. They challenged the constitutionality of the European Central Bank’s Public Sector Purchase Programme (‘PSPP’), particularly the inaction of the German Federal Government, the Bundestag (German Parliament) and the Bundesbank (German Central Bank) concerning the PSPP. The European Central Bank (‘ECB’) launched the PSPP on 22 January 2015. This case note discusses the Court's judgment.

Problems of implementation of the constitutional complaint in Ukraine and ways to resolve them

The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. The article analyses the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. The analysis of the content of the constitutional complaint indicates that the Constitutional Court of Ukraine is most often addressed the citizens of Ukraine with a petition regarding the implementation of the right of everyone to judicial review (in particular, cassation in cases of minor difficulties in administrative proceedings). Also appealed to the citizens with constitutional complaints in relation to social issues to protect their rights stipulated in the legislative acts that have undergone changes, in particular, with respect to the social (pension) insurance of certain categories of citizens (police, military, civil servants, prosecutors).
 While the Board and the Senate of the Constitutional Court of Ukraine often refused to open constitutional proceedings on the grounds of inadmissibility of the constitutional complaint (paragraph 4 of article 62 of the law of Ukraine on the constitutional Court of Ukraine), which is indicated at 136 decisions of Collegium of judges and 8 resolutions of the Senates.
 It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.

Advantages and Disadvantages of the Lithuanian Individual Constitutional Complaint Model

This article analyses the main elements of the model of individual constitutional complaint enshrined in the Constitution of the Republic of Lithuania and in the ordinary legislation. These elements are: objects of individual constitutional complaint; subjects entitled to lodge individual constitutional complaint and filters, which reduce the flow of individual constitutional complaints. This article aims to reveal the legal framework regulating these elements and to identify its advantages and disadvantages.

Problems of Implementation of the Constitutional Complaint in Ukraine and Ways to Resolve them

The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. In terms of integration of Ukraine to the European Union there is a harmonization of the Ukrainian legislation to the European standards, so the analysis of foreign experience of functioning of institute of constitutional complaint is necessary to solve the problems in this area. Therefore, the main method in methodology of research of problems of implementation of constitutional complaints is comparative legal. As from 2016, Ukraine has introduced a normative model of individual constitutional complaint, which allowed physical persons and legal entities of private law to apply to the Constitutional Court of Ukraine for protection of violated constitutional rights, freedoms and legitimate interests. The article analyzes the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.

Can the light of immunometabolism cut through "brain fog"?

Myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS) is a highly debilitating disease with heterogeneous constitutional and neurological complaints. Infection-like symptoms often herald disease onset, but no pathogen or immune defect has been conclusively linked. In this issue of the JCI, Mandarano et al. illuminate bioenergetic derangements of ME/CFS T cell subsets. CD4+ and CD8+ T cells had impaired resting glycolysis. CD8+ cells additionally showed activation-related metabolic remodeling deficits and decreased mitochondrial membrane potential; a subset had increased resting mitochondrial mass. Immune senescence and exhaustion paradigms offer only partial explanations. Hence, unique mechanisms of disrupted immunometabolism may underlie the complex neuroimmune dysfunction of ME/CFS.

Pravo na mirno uživanje imovine i zaštitna mera oduzimanje gotovog novca u praksi Ustavnog suda Srbije - izvesna neizvesnost

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.

Die Änderung der russischen Verfassung 2020 – Auswirkungen auf die Verfassungsgerichtsbarkeit

The Russian Constitution of 1993 was subjected to its most extensive revision in 2020. The primary purpose of the changes was to strengthen the role of the President of the Republic. In addition, the position of the Constitutional Court was also significantly modified. The various extensions of the Constitutional Court‘s powers can only superficially be classified as “strengthening” the court itself. In terms of “power politics” they primarily benefit the President. He can now dismiss constitutional judges without major procedural obstacles. In all the newly added competencies for preventive abstract normative control, the President is the only body entitled to file an application. In this respect, it is him who can influence and control legislation even more efficiently than before, and the Constitutional Court is realistically no more than its “auxiliary organ.” The fact that the Constitutional Court‘s position as a “defensive instance” against decisions of international courts has been strengthened leads to Russia‘s legal self-isolation and is likely to burden cooperation in international organizations. Other constitutional amendments may well be understood as “upgrading” the Constitutional Court or strengthening the constitutional state. This applies in particular to the considerable expansion of the objects of review in the procedure of individual constitutional complaints and in the procedure of concrete review of norms.

Admissibility of constitutional complaints: legislative regulation and practice of the Constitutional Court of Ukraine

Admissibility of constitutional complaints: legislative regulation and practice of the Constitutional Court of Ukraine

The effectiveness of the constitutional complaint as a legal remedy against the violation of constitutional rights

The article is devoted to the effectiveness of the constitutional complaint as a specific subsidiary legal remedy against the violation of constitutional rights. The article analyzes significant legal consequences of the consideration of constitutional complaints by the Constitutional Court of Ukraine with their relation to the protection of the person’s fundamental rights and freedoms and the system-functional connection of constitutional complaint with other remedies.Three groups of approaches are examined to determine when the Constitutional Court acts start to act: ex tunc ("from the beginning"), ex nunc ("from now") and pro futuro ("to the future"). The contradistinction of the doctrine of nullity acts (recognized as unconstitutional) and the doctrine of their derogation has been investigated. The analysis of the national court decisions revealed that the unconstitutionality of the court's application of a legal act or its separate provision does not determine the review of the final court decisions. It is proved that the regulatory mechanism of functional interaction of the courts concerning casual constitutional control needs the most urgent but thought-out adjustment.It should also be stated, that the approach taken to the 2017 procedural reform to determine the legally significant consequences of the unconstitutionality of a law, another legal act, or their separate provision applied by a court in resolving a case, remains to be unchanged. However, the existence of this approach seems to be at least paradoxical regarding the adoption of a constitutional complaint in Ukraine, which is one of the newest legal remedies of subsidiary and exclusive nature.Subjects of the right for constitutional complaint, having exhausted all other national remedies, having fulfilled the complex requirements in drafting and lodging a constitutional complaint, will not be able to review the final court decision in their case, in which a court applied the law recognized as unconstitutional (whole or its separate provision). Contrary to the direct reference to such possibility in the procedural legislation.It is not possible to resolve the current situation without changes to the Constitution of Ukraine and the Law on the Constitutional Court on the validity of the acts of the Constitutional Court of Ukraine as a whole, and on decisions on constitutional complaints in particular.

The Effect of Police Oversight on Crime and Allegations of Misconduct: Evidence from Chicago

Does policing the police increase crime? We avoid simultaneity effects of increased public oversight following an officer-involved shooting scandal by identifying events in Chicago that only impacted officers’ self-monitoring. We estimate crimes’ response to types of oversight using generalized synthetic control methods. Cautionary notes from the police union, inducing officers to self-monitor, significantly reduced Constitutional violation complaints without increasing crime. In contrast, complaints and crime rise post-scandal. This suggests that higher crime following more oversight results not solely from de-policing but also from civilian behavior simultaneously changing. Our research suggests that proactive accountability improves police resident interactions without increasing crime.

Perspectives of improvement of the activity of the constitutional court of Ukraine in the conditions of modern social transformations

The article deals with the basic directions of activity of the Constitutional Court of Ukraine as a result of the implementation of the constitutional reform in Ukraine, amendments to the Basic Law, the adoption of a new law on the Constitutional Court of Ukraine, year 2017, The rules of the Constitutional Court of Ukraine, year 2018, corresponding personnel changes, etc. The positive dynamics and efficiency of the body of constitutional jurisdiction in Ukraine is marked, especially in the context of the review of constitutional complaints, protection of the rights of man and of the citizen, which were violated, by legal norms. Despite some problems, the activity of the Constitutional Court of Ukraine in General demonstrates the formation of the system of constitutional justice in the European model. It also emphasized that the issues of improvement of its legal status, improving the efficiency of operation and trust, are designed to be the center of attention of the relevant government institutions, scholars and the public European model.Attention is paid to achieve the main goals that stand today before the Constitutional Court of Ukraine: the development of technology activities the great Chamber, Senate, boards and services of each judge to ensure the timely, fair, effective cases, optimization of acceptance and consideration of constitutional complaint, the establishment of the Court as an integral part of the judicial system, the structural element of the judiciary, a body that provides specific direction of litigation and is one of the most public authorities.The necessary prerequisites to achieve these goals are the permanent analysis and generalization of their own practice of the Constitutional Court, the regular holding of scientific-theoretical and scientific-practical conferences, symposia, round tables with domestic and foreign leading scientists. The question of constitutional proceedings are being discussed, the extension of the proceedings in the Court's activities are information and communication technologies, taking into account the practice and implementation of the positions and decisions of International courts, etc.

Kewenangan Mahkamah Konstitusi Dalam Perlindungan Hak Konstitusional Warga Negara Melalui Konstitusional Complaint

T he c onstitutional court brought Indonesia towards a better democracy. This is due to the existence of a separate institution that specifically safeguards the dignity of the 1945 Constitution of the Republic of Indonesia as the highest norm in Indonesia, so that any actions related to the constitution can be responded specifically to the constitutional court. In addition, the position of the constitutional court in the state institutional structure as an institution that is equal to the people's consultative assembly, the house of representatives, the regional representative council, the president, the supreme court and the judicial commission has affirmed that the constitutional court is an institution that has high authority in the corridors of its authority. The r esearch is a basic tool in the development of science and technology. This is because research aims to express the truth systematically, methodologically, and consistently. Through the research process analysis and construction of data that has been collected and processed is conducted. the problem in this research is how is the concept of constitutional complaints as a form of protection of citizens' constitutional rights , h ow is the alternative application of constitutional complaints authority in Indonesia. The result of this research is that constitutional complaints are one of the defense mechanisms for citizens to defend their constitutional rights through the courts against the exercise of state power.

PENGUATAN PENGATURAN HAK ANAK BERDASARKAN KONSTITUSI DAN PERBANDINGAN KONSTITUSI DIBERBAGAI NEGARA

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.

Sobre la compleja aplicación práctica del artículo 134.6 de la Constitución

En las Sentencias 139/2018, de 17 de septiembre, y 17/2019, de 11 de febrero, el Tribunal Constitucional estima dos recursos de amparo por vulneración del derecho al ejercicio de las funciones representativas en relación con el derecho de los ciudadanos a participar en los asuntos públicos por medio de representantes (art. 23 CE). En ambas sentencias, el Tribunal Constitucional considera que la Mesa del Congreso de los Diputados no ha ejercido su función calificadora de conformidad con las exigencias constitucionales derivadas de los arts. 23.2 y 134.6 CE, ya que no supo apreciar que la oposición del Gobierno no se ajustaba a los criterios jurisprudenciales sobre el art. 134.6 CE.

The Right to Claim for State Compensation and the Extinctive Prescription

The Right to Claim for State Compensation and the Extinctive Prescription

Canakinumab for the treatment of hyperimmunoglobulin D syndrome

ABSTRACTIntroduction: Mevalonate Kinase Deficiency (MKD) is a rare monogenic autoinflammatory disorder (AID) with autosomal recessive inheritance caused by mutations in the MVK gene. It includes hyperimmunoglobulinemia D syndrome (HIDS) and mevalonic aciduria (a severe form). Patients have recurrent inflammatory attacks with high fever, gastrointestinal symptoms, lymphadenopathy, splenomegaly, arthralgia, rash, pharyngitis, aphtosis and constitutional complaints. Heightened understanding of molecular mechanisms in monogenic autoinflammatory disorders has provided tools for targeted treatment. HIDS is an extrinsic inflammasomopathy and is responsive to anti-IL-1 therapies, such as the recombinant IL-1-receptor antagonist anakinra, the monoclonal antibody against IL-1b canakinumab (CAN), and the recombinant IL-1R fusion protein rilonacept.Areas covered: CAN is a human monoclonal anti-IL-1β antibody that binds with high affinity and neutralizes the activity of IL-1 β. Both observational registries and some case reports have seemed promising in the efficacy of CAN in the HIDS treatment. Two clinical trials have corroborated CAN as an effective and safe drug.Expert commentary: CAN is effective and safe for the treatment of HIDS patients. Some data suggest these patients may need higher dosage or shorter dosing interval than other AIDs, to achieve and maintain complete clinical and laboratory response. Reported adverse events were mild, most often non-complicated infections.

Objects of Appeal Litigation and Constitutional Complaints- Focusing on discussion for restructuring objects of public law litigation -

Objects of Appeal Litigation and Constitutional Complaints- Focusing on discussion for restructuring objects of public law litigation -

Mérlegen az alkotmánybírósági reformok

The new Constitutional Court Act has put a serious shift of emphasis on the function of the Constitutional Court, which has a significant impact on its position in the state governance, furthermore, as a result of the transformation of the institution of constitutional complaints, on the judicial law enforcement, as well. According to the new rules of constitutional complaint, not only the law itself can be appealed by its unconstitutionality, but any court decision for whatever reason violating any fundamental right. This excessively laconic regulation gives the Constitutional Court a great margin for manoeuvring. Based on the current practice, it is argued increasingly that there is a need for a list of legal requirements when a constitutional complaint can be lodged. In my opinion, the existence of a constitutional complaint would be justified in case of loopholes in particular.