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Creating the legislation and the Constitutional Court jurisdiction

Jadranko Crnić ; Ustavni sud Republike Hrvatske

Sažetak

The article explores the issue of a promulgation of legislation, in particular the meaning of the Article 89 of the Constitution, according to which the legislation is promulgated by the President of the Republic during the term of eight days after they have been, in accordance to the Constitution, passed by the House of Representatives, and opens numerous questions. They occur separately in the case when the President of the Republic should promulgate a law he holds unconstitutional on the grounds of a formal or a substantial discordance to the Constitution. The author is of an opinion that, regardless of the absence of an express provision of the Constitution, there exists an obligation of the President of the Republic, grounded on the Article 94 of the Constitution, according to which he has to table care of the respect to the Constitution, not to promulgate an unconstitutional piece of legislation. Such a position opens the question how long might such a state of a piece of legislation remaining not promulgated last, and thus also the prevention of the law entering the legal force. The author holds that the President of the Republic, within the already mentioned term of eight days, has to apply to thè Constitutional Court, who is, underthe authority given by thè Artide 125 ofthe Constitution, thè only one body authorized to review thè constitutionality of législation. The Constitutional Court should make a decision in a short term. In order to eliminate numerous ambiguities arising from such the constitutional grounds, the author presents the proposal daborated by the Working group of the President of the Republic in its work ‘'Expert Grounds for a Proposal of Constitutional Changes” in April, 2000. According to this proposal, which would eliminate numerous disputes, while naturally open to a criticism, if the President of the Republic deems the passed piece of legislation unconstitutional, he shall with no delay apply to the Constitutional Court to review it. The Constitutional Court is due to make a decision on the issue f constitutionality not later than three days after the application. Leaving this solution to the public judgment, the author also presents the solutions of the Constitution of Portugal regulating the similar situation.

Ključne riječi

Hrčak ID:

197741

URI

https://hrcak.srce.hr/197741

Datum izdavanja:

5.1.2000.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.432 *