What papers must be attached to a petition for a constitutional complaint, and when does the judgment itself have to come with it?
General information · Not legal advice
Material to check
In a practice file we look for the document proving that an agent was appointed, or the notice that a public representative agent was appointed, and, where a complaint under the petition route targets a court's adjudication, the judgment itself together with the certificate showing it has become final.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats these attachments as mandatory whatever else the petition says: a petition for a constitutional complaint must carry a document proving the appointment of an agent or the notice of appointment of a public representative agent, and where a constitutional complaint brought under the general petition route is aimed at a court's adjudication it must also carry that adjudication and a certificate of its finality.
Another reading marks the reach of the second requirement: the duty to attach the adjudication and its certificate of finality is written only for a constitutional complaint under the petition route that targets a court's adjudication, and the provision does not say what follows if the certificate cannot yet be issued because finality has not been reached.
Your judgment
If a certificate of finality cannot yet be obtained because the adjudication may still be appealed, what should the file show to the Constitutional Court in the meantime?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended, since the attachment of the adjudication and its certificate of finality was newly added, or if a court decision sets what a petitioner must do where finality has not yet been reached.