In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

When may the President of the Constitutional Court put a legislative opinion to the National Assembly, and in what form must it reach them?

General information · Not legal advice

Material to check

In a practice file we would look for the draft or copy of the written opinion, the record showing which existing statute it says needs enacting or amending, and the paper showing it was sent to the National Assembly rather than filed elsewhere.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the provision's conditions together: where the President of the Constitutional Court judges that a law needs to be enacted or amended concerning the Court's organisation, personnel, operation, adjudication procedure or other work, that opinion may be given to the National Assembly, and it must be given in writing.

Another reading stresses who acts and what the file must show: the power rests with the President of the Constitutional Court personally, not the Court as a body, and it is discretionary ("may"). The provision states no content requirement for the writing and no manner of delivery, so the file shows the text as sent but the provision settles nothing about its form beyond being written.

Your judgment

How would the file show that the need the President saw for the legislation is the need this provision speaks of, rather than a general policy preference?

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 to require the Court's own resolution before the President may act, or if a decision settles what the written opinion must contain or how it must reach the National Assembly.

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