Who bears the costs of a Constitutional Court adjudication, and when may an applicant be charged for evidence taken on that applicant's own request?
General information · Not legal advice
Material to check
In practice material of this kind, we read the application by a party asking for evidence to be examined, since the proviso turns on whose request it was, and we check the Constitutional Court Rules the provision points to, which set how such a cost is charged to the applicant.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the state as the bearer of adjudication costs across the board, with a single written exception: where evidence was examined at a party's application, the cost of that examination may, as the Constitutional Court Rules provide, be placed on the applicant who asked for it.
Another reading stresses the word 'may' in the proviso, so that an applicant who requested evidence is not charged automatically, and the provision leaves it to the Rules and to the court's decision to say which requests lead to a charge and on what terms.
Your judgment
Where the record shows a party asked for evidence, how far does the file need to show that the examination granted was in fact the one that party requested?
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 change who bears adjudication costs or the scope of the exception, or if the Constitutional Court Rules are revised to define when an applicant bears the cost of evidence examined on that applicant's application.