How is a petition for adjudication put before the Constitutional Court, and in which two proceedings is the ordinary petition document replaced by another paper?
General information · Not legal advice
Material to check
In a practice file of this kind we read the petition document as submitted, with the Court's receipt stamp showing it was filed, and note which type of adjudication is sought. Where the matter is adjudication on the constitutionality of a statute or impeachment adjudication, we look instead for the court's referral document or the certified original of the National Assembly's resolution, and for any evidentiary documents or reference material attached to the petition.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as setting one route per proceeding: a petition for adjudication is made by submitting the petition document designated for each type of adjudication to the Constitutional Court, while in adjudication on the constitutionality of a statute the court's referral document, and in impeachment adjudication the certified original of the National Assembly's resolution for impeachment, stand in place of the petition document.
Another reading notes that attaching evidentiary documents or reference material is put as a power, not a duty, and that the provision governs only how a petition is lodged, not what content or completeness makes a petition effective, a point the text leaves open.
Your judgment
How could the file show which type of adjudication is sought, so that the petition document actually submitted is the one that proceeding requires?
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 the form of the petition document or the papers that stand in place of it, or if a Constitutional Court decision explains when a petition is treated as filed.