When the Constitutional Court has received an application for a jurisdiction dispute adjudication, what may it do about the respondent's disposition before it decides the case?
General information · Not legal advice
Material to check
In practice material of this kind, we read the application for jurisdiction dispute adjudication to see that it has reached the Constitutional Court, the papers showing the respondent's disposition and the effect it presently has, and any separate application asking for a provisional suspension alongside dates.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: once the Constitutional Court has received an application for a jurisdiction dispute adjudication, it may, on its own motion or on the applicant's application, decide to suspend the effect of the respondent's disposition that is the object of the adjudication, and that suspension lasts only until the final decision is pronounced.
Another reading notes the limits written into it: the power is tied to the receipt of an adjudication application, so no such suspension stands without one, and it reaches only the disposition of the respondent that the adjudication is directed at. The provision states no ground for suspending, and it leaves open what standard the Court applies.
Your judgment
If the respondent took several acts, what in the file shows which one the adjudication is directed at and so which effect is suspended?
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 may seek a suspension or what it reaches, or if a Constitutional Court decision sets the standard for granting one.