In writing only: email and e-filing

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

In a party dissolution case, when must the President of the Constitutional Court notify the National Assembly and the National Election Commission, and of what?

General information · Not legal advice

Material to check

In a practice file of this kind, we read the petition for party dissolution to fix when it was filed, any decision granting an interim injunction and the record of when it was made, and the record showing when the adjudication ended, because each of these is a separate trigger the provision attaches to the notice.

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

Where readings differ

One reading takes the duty as written: once a petition for party dissolution has been made, once an interim injunction has been granted, and once that adjudication has ended, the President of the Constitutional Court must notify the National Assembly and the National Election Commission of each of those facts, and the provision attaches no further condition before the notice is owed.

Another reading stresses the difference between this duty and the separate delivery the provision requires of a written decision ordering party dissolution, which must go not only to the respondent but also to the National Assembly, the Government and the National Election Commission, so an interim injunction triggers notice under this point but is not one of the documents the provision says must be delivered.

Your judgment

What should the file record show about what each notice said and when it reached both bodies, given that the provision fixes who must be told and of what, and the occasions that trigger the notice duty, but not when the notice must reach them?

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 add a body to be notified or a further event to report, or if a Constitutional Court decision clarifies when the notice must be made after each trigger.

Take this question furtherWhat stays with the party
You are reading PRO SE
RISCON Labsrisconlabs.com