Must the oral argument and the pronouncement of the final decision in a Constitutional Court case be held in the adjudication courtroom, or may either take place elsewhere?
General information · Not legal advice
Material to check
In the practice material for this exercise, we read the trial record for the place where oral argument was held, any minute or notice recording the President of the Constitutional Court's decision that a different place was necessary, and the record showing where the final decision was pronounced.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the rule and its exception together: the oral argument and the pronouncement of the final decision take place in the adjudication courtroom, but where the President of the Constitutional Court deems it necessary, either may be held at a place outside the adjudication courtroom.
Another reading marks the provision's limit: it grants that discretion to the President of the Constitutional Court alone, tied to that person's own finding of necessity, and it says nothing about who may attend at such a place, how that finding is recorded, or where any other step of the adjudication takes place.
Your judgment
When oral argument is held outside the adjudication courtroom, what in the record could show the necessity the President of the Constitutional Court recognised?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change who may authorise a place outside the adjudication courtroom, or if a Constitutional Court decision sets out what necessity means under it.