DEATH OF THE COMPLAINANT AND EXAMINATION OF THE CONSTITUTIONAL COMPLAINT IN VIEW OF THE CONSTITUTIONAL TRIBUNAL (CT)’S DECISION OF 21 JANUARY 2020 § (FILE. NO.: TS 68/18)
DEATH OF THE COMPLAINANT AND EXAMINATION OF THE CONSTITUTIONAL COMPLAINT IN VIEW OF THE CONSTITUTIONAL TRIBUNAL (CT)’S DECISION OF 21 JANUARY 2020 § (FILE. NO.: TS 68/18)

Summary/Abstract: The analysed matter concerns the examination of a constitutional complaint of a person who died after filing it. This issue has not yet been the subject of wide interest in the Constitutional Tribunal and the science of constitutional law. However, there is no doubt that it is a significant issue, requiring in-depth analysis – particularly in view of the two contradictory opinions expressed in the jurisprudence of the Constitutional Tribunal. On the one hand, the Constitutional Tribunal recognises that the applicant’s death in the course of the proceedings does not constitute a reason for suspension or discontinuance of the proceedings initiated by a constitutional complaint, as it is crucial to examine the constitutionality of the challenged legal norm. On the other hand, in other rulings, the Constitutional Tribunal (CT) states that the basis for the effective filing of a constitutional complaint is the applicant’s legal interest, which ceases upon their death. The purpose of this paper is to discuss the issue related to the examination of a constitutional complaint in the situation of the subsequent death of the person who brought the complaint from the perspective of the general legal interest related to its examination and the objectives associated with the examination of the complaint by the Constitutional Tribunal (CT).

• Details
• Contents