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)

Abstract

Objectives 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). Material and methods To fully discuss the analysed matter, the dogmatic method, the comparative legal method, and - to a small extent - the historical method were used. Results According to the Constitutional Court, the distinctiveness characterizing the proceedings regarding a constitutional complaint in relation to judicial proceedings is significant enough to justify very cautious application of grounds for suspension or discontinuation of the proceedings. Adopting a different stance would greatly limit the ability to fulfill the primary function of proceedings before the Court in examining the constitutionality of legal provisions. Conclusions The death of the complainant should not close the way to constitutional justice. Constitutional review is aimed at protecting the rule of law and fundamental rights, therefore the Constitutional Tribunal should take steps to ensure that each complaint is thoroughly examined, regardless of the complainant's status.

Keywords

• constitutional complaint
• death of complainant
• discontinuance of constitutional tribunal (ct) proceedings
• preliminary review of constitutional complaint
• legal interest