Appeal on the grounds of unconstitutionality: admissibility, object and effects

Abstract

The article analyzes the admissibility, object, proceedings, resolution and effects of the appeal on the grounds of unconstitutionality. In relation to the admissibility, the article explores the basis of the appeal and, particularly, the requirement of “special constitutional interest” as an objective condition for admissibility, as well as the constitutional interpretation of this requirement as a procedural and admissibility requirement. Subsequently, the article studies the object of the appeal on the grounds of unconstitutionality; the precautionary measures that may be decided during the proceedings; and, finally, the content and effects of the judgment.

Keywords:

appeal on the grounds of unconstitutionality, special constitutional interest, constitutional proceedings, admissibility, object, judgment, fundamental rights, precautionary measures, effects, constitutional jurisdiction, basis of the appeal on the frounds of unconstitutionality, standing, term