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The Right to a Constitutional Complaint in Eastern Europe
Authors: Olga Teplyakova, Dmitry Teplyakov
Number of views: 79
The purpose of the article is to study the legislation on constitutional courts and constitutional complaints in Eastern Europe. The authors investigate the right of citizens to a constitutional complaint in Eastern Europe. The authors conclude that in four countries of Eastern Europe there is no right of citizens to have individual access to constitutional justice. The right of citizens to a constitutional complaint has not been established in Bulgaria, Belarus, Moldova and Romania. The authors analyze the models of constitutional complaints in the countries of Eastern Europe: Russia, Czech Republic, Slovakia, Hungary, Poland, Ukraine. In particular, the authors analyze the list of acts that can be appealed in the constitutional courts of these countries. The first group includes countries that establish the right of citizens to a full constitutional complaint, which includes the right to appeal an administrative act, a court decision and a normative act in a constitutional court (Czech Republic, Slovakia). The second group includes countries that establish the right of citizens to file a normative constitutional complaint, which includes the right to appeal to the constitutional court against any normative act applied in a specific case of the applicant (Poland). The third group includes countries that establish the right of citizens to file a normative constitutional complaint, which includes the right to appeal in a constitutional court against a certain list of normative acts applied in a specific case of the applicant (Russia, Hungary, Ukraine). The authors do believe that a full constitutional complaint could become a reality in Eastern European countries.