ON THE LEGITIMACY OF
THE REFERRING COURTS Prof.Asoc.Dr. Enkelej
, THE INCIDENTAL CONTROL
The incidental control – The issue of legitimizing subjects (locus standi) that can
address the Court has been assessed as one of the main aspects that enables the
launch of the constitutional process.
Article 145
1. Judges are independent and subject only to the Constitution and the laws.
2. When judges find that a law comes into conflict with the Constitution, they do not apply it. In this
case, they suspend the proceedings and send the case to the Constitutional Court. Decisions of
the Constitutional Court are binding for all courts.
3. Interference in the activity of the courts or the judges entails liability according to law.
Also specified in Article 68 of Law No. 8577/2000
THE REFERRING COURTS Prof.Asoc.Dr. Enkelej
, THE INCIDENTAL CONTROL
The incidental control – The issue of legitimizing subjects (locus standi) that can
address the Court has been assessed as one of the main aspects that enables the
launch of the constitutional process.
Article 145
1. Judges are independent and subject only to the Constitution and the laws.
2. When judges find that a law comes into conflict with the Constitution, they do not apply it. In this
case, they suspend the proceedings and send the case to the Constitutional Court. Decisions of
the Constitutional Court are binding for all courts.
3. Interference in the activity of the courts or the judges entails liability according to law.
Also specified in Article 68 of Law No. 8577/2000
