INDIVIDUAL
CONSTITUTIONAL Prof. Assoc. Dr. Enkele
COMPLAINT
,UNDERSTANDING INDIVIDUAL
CONSTITUTIONAL COMPLAINT
Forms of individual access to constitutional control:
1. Indirect individual access:
• The constitutionality of a norm or act can only be challenged through public
bodies or entities.
2. Direct individual access:
• Exercised through actio popularis and individual constitutional complaints.
• Actio popularis: Any person has the right to act against a normative act after its
approval without the need to prove direct individual impact by the provision.
,UNDERSTANDING INDIVIDUAL
CONSTITUTIONAL COMPLAINT – CASE 1
Bodies responsible for human rights protection under the Constitution:
• The Ombudsman or commissioners for specific human rights issues.
• Ordinary courts, through incidental control of applicable legal norms during the
resolution of cases.
• Public interest entities: These safeguard constitutional principles such as the rule
of law, democracy, human dignity, and social equality.
• Example: A fifth of the deputies activated the Constitutional Court to review the
constitutionality of the Property Law (Decision No. 1, dated 16.01.2017).
, UNDERSTANDING INDIVIDUAL
CONSTITUTIONAL COMPLAINT – CASE 2
Actio popularis: Any person can act against a normative act after its approval,
without proving direct individual impact.
• Individual constitutional complaint: A mechanism for individuals (natural or
legal persons) to directly activate constitutional adjudication to protect their
fundamental rights and freedoms when infringed by public authorities, including
court decisions.
• Procedural aspect: Filing a request or complaint to the Constitutional Court to
initiate constitutional review.
• Material aspect: The individual’s right to be heard on the merits of their claim
and have the Constitutional Court decide on it.
CONSTITUTIONAL Prof. Assoc. Dr. Enkele
COMPLAINT
,UNDERSTANDING INDIVIDUAL
CONSTITUTIONAL COMPLAINT
Forms of individual access to constitutional control:
1. Indirect individual access:
• The constitutionality of a norm or act can only be challenged through public
bodies or entities.
2. Direct individual access:
• Exercised through actio popularis and individual constitutional complaints.
• Actio popularis: Any person has the right to act against a normative act after its
approval without the need to prove direct individual impact by the provision.
,UNDERSTANDING INDIVIDUAL
CONSTITUTIONAL COMPLAINT – CASE 1
Bodies responsible for human rights protection under the Constitution:
• The Ombudsman or commissioners for specific human rights issues.
• Ordinary courts, through incidental control of applicable legal norms during the
resolution of cases.
• Public interest entities: These safeguard constitutional principles such as the rule
of law, democracy, human dignity, and social equality.
• Example: A fifth of the deputies activated the Constitutional Court to review the
constitutionality of the Property Law (Decision No. 1, dated 16.01.2017).
, UNDERSTANDING INDIVIDUAL
CONSTITUTIONAL COMPLAINT – CASE 2
Actio popularis: Any person can act against a normative act after its approval,
without proving direct individual impact.
• Individual constitutional complaint: A mechanism for individuals (natural or
legal persons) to directly activate constitutional adjudication to protect their
fundamental rights and freedoms when infringed by public authorities, including
court decisions.
• Procedural aspect: Filing a request or complaint to the Constitutional Court to
initiate constitutional review.
• Material aspect: The individual’s right to be heard on the merits of their claim
and have the Constitutional Court decide on it.
