ARTICLE
cover-ceels1-20153.jpg
10,00 €

The Legal Person before the Constitutional Court

Pages
43
2015 / No. 1
Digital Edition

THE LEGAL PERSON BEFORE THE CONSTITUTIONAL COURT

ANITA RODIŅA
Dr.iur., Vice-dean and Associate Professor of the University of Latvia, Faculty of Law

In this article the author explains the theory of the fundamental rights in the Republic of Latvia, the content and basic rules of locus standi to be observed in order to submit to the Constitutional Court a special type of petition - the constitutional complaint. The author specifies locus standi demands for a legal person to submit a constitutional complaint, as well as provides examples of exception from violation theory and most recent court practice. The paper provides statistics and analysis of initiated cases upon request of persons, in particular - complaints, which are submitted by legal persons. The author also examines several conclusions, which follow from the case law of the Constitutional Court. Particular importance is given to the decisions with ex tunc effect proving that the decisions ex tunc allow considering the constitutional complaint as a real weapon against the state and unconstitutional laws.

[The paper was supported by the National Research Program 5.2. "Economic Transformation, Smart Growth, Governance and Legal Framework for the State and Society for Sustainable Development - a New Approach to the Creation of a Sustainable Learning Community (EKOSOC-LV)"]

Most Viewed