Constitutional Law
Who May Bring Annulment Proceedings before the Constitutional Court?
Standing, the 90-day limit and institutional-interest requirements under Article 147 of the Constitution.
Direct standing
Article 147 exhaustively identifies who may directly challenge the constitutionality of laws, Assembly resolutions and certain regulatory instruments: the President, political parties or parliamentary groups represented in the Assembly, and at least nine members of the Assembly.
Institutions whose functions are affected
Other institutions, bodies and trade unions may bring direct proceedings only in matters concerning their own existence or functions. This is not a general public action; the connection between the impugned rule and the body’s constitutional or statutory sphere must be shown.
The 90-day period
Proceedings must be filed within 90 days from publication of the challenged measure in the Official Gazette. Missing this period may end the right to bring a direct challenge.
How individuals may raise unconstitutionality
Individuals do not generally have direct standing under Article 147. They may, however, argue in pending proceedings that a rule to be applied is unconstitutional. If the trial court considers the issue serious, it may refer the question for concrete constitutional review.
Sources
Relevant legislation and official sources
Constitution of the TRNC — Articles 147 and 148TRNC Supreme Court — Constitutional jurisdictionThis publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.