Constitutional Law
Referral of a Law to the Constitutional Court by the President
The preventive constitutional-review procedure under Article 146 and the effect of the Constitutional Court’s opinion.
What is preventive review?
Before promulgation, the President may ask the Constitutional Court whether a law or resolution adopted by the Assembly is compatible with the Constitution. Article 146 establishes this form of review before the measure enters into force.
How the procedure works
- The President may refer an adopted law or resolution before publication.
- The Court hears submissions made for the President and the Assembly.
- Under Article 146(2), the Court must decide and communicate its written opinion within 45 days.
- If incompatibility is found, the measure or affected provision is not published and is returned to the Assembly with reasons.
Difference from annulment proceedings
Article 146 operates before publication and only on a presidential referral. Article 147 allows post-publication review of a law, resolution or regulatory measure. Standing and time limits differ between the two procedures.
Sources
Relevant legislation and official sources
Constitution of the TRNC — Article 146A recent example of a law referred to the Constitutional CourtThis 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.