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Proceedings for deciding in respect of a violation of the Constitution by the President of the Republic



The President of the Republic is dismissed in case of a violation of the Constitution, and the decision on his dismissal is adopted by the National Assembly, by two-thirds of votes of the total number of members of parliament; adoption of said decision is preceded by adequate proceedings instituted by the National Assembly, to a proposal of at least one third of  members of parliament, and the Constitutional Court is obliged to, in the instituted proceedings, decide on the existence of a constitutional violation in no longer than 45 days.

The act on instituting proceedings, which is communicated to the Constitutional Court by the president of the National Assembly, must include the legal grounds, violated constitutional provisions and evidence the act is based on. If it is established by the Constitutional Court that proceedings for the dismissal from office of the President of the Republic were initiated in conformity with the Constitution and law, an act on institution of proceedings is communicated to the President of the Republic, for him to reply within the time-frame established by the Constitutional Court. When the deadline has expired, the president of the Constitutional Court will schedule a hearing, to which both the President of the Republic and the president of the National Assembly shall be summoned. If it is established by the Constitutional Court that proceedings for the dismissal from office of the President of the Republic have not been initiated in conformity with the Constitution and law, it shall dismiss the act of the National Assembly on initiation of proceedings.

In proceedings deciding on a violation of the Constitution by the President of the Republic, the Constitutional Court is limited to deciding only in respect of alleged violations of the constitutional provisions stated in the National Assembly's act on initiating the proceedings.  The decision on whether or not the President of the Republic has violated the Constitution is communicated by the Constitutional Court to the National Assembly and the President of the Republic.

The Constitutional Court shall discontinue its proceedings if the National Assembly withdraws its act on initiation of proceedings or if during proceedings the term in office of the President of the Republic expires.

The Constitutional Court's decision on a violation of the Constitution by the President of the Republic takes legal effect on the date of its service to the National Assembly.

 


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