The Constitutional Court
Fifteen justices, drawn by lot from a public register, serving one term of twelve years. The Court decides whether an act of any organ conforms to the Constitution, and its decisions bind every organ including itself.
Justice in office Vacancy
Article 216(1) fixes the number at fifteen. Article 217(5) fills a vacancy within ninety days and forbids the Court to sit with fewer than eleven justices for longer than that period. Article 219(2) staggers the terms so that five justices are replaced every four years.
Article 216(2): the Court decides the conformity of texts before promulgation under Article 137, references under Article 195, challenges to promulgated laws and to acts of every organ brought by any person under Article 43, actions against the plan under Article 143(9), conflicts of competence under Article 189, the restriction and dissolution of political associations under Article 12(3), appeals in discipline under Article 206(4), and the removal of members of the Ecological Budget Authority and of the oversight offices.
Article 216(3): its decisions are final, bind every organ, and are published with reasons and with dissenting opinions.
Recent judgments
Act declared void
Refusal of a candidacy on a residence condition
CC-2026-031 · plenary · 9 July 2026 · brought by the person refused
The Electoral Commission treated a period of hospital treatment outside the district as absence within the meaning of the residence condition. The Court held that treatment away from a district is not absence for that purpose, annulled the refusal, and directed registration before the ballot.
Incompatibility declared
Law on the licensing of foreign entities, section 14
CC-2026-024 · plenary · 2 June 2026 · on reference from a court
Section 14 permitted a licence outlasting the schedule authorising it, contrary to Article 305. The Court declared the incompatibility, stated the provisions affected, stated what would cure them, and fixed a period of nine months. The provision remains in force during that period.
Application dismissed
Challenge to the apportionment of seats for the 2027 ballot
CC-2026-019 · Constitutional Chamber, panel of seven · 14 May 2026
The applicant contended that a departure of 4.1 per cent from the mean district size breached Article 121(5). The Chamber held that the criteria of that Article admit a departure of this order where the alternatives published by the Boundary Division would each produce a greater one, and dismissed the application.
The full register of judgments
Limits of competence
Article 230(3): the Court may in no case exercise a legislative, executive or planning function.
Article 230(1) and (2): the Court guards the distribution of functions of Article 13 and enforces the limits this Constitution places upon the Assembly, upon the executive committees, upon the planning bodies, upon the territories and upon itself. The union of legislative and executive functions in the Assembly enlarges the powers of neither.
Where the Court finds a law incompatible with the Constitution, it declares the incompatibility, states the provisions affected, states what would cure them, and fixes a period for the Assembly to act. The Court writes no replacement provision.
The cure periods now running
Costs
Article 231(1): any resident may bring an action under Article 43, without showing a personal interest where the action concerns the distribution of functions, the ecological budgets, the rights of Title III, or the participation this Constitution requires.
Article 231(4): court fees, security for costs and adverse costs orders are excluded, except where the Court finds the action vexatious.
How to bring an action