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Court of the Republic

Constitutional Court

Established under Article 216 of the Constitution · fifteen justices

Judgments

Judgments are published in full, in open and machine-readable form, free of charge, with the names of the justices deciding and with every dissenting opinion.

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.

Two justices dissented, holding that the condition admits of no exception and that the remedy lay with the Assembly.

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.

One justice dissented on the ground that the Division had not published its computation of the alternatives in full.

Order of restoration

Discharge into the Marnaqui above Tavrino

CC-2026-012 · Ecological Chamber, panel of five with two scientific assessors · 30 March 2026

Brought under Article 19 in the name of the river by a residents' association. The Chamber found a breach of the ecological budget, ordered restoration on a timetable of six years, ordered the sequestration of the resources required, and declared the personal liability of the two persons who authorised the discharge.

Act declared void

Alteration of an electoral district by the sub-regional council of Cortius

CC-2025-047 · plenary · 11 December 2025 · brought by a resident

The alteration was adopted for a purpose prohibited by Article 187(5). Article 265(1) makes such an act void whoever adopts it and by whatever majority. The Court recorded that any person may plead the nullity before any court at any time, and declared the personal liability of those who proposed and adopted it.

Conflict resolved

Competence over the water allocation of the Ilvara watershed

CC-2025-038 · plenary · 3 October 2025 · brought by two regional councils

A conflict of competence between the Western and Eastern Regions. The Court held the allocation to fall to the National Planning Congress, since the watershed supplies both regions and Article 91(3) requires equality of provision between territories.

Three justices would have remitted the matter to the two councils to agree a joint arrangement first.

Application dismissed

Challenge to the resources fixed for the Audit Office

CC-2025-029 · plenary · 7 August 2025

The applicant contended that the share of the plan allotted to the Audit Office was insufficient for its functions. The Court held that Article 240(1) commits the figure to organic law upon the estimate the office publishes, and that the sufficiency of a figure so fixed is not a question of conformity with the Constitution.

Dissenting opinions

Three of the seven judgments above carry a dissent, and each dissent is published with the judgment at the same length. Article 196(2) requires it. A justice dissenting states the reasoning that would have produced a different result, and that reasoning stands available to any later applicant and to any court considering the same question.

Hearings

Every hearing of the Court in the period was held in public and in full. No order closing a hearing in part has been made since the Court was constituted.