从欧洲国家的修订程序看规范宪法申诉的模式

Mariusz Bidziński, Bogusław Ulijasz
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引用次数: 0

摘要

此类申诉背后的机制旨在确保公民与公共机构之间多一层安全保障。欧盟成员国建立的模式表明,宪法申诉的概念、形式要求及其在法律体系中的位置并不统一。在所分析国家的司法系统中设置这一机制尤为重要。为了充分了解权利保护的真实有效程度以及此类规定的确切后果,必须确定该程序是由宪法本身规定还是通过成文法规定。为了撰写本文,我们采用了一般的科学研究方法,包括实证研究和理论研究(分析、综合、抽象、概括和归纳)。文章介绍了各种宪法申诉模式,并提到了这些模式对人权和公民权利及自由保护水平的影响。从法律和事实的角度来看,这种不一致确实会引起合理的质疑。然而,大多数欧盟成员国也签署了有关人权和自由的各种公约和条约。有鉴于此,应当考虑对宪法法院或法庭所使用的申诉范围和程序进行国际标准化的问 题,从而使成员国(至少在其欧盟成员资格期间)不能限制或侵犯任何权利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Models of regulating constitutional complaints in view of amendment procedures in european countries
The mechanism behind such complaints is intended to ensure an additional layer of security between the citizen and public institutions. The models established in European Union Member States show that the very concept of a constitutional complaint, as well as the formal requirements and its placement in the legal system are not uniform. Particular importance should be attributed to placement of this mechanism in the judicial system of an analysed country. In order to fully comprehend how effective the level of protection of rights truly is and what are the exact consequences of such regulations, it is imperative to determine whether the procedure is regulated in the constitution itself or through statutory law.In order to create this article general scientific research methods were used, both empirical and theoretical (analysis, synthesis, abstraction, generalization and induction). Systemic, functional and comparative research methods were also included.The article presents various models of constitutional complaints with reference to their role in influencing the level of human and citizen rights and freedoms protection.Different levels of protection of human rights and freedoms are provided by European countries depending on the model of regulations they chose. From a legal and factual point of view, this lack of unison does raise legitimate doubts. However, the majority of EU member states are also signatories to various conventions and treaties concerning human rights and freedoms. In view of the above, the question of internationally standardising the scopes of complaints and procedures used by constitutional courts or tribunals, should be considered so that member states (at least during their EU membership) cannot restrict or violate any rights.
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