Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

  DECISION No.7 OF AUGUST 11, 1994 ON CC No.10/94

Motion for establishing the unconstitutionality of the Judiciary Act (DV, No. 59 of July 22, 1994) concerning its entry into force pursuant to ] 4 of the Transitional and Concluding Provisions of the C.
The Constitutional Court overruled the motion and held that ] 4 of the C. does not refer to the entry into force of normative acts but to the entry into force of the organisation of the judiciary. The Judiciary Act establishes its structure. The Act comes into effect to enable the creation of new organisation of the judiciary. However the emerging organisation is to come into force following the passage of the relevant procedural laws. Until such laws are adopted justice shall be administered by the existing courts under the effective Penal Procedure Code, Civil Procedure Code and the Administrative Procedure Act. Incumbent judges, prosecutors and examining magistrates shall continue to execute their duty. Pending the establishment of Supreme Court of Appeal and Supreme Administrative Court all Supreme Court justices shall be fully legitimate and shall continue to administer justice. The two-tier system and the judicial review shall remain in force until the procedural laws are amended and the three-tier system comprising Supreme Court of Appeal and Supreme Administrative Court is established.