Back Kazakhstan - Opinion on the Concept paper for improving the legal framework of the Constitutional Council of the Republic of Kazakhstan

1023/2021

Requested by: Kazakhstan, Constitutional Council, President

Recommended Measures:
to provide that for the ordinary judge (judge a quo) reasonable doubt should suffice in order to challenge the constitutionality of a law or other normative act before the Constitutional Council and to remove the ground of “insufficient data” to refuse a referral by motion of the parties; to simplify the formal elements for the file to be submitted to the Constitutional Council; to provide that a referral to the Constitutional Council can be adopted in a lighter form, by reference to the arguments to a motion from the parties, whereas rejections of such motions have to be clearly motivated; to provide for the establishment of chambers within the Constitutional Council to deal at least with admissibility decisions in a written procedure; to provide for the obligation of other state bodies to follow the legal reasoning of the Constitutional Council when it provides an interpretation of a law in conformity with the Constitution.

03/2021
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