Pursuant to Article 64 of the Constitutional Court Act:
(1) A proposal for the resolution of a conflict of competence between the holders of legislative, executive, and judicial power, as well as between the organs of the Republic and those of the units of local self-government, may be submitted by any of the organs involved in the conflict.
(2) A proposal may also be submitted by any individual or entity who, due to the acceptance or refusal of competence by specific organs, is unable to exercise a right.
(3) The deadline for submitting the proposal referred to in paragraph 1 of this Article is three months from the date on which the decision accepting or refusing competence becomes final or legally binding.
Pursuant to Article 65, paragraph 1 of the Act, the organs referred to in Article 64 may submit a proposal for the resolution of a conflict of competence once one of the organs has accepted or refused competence to resolve the same matter by a final or legally binding decision.
According to paragraph 2 of the same Article, the entities referred to in Article 64 which are unable to exercise a right due to the acceptance or refusal of competence may submit the proposal once both organs have either accepted or refused competence by a final or legally binding decision.
The proposal for the resolution of a conflict of competence, in accordance with Article 66 of the Constitutional Court Act, must include:
- the subject matter of the dispute which gave rise to the conflict;
- the organs involved in the conflict; and
- an indication of the final or legally binding decisions by which the organs accepted or refused competence to decide on the same matter.
NOTE:
All proposals submitted electronically must be signed manually and scanned, or signed using an electronic signature.
If the proposal is submitted through an authorised representative, the power of attorney must also be submitted either manually signed and scanned, or signed using an electronic signature.