On some deficiencies regarding the mechanism of individual rights protection in the Constitutional Tribunal procedure

The article discusses some problems regarding the deficiencies of the mechanism of individual rights protection in the procedures before the Constitutional Tribunal. The particular attention is paid to the procedure initiated by a constitutional complaint. One of the essential deficiency of that procedure is its inability to change the legal situation of the constitutional complainant. He or she must initiate the next procedure to obtain the protection of his or her constitutional rights and freedoms. Therefore, according to the author of the article, the Constitutional Tribunal should have the competence to annula legally effective judgment of a court or a final administrative decision that is based on the unconstitutional normative provisions. In such a way the protection would be given to the constitutional complainant directly by the Constitutional Tribunal. The author of the article empathizes that the Tribunal is obligated not only to respect constitutional rights and freedoms of an individual but also to protect them.