October 17, 2025Uzhhorod National University Herald Series LawOpen Access

“Priority question of constitutionality” vs “constitutional complaint”: in search of the effectiveness of institutions

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ABA.Yu. BadydaHuman Growth Foundation

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Implication

Comparative analysis reveals key differences in functional efficiency of constitutional mechanisms in France and Ukraine, suggesting modernization paths.

Key Points

The French QPC provides wider access to constitutional control during judicial proceedings, improving effectiveness.
In contrast, the Ukrainian constitutional complaint is limited, requiring final court decisions before use, which hinders protection.
The absence of regulatory deadlines for the Ukrainian complaints negatively impacts human rights protections.
Proposed improvements for Ukraine include introducing judicial filtering, automatic case reviews, and expanding the subject composition.

Cite This Study

A.Yu. Badyda (2025) studied this question.

synapsesocial.com/papers/68f199b7de32064e504dc800 https://doi.org/10.24144/2307-3322.2025.90.1.27

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Implication

Comparative analysis reveals key differences in functional efficiency of constitutional mechanisms in France and Ukraine, suggesting modernization paths.

“Priority question of constitutionality” vs “constitutional complaint”: in search of the effectiveness of institutions

Discussion

Member takes

Implication

Key Points

Cite This Study

“Priority question of constitutionality” vs “constitutional complaint”: in search of the effectiveness of institutions

Discussion

Member takes

Implication

Key Points

Cite This Study

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