Applying Principle of Equality in Case of Restriction of Rights

The article analyses the practice of the Constitutional Court in the application of the principle of equality in cases where a legal norm establishes a restriction of rights. The article critically evaluates the fact that the court can declare a norm invalid only because a relevant restriction, which is otherwise necessary, appropriate and proportionate, has not been set for other persons who should have been subject to it. It is concluded that this can have serious negative consequences and violate the principle of rationality.