ABSTRACT

Law-making is applied through the creative interpretation of law, including the interpretation of law in accordance with the constitution and in a manner that is friendly to European Union (EU) law and international law. Moreover, Constitutional Courts (CCs) have normative competence sensu stricto as they are entitled to issue internal rules concerning the organization of CCs, in particular with regard to procedural issues. The constitutionality of a law is examined at the level of legal norms and these are not always expressis verbis articulated in the wording of the legal provision. Since the allegation of a breach of constitutional standards cannot be formally raised before such international bodies, it is transformed into an allegation of a violation of the European convention on human rights or EU standards. However, the same standards are still at stake as regards, for instance, non-discrimination, the protection of fundamental rights and freedoms, the independence of the judiciary and the separation of powers.