Functions of the constitutional protection appeal

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Today, on Constitution Day, we are going to talk about the constitutional protection appeal that is filed before the Constitutional Court and is an extraordinary jurisdictional guarantee for the protection of Fundamental Rights.

The Constitutional Court is the highest interpreter of the Constitution (CE). The function of this body is to protect and guarantee the CE against the legislator, that is, its function is to control the constitutionality of the law. But it also has the function of guaranteeing Fundamental Rights and that is where the appeal for constitutional protection arose.

Subjective function: guarantee of Fundamental Rights, subsidiary and extraordinary guarantee.
Objective function: to specify Fundamental Rights, determine their limits, owners, etc.
In 2007, a reform was introduced that objectivised the constitutional protection switzerland phone number format appeal and the lawyer must not only argue the infringement of a Fundamental Right, but that this infringement must be of sufficient importance for the Constitutional Court to rule on it from a constitutional and interpretative point of view. This reform establishes an admission process that has to do with the special constitutional significance .

Characteristics
Extraordinary action: it is the ultimate guarantor of Fundamental Rights at the internal level.
Subsidiary guarantee: the immediate defence of Fundamental Rights is the responsibility of the Judiciary. Judges and courts are the guarantors of constitutional rights, and therefore the intervention of the Constitutional Court is subsidiary and is used as a last resort in the absence of protection through ordinary means.
It is an objective and subjective guarantee of Fundamental Rights as we have indicated previously.
Purpose of the appeal
Its object of protection is limited and restricted. Not all the Rights included in Title I of the EC are subject to appeal. Article 53.2 EC gives us the solution:

Article 53.2 CE Any citizen may seek protection of the freedoms and rights recognized in article 14 and Section 1 of Chapter 2 before the ordinary courts by a procedure based on the principles of preference and summary procedure and, where appropriate, through an appeal for protection before the Constitutional Court. This last appeal shall apply to the conscientious objection recognized in article 30.