Under § 72 par. 3 of the Act on the Constitutional Court, a constitutional complaint can be filed within two months after delivery of a decision on the last procedural recourse that the law provides the complainant for protection of his rights. Under the rules for measuring deadlines, the sixty-day period begins to run on the day after the day on which the decision on the last procedural means of recourse was delivered to the complainant. If the last day of the period falls on a Saturday, Sunday, or holiday, the last day of the period is the following business day. The deadline is met if on the last day of the period the constitutional complaint is submitted in person at the Constitutional Court or sent by mail (in other words, the date on the envelope applies).
If the law does not provide the complainant procedural recourse for protection of his rights, under § 72 par. 5 of the Act on the Constitutional Court the deadline is 60 days from the day when the complainant learned of the intervention by a public authority into his constitutionally guaranteed rights or freedoms, but no later than one year from the day when the intervention occurred.
If the deadline for filing a constitutional complainant is not met, the right to file expires; so the deadline cannot be extended or waived. If the Constitutional Court finds that the deadline has not been met, it must deny the complaint without conducting proceedings, under § 43 par. 1 let. b) of the Act on the Constitutional Court.
A constitutional complaint may be withdrawn, but only until the moment when the Constitutional Court withdraws for its final deliberations.