The Act on the Constitutional Court provides in § 72 par. 1 who is entitled to file a constitutional complaint. Under that provision, a constitutional complaint can be filed by an individual or legal entity who claims that a decision that has entered into legal effect in a proceeding in which he/it was a party, a measure or other intervention by a public authority (“intervention by a public authority”) violated his/its fundamental right or freedom guaranteed by the constitutional order. The catalog of fundamental rights and freedoms guaranteed by the constitutional order are contained primarily in the Charter of Fundamental Rights and Freedoms and in the Constitution.

The practical consequence of this provision is that the complainant must state in the constitutional complaint which fundamental right was violated in his case, by which public authority and by what decision or intervention it was violated, and specifically what that violation of a fundamental right or freedom consisted of. The Constitutional Court may not consider any other rights. In this regard it must be remembered that the Constitutional Court is not a court hierarchically above the general courts, it is not the court of final appeal, and it reviews “only” constitutionality, not the legality or correctness of judicial decisions. The Constitutional Court’s role is “only” the protection of constitutionally guaranteed fundamental rights and freedoms.