الدعوى الدستورية الاحتياطية كآلية لتحرك المحكمة الدستورية: ألمانيا وإسبانيا نموذجا

Abstract EN

In order to examine the constitutionality or unconstitutionality of laws, it is well-known that the constitutional court engages in response to: an original lawsuit, a sub-claim, and a referral, or in form of an automatic response by the constitutional court.

However, while referring to the constitutions of some countries, Germany and Spain in particular, it has been found that their constitutions provide another type of lawsuit based on which the constitutional court engages, that's the precautionary constitutional lawsuit.

Therefore, this paper comes, on the one hand, to determine the meaning of the constitutional precautionary lawsuit that Germany and Spain have adopted, and to shed light on conditions for engaging it and its effects, on the other hand.