The court considered the issue at a September 22, 2026 hearing following an appeal by the Ombudsman. It examined whether Part 2 of Article 288 of the Code of Administrative Responsibility complies with Article 27 of the Constitution.
Under the provision, people who violated rules at the state border or border crossing points could be detained for up to three days. If they did not have an identity document, the detention period could be extended to 10 days with a prosecutor’s authorization.
Article 27 of the Constitution states that a person may not be detained for more than 48 hours without a court order.
The Constitutional Court found the provision unconstitutional, noting that it did not provide for obtaining a court order to extend the detention period.
The ruling also stressed that notifying a prosecutor or obtaining the prosecutor’s authorization cannot substitute for a court order.
