Differences between the Review of Competency Ratione Materiae and Material Review of Constitutionality of Presidential Decrees

The article explores the comparison of the two stages followed by the Constitutional Court in the course of the constitutional review of the presidential decrees. These two stages are the “review of competency ratione materiae” and “material review”, which took place in the merit of the case title. In the article, we compared these two stages, both in terms of time, constitutional standard, nature and content of the review, and the type of decision and its effect. We tried to demonstrate the differences between these two in terms of the given criteria. We concluded that “the review of competency ratione materia” takes precedence of “material re-view” in the context of the time, that it is reviewed under the limited number of rules in terms of the standard; that it is not fully in the scope of the legislative function in terms of nature; that it is reviewed under the Article 104 in terms of content; that it does not differ much from material review in terms of the type and impact of the decision.