Constitutional Court Procedure Act Article 91

(Transitional Rules on Proceedings of Pre-Commencement Pending Constitutional Complaints)The provisions of the vacating of a final court decision being declared unconstitutional and its remand to a competent court under Article 62, Paragraph 1, First Sentence shall not apply to the pending petitions in respect of the constitutionality of laws which were lodged with the Constitutional Court prior to the coming into force of this Act.For a petition under the preceding Paragraph, where the legal provisions applied to the underlying final court decision are declared unconstitutional and voided by a judgment of the Constitutional Court, the petitioner may seek judicial remedies for the underlying case through proceedings as provided for by the law or in accordance with the ratio decidendi of the relevant judgment of the Constitutional Court. If the underlying final court decision is on a criminal case, the Attorney General shall, on her or his own motion, file an extraordinary appeal in respect of such decisions.For a petition under Paragraph 1, the period from the date on which it was lodged with the Constitutional Court to the date on which the judgment of the petition is served on the petitioner will not count towards the calculation of the peremptory period of time for the retrial proceedings.