Guide through the Constitutional Court
The Constitutional Court is an independent and autonomous state authority which carries out constitutional review – it is the highest body of the judiciary for the protection of human rights and fundamental freedoms in Slovenia and a guardian of constitutionality and legality.The decisions of the Constitutional Court are binding. In relation to other state authorities, the Constitutional Court is an autonomous and independent state authority. The seat of the Constitutional Court is in Ljubljana.
Frequently Asked Questions
- 1. What is the Constitutional Court?
- 2. When may an individual or legal entity file an application before the Constitutional Court?
- 3.What is a petition to initiate the procedure for the review of the constitutionality of regulations and in what instances may one be lodged?
- 4. What is a constitutional complaint and in what instances may one be lodged?
- 5. Who are participants in proceedings before the Constitutional Court?
- 6. Is there a prescribed time limit in which a petition or constitutional complaint must be lodged?
- 7. Where can the forms for lodging petitions and constitutional complaints be accessed?
- 8. What is the procedure for deciding a petition?
- 9. What is the procedure for deciding a constitutional complaint?
- 10. How long do proceedings before the Constitutional Court take?
- 11. To what address should I send an application and how?
- 12. Can an application be filed in electronic form?
- 13. Will the Constitutional Court inform me that my application has been correctly filed and registered?
- 14. Do I have to pay court fees in proceedings before the Constitutional Court?
- 15. Do I need a lawyer to represent me before the Constitutional Court?
- 16. Can I withdraw my application?
- 17. Who are the Constitutional Court judges?
- 18. Can I motion for the disqualification of a Constitutional Court judge?
- 19. How can I obtain information on the status of proceedings in a case?
- 20. Does the Constitutional Court conduct a public hearing before deciding on a case?
- 21. Can I appeal against decisions and orders issued by the Constitutional Court?
- 22. Can I obtain copies of the documents of the case in which I am a participant in proceedings before the Constitutional Court?
- 23. Does the Constitutional Court provide legal counsel, issue legal opinions, or decide whether draft laws are in compliance with the Constitution?
- 24. Does the Constitutional Court provide an additional explanation of the adopted decisions or orders of the Constitutional Court?
- 25. Which regulations are currently being challenged before the Constitutional Court?
- 26. Where can Constitutional Court decisions be accessed?
- 27. Can I subscribe to electronic alerts in order to be informed of new decisions of the Constitutional Court and other important information published on the website of the Constitutional Court?
Answer
3.What is a petition to initiate the procedure for the review of the constitutionality of regulations and in what instances may one be lodged?
A petition to initiate the procedure for the review of the constitutionality of regulations is a legal remedy by which a petitioner in proceedings before the Constitutional Court challenges the consistency of laws with the Constitution or an inconsistency of regulations or general acts issued for the exercise of public authority with the Constitution or laws.
Anyone who demonstrates legal interest may lodge a petition to initiate the procedure for the review of the constitutionality or legality of regulations.
Legal interest is deemed to be demonstrated if challenged provisions directly interfere with the petitioner’s rights, legal interests, or legal position, and if a Constitutional Court decision in favour of the petitioner will improve their legal position.
For more on petitions, see http://www.us-rs.si/en/applications/applications-3460/
For more on when legal interest is deemed to be demonstrated, see http://www.us-rs.si/vloge/odlocitve-ustavnega-sodisca-v-zvezi-s-tem-5115/