Guide through the Constitutional Court

1. What is 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

Answer

4. What is a constitutional complaint and in what instances may one be lodged?

A constitutional complaint is a legal remedy by which a constitutional complainant in proceedings before the Constitutional Court claims a violation of human rights or fundamental freedoms. A constitutional complaint cannot be lodged due to the erroneous application of substantive or procedural law or due to an erroneously established state of the facts in proceedings before courts.

A constitutional complaint may, as a general rule, be lodged against a judicial decision only after all (ordinary and extraordinary) legal remedies in the Republic of Slovenia have been exhausted. 

Before all extraordinary legal remedies have been exhausted (however, not before all appeals, which have the nature of an ordinary legal remedy, have been exhausted), the Constitutional Court may exceptionally decide on a constitutional complaint if two conditions are met: 1) the alleged violation is manifestly obvious, and 2) irreparable consequences for the complainant would result from the implementation of the individual act.

For more on constitutional complaints, see http://www.us-rs.si/en/applications/applications-3460/