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
8. What is the procedure for deciding a petition?
(1) Petitions lodged to initiate a procedure for the review of the constitutionality or legality of regulations or general acts issued for the exercise of public authority are first examined by the Constitutional Court judge determined by the work schedule, who collects the information necessary for the Constitutional Court to decide whether to initiate the procedure.
(2) The Constitutional Court rejects a petition if the procedural requirements for the consideration of the petition are not met (with regard to the jurisdiction of the Constitutional Court, the legal interest of the petitioner, the petition having been filed in time, authorisation to be a representative in proceedings before the Constitutional Court, the prescribed essential elements of the petition, and documents which substantiate the legal interest).
(3) The Constitutional Court stays the procedure for the review of a petition if the petitioner fails to submit the information needed by the time limit determined for such.
(4) The Constitutional Court dismisses a petition if it is manifestly unfounded or if it cannot be expected that an important legal question will be resolved by a decision thereon.
(5) If the Constitutional Court accepts a petition, the procedure for the review of constitutionality or legality is initiated.
(6) If the challenged regulation or general act issued for the exercise of public authority ceased to be in force, or ceased to be in force in the challenged part, or was amended, the Constitutional Court decides on its constitutionality or legality only if the consequences of its unconstitutionality or unlawfulness were not remedied.