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
9. What is the procedure for deciding a constitutional complaint?
(1) Lodged constitutional complaints are first examined by the Constitutional Court judge determined by the work schedule.
(2) A panel of three Constitutional Court judges determined by the work schedule decides on the rejection, non-acceptance, or acceptance of a constitutional complaint for consideration. If the panel is not unanimous, Constitutional Court judges who are not members of the panel also decide on such.
(3) The Constitutional Court rejects a constitutional complaint: if it does not refer to an individual act by which the rights, obligations, or legal entitlements of the complainant were decided on; if the complainant does not have legal interest for a decision on the constitutional complaint; if the constitutional complaint is not admissible, if it was not lodged in time, or if all legal remedies have not been exhausted; if it was lodged by a person not entitled to do so; if the constitutional complaint is incomplete because it does not contain all the required information or documents and the complainant does not supplement it in accordance with a call to do so by the Constitutional Court, or if it is so incomplete that the Constitutional Court cannot examine it.
It is deemed that there has been no violation of human rights or fundamental freedoms which had serious consequences for the complainant with regard to individual acts:
- issued in small-claims disputes in accordance with the act which regulates civil procedure, or in other disputes if the value in dispute by the complainant does not exceed the amount which is determined by the definition of small claims disputes in the act which regulates civil procedure;
- if only a decision on the costs of proceedings is challenged by the constitutional complaint;
- issued in trespass to property disputes;
- issued in minor offence cases.
(4) If the panel does not decide otherwise, the statement of reasons of the order on the rejection or non-acceptance of the constitutional complaint includes only the reason for the decision and the composition of the Constitutional Court.
(5) If a constitutional complaint is accepted for consideration the Constitutional Court decides in full composition. If the Constitutional Court has already decided on the same constitutional matter and granted the complaint, the decision by which it grants the constitutional complaint is issued by a panel.