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

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.