Position


On 25 June 1991
, the Republic of Slovenia became a sovereign and independent state. The Constitutional Court of the Socialist Republic of Slovenia as a republic of the former Yugoslavia, which had been established in 1963 (on 5 June 1963, the first President and eight judges of the Constitutional Court were appointed), thus became the Constitutional Court of the newly independent state. The process of transition to a contemporary democratic political social order based on respect for human rights and the principles of a state governed by the rule of law thus began.

The turning point in this process was the adoption of the Constitution of the Republic of Slovenia on 23 December 1991. The Constitution introduced the principle of the separation of powers. With its implementation, the Constitutional Court of the Republic of Slovenia acquired important new powers as well as the position of the highest body of the judicial power for the protection of constitutionality, legality, human rights, and fundamental freedoms. In order to honour the adoption and implementation of the Constitution, as the fundamental legal basis for the deciding of the judges of the Constitutional Court, every year on 23 December Constitutionality Day is celebrated.

The constitutional position of the Constitutional Court as an independent and autonomous body exercising constitutional review is regulated in more detail by the Constitutional Court Act, which entered into force on 2 April 1994. The amendments to the Constitutional Court Act (Official Gazette RS, No. 51/07 – ZUstS-A) entered into force on 15 July 2007. The official consolidated text of the Constitutional Court Act currently in force was published in the Official Gazette of the Republic of Slovenia, No. 64/07. The Constitutional Court Act determines the procedure for deciding in cases falling under the jurisdiction of the Constitutional Court. In addition, the procedure for the election of the President and judges of the Constitutional Court as well as their position are regulated in more detail. Stemming from the principle that in relation to other state authorities the Constitutional Court is an autonomous and independent state authority, the Constitutional Court Act determines that funds for the work of the Constitutional Court  are determined by the National Assembly of the Republic of Slovenia upon the proposal of the Constitutional Court, and that the Constitutional Court alone decides on the use of these funds. The Constitutional Court Act vested in the Constitutional Court the authority to regulate in more detail by its own acts its organisation and work, as well as the procedural rules determined by the Constitutional Court Act. The Rules of Procedure of the Constitutional Court, which entered into force on 25 September 2007, regulate in more detail not only the organisation of work and the mode of operation of the Constitutional Court, but also the procedural rules for matters falling within its jurisdiction.

 

    Important dates

     5 June 1963
    The Constitutional Court of the Federal Unit of Yugoslavia is established.
     
    25 June 1991
    Independence of the Republic of Slovenia is proclaimed by the adoption of the Basic Constitutional Charter on Independence and Sovereignty of Slovenia and the Declaration of Independence.
     
    23 December 1991
    The Constitution of the Republic of Slovenia is adopted and proclaimed.
     
    2 April 1994
    The Constitutional Court Act enters into force.

    15 July 2007
    The Act Amending the Constitutional Court Act enters into force.