About the CourtJurisdiction

Jurisdiction


Most powers of the Constitutional Court are explicitly determined by the Constitution. The Constitution determines that also other matters may be vested in the Constitutional Court by laws.

Powers Determined by the Constitution

In accordance with the Constitution, the Constitutional Court decides:

- on the conformity of laws with the Constitution;
- on the conformity of laws and other regulations with ratified treaties and with the general principles of international law;
- on the conformity of regulations with the Constitution and with laws;
- on the conformity of local community regulations with the Constitution and with laws;
- on the conformity of general acts issued for the exercise of public authority with the Constitution, laws, and regulations;
- on constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts;
- on jurisdictional disputes between the state and local communities and among local communities themselves;
- on jurisdictional disputes between courts and other state authorities;
- on jurisdictional disputes between the National Assembly, the President of the Republic, and the Government;
- on the unconstitutionality of the acts and activities of political parties;
- on appeals against a decision of the National Assembly on the confirmation of the election of deputies;
- on the accountability of the President of the Republic, the President of the Government, and ministers;
- on the conformity of a treaty with the Constitution in the process of ratifying the treaty.

Powers Determined by Law

 
In accordance with the law, the Constitutional Court:

- decides on appeals against a National Assembly decision on the election of Slovenian members to the European Parliament;
- decides on appeals against a National Council decision that the election of a candidate to the National Council is not confirmed;
- decides on the admissibility of a National Assembly decision not to call a referendum on the confirmation of constitutional amendments;
- decides on a request of the National Assembly to review the constitutionality of consequences which could occur due to the suspension of the implementation of a law or due to a law not being adopted;
- decides on a request of a municipal council to review the constitutionality and legality of a request to call a referendum;
- reviews the constitutionality of a National Assembly decision to dissolve a municipal council or dismiss a mayor.

The Constitutional Review of Regulations – Competence of the Constitutional Court

 
The Constitutional Court in whole or in part abrogates laws that are not in conformity with the Constitution. In addition, the Constitutional Court abrogates or annuls regulations or general acts issued for the exercise of public authority that are unconstitutional or unlawful (with ex tunc effects). If the Constitutional Court deems a regulation unconstitutional or unlawful as it does not regulate a certain issue which it should regulate or it regulates such in a manner which does not enable abrogation or annulment, the Constitutional Court issues a declaratory decision thereon. The legislature or authority which issued such unconstitutional or unlawful regulation must remedy the established unconstitutionality or unlawfulness within a period of time determined by the Constitutional Court. Until a final decision, the Constitutional Court may suspend the implementation of the challenged regulations. If the Constitutional Court suspends the implementation of the challenged regulations, it may at the same time decide in what manner the decision is to be implemented.

Procedure for Deciding (Petitions)
 
(1) Petitions lodged to initiate a procedure to review 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 (regarding 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 dismisses a petition if it is manifestly unfounded or if it cannot be expected that an important legal question will be resolved.

(4) If the Constitutional Court accepts a petition, the procedure to review constitutionality or legality is initiated.

(5) 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 and the consequences of its unconstitutionality or unlawfulness were not remedied, the Constitutional Court decides on its constitutionality or legality.

Constitutional Complaints - Competence of the Constitutional Court
 
The Constitutional Court accepts a constitutional complaint for consideration if
the violation of human rights or fundamental freedoms had serious consequences for the complainant or if a decision concerns an important constitutional question which exceeds the importance of the concrete case. Constitutional complaints against individual acts issued in small-claims disputes, in trespass to property disputes, and in minor offence cases, or against a decision on the costs of proceedings, are as a general rule not admissible. In a constitutional complaint procedure the Constitutional Court may either annul or abrogate the individual act, and remand the case to the authority competent to decide thereon. If the conditions determined by law are fulfilled, the Constitutional Court may itself decide on the disputed right or freedom. When deciding on a constitutional complaint, the Constitutional Court may also review the constitutionality or legality of a regulation or a general act issued for the exercise of public authority.

Procedure for Deciding (Constitutional Complaints)
 
(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.

(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.

Consideration and Deciding
 
The Constitutional Court considers cases within its jurisdiction at a closed session or a public hearing which is called by the President of the Constitutional Court on his own initiative or upon the proposal of three Constitutional Court judges. After the consideration has been concluded, the Constitutional Court decides at a closed session by a majority vote of all Constitutional Court judges. A Constitutional Court judge who does not agree with a decision or with the reasoning of a decision may submit a dissenting or concurring opinion.

The Constitutional Court decides in a panel of three Constitutional Court judges whether the conditions for considering a constitutional complaint are fulfilled and whether to accept the constitutional complaint for consideration.

No appeal is allowed against decisions and orders issued in cases within the jurisdiction of the Constitutional Court.