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ANNEX (The Contents of Applications)

ANNEX TO THE RULES OF PROCEDURE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF SLOVENIA

The Contents of Applications

I. The Contents of a Request to Initiate the Procedure for the Review of the Constitutionality or Legality of Regulations or General Acts Issued for the Exercise of Public Authority

1. A request to initiate the procedure for the review of the constitutionality or legality of regulations or general acts issued for the exercise of public authority must contain the following information:

  • the name of the applicant and where it is based or the personal names of the deputies who submitted the request,
  • the data on the applicant (its address) and its representative or authorised representative (personal name and the address of his permanent or temporary residence or its registered name and address) in proceedings before the Constitutional Court,
  • the regulation and a list of the articles of the regulation which are challenged by the request, and the authority which issued the regulation,
  • the issue of the Official Gazette of the Republic of Slovenia or other official publication in which the challenged regulation was published,
  • the inconsistency with the Constitution or law and a statement of reasons for the inconsistency,
  • information on the fulfilment of the conditions determined by law for submitting a request,
  • if an applicant challenges a regulation which ceased to be in force, the circumstances must be stated from which it follows which consequences of the unconstitutionality or unlawfulness were not remedied.

2. The applicant's signature.

3. The following documents must be enclosed with the request:

  • documents which prove that the conditions for submitting a request determined by law are fulfilled,
  • if the request is submitted by a court, the order on the stay of proceedings must be enclosed with the request,
  • if the request is submitted by a representative body of a local community, the order adopted regarding submitting the request must be enclosed with the request,
  • if the request is submitted by a mayor on behalf of a local community, the authorization of the local community council must be enclosed with the request or the mayor must enclose a general authorization contained in the local community charter,
  • if a mayor submits a request against a general act of the municipality, the minutes of the session of the local community council on the new deciding on the challenged act must be enclosed with the request, 
  • if the request is submitted by a national representative trade union (for an individual activity or profession), proof of its representative nature must be enclosed with the request,
  • if an applicant is represented by an authorised representative, he must submit an authorization which is provided especially for proceedings before the Constitutional Court.

II. The Contents of a Petition to Initiate the Procedure for the Review of the Constitutionality or Legality of Regulations or General Acts Issued for the Exercise of Public Authority

1. A petition to initiate the procedure for the review of the constitutionality or legality of regulations or general acts issued for the exercise of public authority must contain the following information:

  • the personal name, name, or registered name of the petitioner,
  • the address of permanent or temporary residence of the petitioner or where the petitioner is based,
  • the personal name or registered name and the address of permanent or temporary residence of the petitioner's representative or authorised representative or where such representative is based,
  • the regulation and a list of the articles of the regulation which are challenged by the petition, and the authority which issued the regulation,
  • the issue of the Official Gazette of the Republic of Slovenia or other official publication in which the challenged regulation was published,
  • the inconsistency with the Constitution or law and a statement of reasons for the inconsistency,
  • a statement of reasons which justify a legal interest for lodging a petition, along with information from which it is evident that the challenged regulation directly interferes with the petitioner’s rights, legal interests, or legal position,
  • if the petitioner challenges a regulation or general act issued for the exercise of public authority which has direct effects and more than one year has elapsed from its entry into force, he must state the circumstances from which it is evident when he learned of the occurrence of harmful consequences,
  • if the petitioner challenges a regulation which has ceased to be in force, the circumstances must be stated from which it follows which consequences of the unconstitutionality or unlawfulness were not remedied.
  • if the petition is lodged in the same application by more than one petitioner, the petitioners must state a person jointly authorised to accept documents served.

2. The applicant's signature.

3. The following documents must be enclosed with the petition:

  • the petitioner must submit the documents to which he refers in order to support his legal interest,
  • a petitioner who is not a natural person must submit proof of its legal status,
  • if a petitioner is represented by an authorised representative, he must submit an authorization which is provided especially for proceedings before the Constitutional Court,
  • an authorised representative who is not a lawyer must submit a special authorization to transfer authorization in proceedings before the Constitutional Court to another person.

 

III. The Contents of a Constitutional Complaint

1. A constitutional complaint must contain the following information:

  • the personal name, name, or registered name of the complainant,
  • the address of permanent or temporary residence of the complainant or where the complainant is based,
  • the personal name or registered name and the address of permanent or temporary residence of the complainant's representative or authorised representative or where such representative is based,
  • the individual act which is challenged and the authority which issued the act, its reference number, and the date of its issuance,
  • a statement of the allegedly violated human rights or fundamental freedoms,
  • a statement of reasons which substantiate the alleged violations,
  • the date when the challenged individual act was served on the complainant,
  • a statement that all legal remedies have been exhausted (together with a statement of all decisions issued with reference to the subject of the constitutional complaint),
  • if the constitutional complaint is lodged before all extraordinary legal remedies have been exhausted, it must also contain the facts which substantiate the manifestly obvious nature of the alleged violation and the facts which substantiate that irreparable consequences would result from the implementation of the individual act for the complainant,
  • if the constitutional complaint is lodged after the expiration of the time limit for lodging such, it must also contain reasons which substantiate exceptional deciding on the constitutional complaint,
  • if the constitutional complaint is lodged against individual acts against which as a general rule a constitutional complaint is not allowed, it must also contain a statement of facts which substantiate an important constitutional question which exceeds the importance of the concrete case.

2. The applicant's signature.

3. The following documents must be enclosed with the constitutional complaint:

  • a copy of the challenged individual act and copies of all other individual acts which were issued in proceedings before the competent authorities with reference to the challenged individual act,
  • the documents on which the constitutional complainant is based,
  • a constitutional complainant who is not a natural person must submit proof of its legal status,
  • if a constitutional complaint is lodged by the ombudsman for human rights, he must submit the consent of the person whose human rights or fundamental freedoms he is protecting in the individual case,
  • if a constitutional complainant is represented by an authorised representative, he must submit an authorization which is provided especially for proceedings before the Constitutional Court, whereby the authorization must be given after the individual act against which the constitutional complaint is lodged has been served,
  • an authorised representative who is not a lawyer must have a special authorization to transfer authorization in proceedings before the Constitutional Court to another person.


IV. The Contents of a Request and Petition for a Decision on Jurisdictional Disputes


1.1 A request for a decision on a jurisdictional dispute must contain the following information:

  • the name of the applicant and where it is based,
  • the personal name of the applicant's representative,
  • the name of the authorities in dispute and where they are based,
  • the general or individual act which caused the dispute or the case regarding which the affected authorities cannot agree on jurisdiction,
  • the provisions of regulations which regulate the jurisdiction of the authorities in dispute.

1.2 The applicant’s signature.

1.3 The following documents must be enclosed with the request:

  • the case file of the individual case with reference to which the jurisdictional dispute arose must be submitted with the request for a decision on the jurisdictional dispute between the court and other state authorities,
  • the documents to which the applicant refers.

2.1 A petition for a decision on a jurisdictional dispute must contain the following information:

  • the personal name, name, or registered name of the petitioner,
  • the address of permanent or temporary residence of the petitioner or where the petitioner is based,
  • the personal name or registered name and the address of permanent or temporary residence of the petitioner's representative or authorised representative or where they are based,
  • the name of the authority or authorities in dispute and where they are based,
  • the general or individual act which caused the dispute or the case regarding which the affected authorities cannot agree on jurisdiction.

2.2 The applicant’s signature.

2.3 The following documents must be enclosed with the petition:

  • the documents by which the petitioner substantiates his allegations must be enclosed with the petition for a decision on a jurisdictional dispute between the court and other state authority.



V. The Contents of Impeachment Charges against the President of the Republic, the President of the Government, or a Minister 

1. Impeachment charges against the President of the Republic, the President of the Government, or a minister must contain the following information:

  • a statement of the resolution on impeachment,
  • data on the applicant and the applicant's representative or authorised representative in proceedings before the Constitutional Court,
  • a description of the alleged violation of the Constitution or serious violation of the law,
  • facts which substantiate the violation and evidence for such,
  • the proposal of the applicant.

2. The applicant’s signature.

3. The following documents must be enclosed with the impeachment charges:

  • a copy of the resolution on impeachment,
  • proof of the result of voting on the resolution on impeachment,
  • the documents to which the applicant refers.

 

VI. The Contents of a Request or Petitions for the Review of the Unconstitutionality of the Acts and Activities of Political Parties

1. A request or a petition for the review of the unconstitutionality of the acts and activities of political parties must contain the following information:

  • the name of the applicant and where it is based or the personal name, name, or registered name of the petitioner,
  • the address of permanent or temporary residence of the applicant or where it is based,
  • the personal name or registered name and the address of permanent or temporary residence of the applicant's representative or authorised representative or where such representative is based,
  • the name and address of the political party whose acts and/or activities are allegedly unconstitutional,
  • a statement of the acts and/or activities of the political party that are allegedly unconstitutional,
  • a statement of the facts which substantiate the unconstitutionality and evidence for such,
  • the violation of the Constitution and the reasons for the unconstitutionality of the acts and/or actions,
  • the proposal of the applicant.

2. The applicant’s signature.

3. The following documents must be enclosed with the request or petition:

  • a petitioner who is not a natural person must submit proof of its legal status,
  • the act which is allegedly unconstitutional,
  • the documents to which the applicant refers.


VII. The Contents of an Appeal in the Procedure for Confirming the Election of a Deputy


1. An appeal against a decision of the National Assembly on the confirmation of the election of a deputy must contain the following information:

  • the personal name and the address of permanent or temporary residence of the appellant,
  • the personal name or registered name and the address of permanent or temporary residence of the appellant’s authorised representative or where such representative is based,
  • the allegations by which the appellant substantiates that he may lodge an appeal,
  • a statement of reasons why the decision of the National Assembly is allegedly unconstitutional or unlawful,
  • the circumstances by which the appellant proves that the appeal was lodged in due time,
  • the proposal of the appellant.

2. The applicant’s signature.

3. The following documents must be enclosed with the appeal:

  • the decision of the Commission for Elections,
  • an appeal to the National Assembly against the decision of the Commission for Elections, if such was lodged,
  • the decision of the National Assembly on the confirmation or non-confirmation of the election of the deputy,
  • the documents to which the appellant refers.

 

VIII. The Contents of an Appeal in the Procedure for Confirming the Election of Members of the National Council

1. An appeal against a decision of the National Council that the election of a member is not confirmed must contain the following information:

  • the personal name and the address of permanent or temporary residence of the appellant,
  • the personal name or registered name and the address of permanent or temporary residence of the appellant's authorised representative or where such representative is based,
  • the allegations by which the appellant substantiates that he may lodge an appeal,
  • the reasons for which the decision of the National Council is allegedly unconstitutional or unlawful,
  • the circumstances by which the appellant proves that the appeal was lodged in due time,
  • the proposal of the appellant.

2. The applicant’s signature.

3. The following documents must be enclosed with the appeal:

  • the decision of the National Council, 
  • an appeal to the National Council against the decision of the Commission for Elections, if such was lodged,
  • the decision of the National Council on the non-confirmation of the election of the member of the National Council,
  • the documents to which the appellant refers.

 

IX. The Contents of a Proposal that the Constitutional Court Issue an Opinion on the Conformity of a Treaty with the Constitution

1. A proposal that the Constitutional Court issue an opinion on the conformity of a treaty with the Constitution in the procedure for its ratification must contain the following information:

  • the name of the applicant or the names of the deputies who lodged the proposal,
  • the name of the representative or the name or registered name and the address of permanent or temporary residence of the authorised representative or where such representative is based,
  • the treaty,
  • the circumstances from which it is evident that the treaty is in the procedure for its ratification,
  • the provisions of the Constitution with which the treaty or a part thereof is allegedly inconsistent, and the reasons for the alleged inconsistency.

2. The applicant’s signature.

3. The following documents must be enclosed with the proposal:

  • the text of the treaty in the original language and in Slovene,
  • the documents to which the applicant refers.

 

X. The Contents of a Request to Review a Decision of the National Assembly not to Call a Referendum on an Amendment to the Constitution

1. A request to review a decision of the National Assembly not to call a referendum on an amendment to the Constitution must contain the following information:

  • the names of the deputies who lodged the request,
  • the data on the authorised representative of the applicant in proceedings before the Constitutional Court,
  • a description of the subject of the referendum and the referendum question,
  • the reasons for which the decision of the National Assembly is allegedly not substantiated,
  • the circumstances which prove that the request was lodged in due time.

2. The applicants’ signature.

3. The following documents must be enclosed with the request:

  • the decision of the National Assembly to not call a referendum,
  • the request that a referendum be called,
  • the documents to which the applicants refer.


XI. The Contents of a Request by the National Assembly regarding a Review of the Consequences which could Occur due to the Suspension of the Implementation of a Law or due to a Law not being Adopted


1. A request by the National Assembly regarding a review of the consequences which could occur due to the suspension of the implementation of a law or due to a law not being adopted must contain the following information:

  • the data on the applicant and applicant's legal representative or authorised representative in proceedings before the Constitutional Court,
  • a statement of the consequences which allegedly could occur due to the suspension of the implementation of the law or due to the law not being adopted,
  • the reasons due to which the consequences are allegedly unconstitutional,
  • the circumstances which prove that the request was lodged in due time.

2. The applicant’s signature.

3. The following documents must be enclosed with the request:

  • the request that a referendum be called,
  • the text of the law which should be decided at a referendum,
  • the documents to which the applicant refers.

 

XII. The Contents of a Request by a Municipal Council to Review the Constitutionality or Legality of a Request to Call a Referendum

1. The request of a municipal council to review the constitutionality or legality of a request to call a referendum must contain the following information:

  • the data on the applicant and applicant's legal representative and authorised representative in proceedings before the Constitutional Court,
  • a description of the subject of the referendum and the referendum question,
  • the reasons due to which the consequences of calling the referendum are allegedly inconsistent with the Constitution and law,
  • the circumstances which prove that the request was lodged in due time.

2. The applicants’ signature.

3. The following documents must be enclosed with the request:

  • the decision of the municipal council to lodge the request,
  • the request that a referendum be called,
  • the documents to which the applicant refers.

 

XIII. The Contents of a Request to Review the Constitutionality of a Decision of the National Assembly that a Municipal Council be Dissolved or a Mayor Dismissed

1. A request to review the constitutionality of a decision of the National Assembly that a municipal council be dissolved or a mayor dismissed must contain the following information:

  • the data on the applicant and applicant's legal representative and authorised representative in proceedings before the Constitutional Court,
  • the reasons due to which the decision of the National Assembly is allegedly unconstitutional,
  • the circumstances which prove that the request was lodged in due time.

2. The applicants’ signature.

3. The following documents must be enclosed with the request:

  • the decision of the National Assembly that a municipal council be dissolved or a mayor dismissed,
  • the documents to which the applicant refers