About the CourtLegal BasisThe Rules of ProcedureVI. THE OPERATION OF THE CONSTITUTIONAL COURT

VI. THE OPERATION OF THE CONSTITUTIONAL COURT


1. Applications

1.1. The Acceptance of Application
 
Article 34
(The Acceptance of Applications)

(1) Requests for the review of the constitutionality of a law, the constitutionality or legality of a regulation, or a general act issued for the exercise of public authority (hereinafter referred to as a request), petitions for instituting proceedings for the review of the constitutionality of a law, the constitutionality or legality of a regulation or a general act issued for the exercise of public authority (hereinafter referred to as a petition), constitutional complaints, and other applications and documents, are accepted by the Office of the Registrar of the Constitutional Court.

(2) The contents of individual applications are determined by the CCA and in the Annex to these Rules of Procedure.

(3) The Constitutional Court may determine forms for lodging petitions or constitutional complaints. Forms determined for these purposes are published on the website of the Constitutional Court, and are made available in printed form at the Office of the Registrar during office hours.

Article 35
(The Submission of an Application)

(1) The applications referred to in the first paragraph of the preceding article may be submitted in person at the Office of the Registrar during office hours, or sent by mail or other means of communication technology.

(2) Applications that are submitted in electronic form but which do not contain a secure electronic signature based on a qualified certificate are not considered applications that the Constitutional Court receives in the framework of office operations, and thus it is not obliged to respond to them.

1.2. The Entry into Registers and Supplementation of Applications

Article 36
(The Treatment of Applications)

The Head of the Office of the Registrar forwards applications to the Secretary General, who orders the manner of treating such, in conformity with the provisions of the act on internal office operations.

Article 37
(The Entry of an Application into a Register)
 
(1) The Secretary General determines the type of register into which a matter that is the subject of an application or other document is entered. The Secretary General orders the transfer of a matter into another type of register of his own motion or on the basis of a decision of the Constitutional Court or a panel of the Constitutional Court.

(2) The types of registers, the data which are to be entered into such, and the manner of their operation are regulated by the act on internal office operations.

(3) Applications that do not refer to the operation or jurisdiction of the Constitutional Court are to be entered into the general register (register R). This register also contains those applications designated as a request, petition, or constitutional complaint regarding which it is evident that they cannot be examined on the basis of the CCA and those regarding which it is evident on the basis of the case-law of the Constitutional Court that they have no possibility of success.

(4) If an application is not entered into the general register, the Head of the Office of the Registrar informs the applicant of the register into which the application has been entered and the registration number it has been assigned, the judge rapporteur who has been assigned the case, and the manner of providing information on the status of proceedings. The Office of the Registrar also informs the applicant if the registration number assigned to the case changes due to a joinder or severance regarding the case.

Article 38
(Activities after Receiving an Application)

(1) When the Secretary General assigns a case to an advisor, the advisor determines the classification of the case and proposes to the Secretary General or the judge rapporteur the activities which must be carried out in the individual case.

(2) The orders of the Secretary General and the advisor are executed by the Office of the Registrar.

Article 38.a
(The Treatment of Applications in the General Register)

(1) If an application is entered into the general register, the Secretary General notifies the applicant thereof and explains the following:
- the reasons why the Constitutional Court cannot examine the lodged application;
- the reasons why the application has no possibility of success;
- that within 30 days of receipt of such explanation the applicant can require that the Constitutional Court decide on his application.

(2) If the Constitutional Court cannot examine the application due to deficiencies that can still be remedied in accordance with the CCA, the Secretary General explains to the applicant how to remedy the deficiencies of the application. At the same time, the Secretary General determines a period within which the applicant can remedy the deficiencies and informs him of the determined consequences if the deficiencies are not remedied within such period of time. This period cannot be determined in such a manner that it expires before the date of the expiry of the period determined in the CCA for lodging the application.

(3) In the case referred to in the first paragraph, the Secretary General can inform the applicant of the possibility of the imposition of a fine in accordance with Article 34.a of the CCA.

(4) If, after receiving the explanation of the Secretary General, the applicant remedies the deficiencies of the application in due time or notifies the Constitutional Court that he requires that the Constitutional Court decide on the application, the application is transferred into the appropriate register in which applications to be decided by the Constitutional Court are registered.

(5) If the applicant does not proceed in accordance with the preceding paragraph, it is deemed that the application was not lodged.
 
Article 39
(The Supplementation of an Application)

(1) If the explanation of the Secretary General calls on the applicant to supplement his application within a determined period of time, supplementations of his application subsequent thereto are not taken into consideration.

(2) If an applicant does not receive the explanation of the Secretary General determined in the first paragraph of this article and the application was lodged in due time and entered into the register in which applications to be decided by the Constitutional Court are registered, the judge rapporteur invites the applicant to supplement his application if it is not complete, provided that it concerns a constitutional complaint or other application which the law determines must be lodged within a given period of time. The judge rapporteur also informs the applicant of the consequences determined by the CCA if he fails to supplement his application within the determined period of time.

1.3. The Signing and Serving of Constitutional Court Documents

Article 40
(The Signing and Serving of Documents)

(1) The judge rapporteur signs the documents of the Constitutional Court regarding cases in its jurisdiction, except for decisions and orders, which are adopted at sessions or panel sessions.

(2) If the judge rapporteur is absent, the documents which must be immediately sent are signed by another Constitutional Court judge. If all judges of the Constitutional Court are absent, documents which must be immediately sent are signed by the Secretary General, if they are not orders or decisions of the Constitutional Court.

(3) Documents of the Constitutional Court are served in accordance with the provisions of the law regulating civil procedure, unless these Rules of Procedure determine otherwise.
 
(4) The information referred to in the third paragraph of Article 37 of these Rules of Procedure is sent by regular mail, unless the Secretary General orders otherwise.

Article 41
(The Person Jointly Authorised to Accept Documents Served)

If a petition is lodged by a number of petitioners by the same application and the petitioners do not have an authorised representative, the judge rapporteur notifies the first signed petitioner that the petitioners are to jointly appoint a person authorised to accept documents served. If the petitioners do not reply within the period of time determined by the Constitutional Court for this purpose, it is deemed that the first signed petitioner is the person jointly authorised to accept documents served.

2. The Participation of Lawyers in Public Hearings

Article 42
(The Attire of Lawyers)
 
At public hearings and preliminary hearings dealing with procedural matters before the Constitutional Court, lawyers are to wear the attire that is prescribed for representing parties before the court.

3. The Appointment of Court Interpreters

Article 43
(The Appointment of Court Interpreters)

When participants in proceedings before the Constitutional Court are entitled to use a language which is not Slovene, to submit applications in their own language, or to be provided with a court interpreter at public hearings, the Secretary General selects a court interpreter from the list of court interpreters maintained by the Ministry of Justice, and orders a translation.

4. The Disqualification of a Constitutional Court Judge

Article 44
(Decision on Disqualification)

(1) If a participant in proceedings motions for the disqualification of a Constitutional Court judge deciding on a certain case, the Constitutional Court decides upon the motion at a session. If it dismisses the motion for disqualification, it issues an order which must include a statement of reasons and be served on the participants in proceedings.

(2) If the Constitutional Court grants a motion for the disqualification of a Constitutional Court judge, it decides on such by an order which does not include a statement of reasons. The Secretary General notifies the participants in proceedings of the disqualification.

(3) When deciding on a judge’s proposal for recusation regarding deciding on a case, the Constitutional Court decides on such by an order which does not contain a statement of reasons. The participants in proceedings are not notified of such an order.
(4) The statement of the composition of the Constitutional Court in a decision or an order always states which if any of the Constitutional Court judges was disqualified from deciding on the case.

5. The Costs of Proceedings

Article 45
(Deciding on Costs)

The costs of proceedings which are claimed by participants in proceedings, and the payment of costs that the court incurs in connection with the proceedings (for expert witnesses, interpreters, etc.), are decided by the Constitutional Court together with the decision on the case.