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Petitions and Constitutional Complaints

I. The Conditions for Lodging 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

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 may be lodged before the Constitutional Court under the conditions determined by the Constitutional Court Act (Official Gazette of the Republic of Slovenia, No. 67/07 - official consolidated text and 109/12 -  ZUstS).

In accordance with the first paragraph of Article 24 of the Constitutional Court Act, anyone who demonstrates legal interest may lodge 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. In accordance with the second paragraph of the same article, legal interest is deemed to be demonstrated if a regulation or general act issued for the exercise of public authority whose review has been requested by the petitioner* directly interferes with his rights, legal interests, or legal position. In instances in which regulations or general acts issued for the exercise of public authority have direct effects and interfere with the rights, legal interests, or legal position of the petitioner, a petition may be lodged within one year after such act enters into force or within one year after the day the petitioner learns of the occurrence of harmful consequences.

The content of the petition is determined in the first and second paragraphs of Article 24b of the Constitutional Court Act and by Item II of the Annex to the Rules of Procedure of the Constitutional Court (Official Gazette of the Republic of Slovenia, No. 86/07, 54/10 and 56/11).

The petition may also be filed using the form to file a petition which was determined by the Constitutional Court on the basis of the third paragraph of Article 34 of the Rules of Procedure of the Constitutional Court. The form is available on the website of the Constitutional Court and at the Office of the Registrar of the Constitutional Court during office hours.

In accordance with the second paragraph of Article 38a of the Constitutional Court Act, the Constitutional Court may decide that the personal data of a participant in proceedings or the personal data of other individuals not be stated in a decision or order. The motion of an applicant or a petitioner to conceal his identity must be submitted at the same time as the petition.

In accordance with Article 34a of the Constitutional Court Act, the Constitutional Court may punish a participant in proceedings or his authorized representative if they abuse the rights enjoyed in accordance with the law. In addition, the Constitutional Court may punish the authorized representative of a participant in proceedings who is an attorney by a fine if an application does not contain the essential components determined by law.

If a participant in proceedings before the Constitutional Court is represented by an authorized representative, he must, in accordance with the first paragraph of Article 24a of the Constitutional Court Act, submit the authorization which is provided especially for proceedings before the Constitutional Court. In accordance with the second paragraph of the same article, an authorized representative who is not an attorney must have a special authorization to transfer the authorization in proceedings before the Constitutional Court to another person.

Article 11 of the Constitution of the Republic of Slovenia determines that the official language in Slovenia is Slovene. Thus, applications must be filed before the Constitutional Court in the Slovene language. An application which is not filed in the Slovene language is deemed unintelligible (Article 6 of the Constitutional Court Act in connection with the second paragraph of Articles 104 and 108 of the Civil Procedure Act, Official Gazette of the Republic of Slovenia, No. 26/99 et seq.). An alien who has been deprived of his liberty has the right to file applications before the Constitutional Court also in his own language (Article 6 of the Constitutional Court Act in connection with the third paragraph of Article 7 of the Criminal Procedure Act, Official Gazette of the Republic of Slovenia, No. 63/94 et seq.).

A petition may be lodged in person at the Office of the Registrar of the Constitutional Court during office hours, it may also be sent by mail, or by means of communication or other technology.

It must be emphasized that, in accordance with the second paragraph of Article 35 of the Rules of Procedure of the Constitutional Court, applications that are filed in electronic form but which do not contain a secure electronic signature which includes 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.

II. The Conditions for Lodging a Constitutional Complaint

Anyone who wishes to lodge a constitutional complaint before the Constitutional Court due to a violation of human rights or fundamental freedoms by an individual act (a court decision) may do so under the conditions determined by the Constitutional Court Act (Official Gazette of the Republic of Slovenia, No. 67/07 - official consolidated text  and 109/12 - ZUstS) in Articles 50 through 53.

In accordance with the first paragraph of Article 50 of the above-mentioned Act, a constitutional complaint may be lodged due to a violation of human rights or fundamental freedoms against individual acts by which state authorities, local community authorities, or bearers of public authority decided on the rights, obligations, or legal entitlements of individuals or legal entities. A constitutional complaint may be lodged only after all legal remedies have been exhausted (the first paragraph of Article 51 of the Constitutional Court Act). It must be lodged within 60 days of the day the individual act against which a constitutional complaint is admissible is served (the first paragraph of Article 52 of the Constitutional Court Act).

A constitutional complaint is not admissible if the violation of human rights or fundamental freedoms did not have serious consequences for the complainant (the first paragraph of Article 55a of the Constitutional Court Act). In accordance with the second paragraph of the same article, 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 trespass to property disputes, and in minor offence cases, or if only a decision on the costs of proceedings is challenged. In especially well-founded cases the Constitutional Court may exceptionally decide on a constitutional complaint which is as a general rule not admissible in instances of a decision that concerns an important constitutional question which exceeds the importance of the concrete case (the third paragraph of the same article of the Constitutional Court Act).

A constitutional complaint must contain the information and documents determined in Article 53 of the Constitutional Court Act and by Item III of the Annex to the Rules of Procedure of the Constitutional Court (Official Gazette of the Republic of Slovenia, No. 86/07, 54/10 and 56/11).

The constitutional complaint may also be filed using the form to file a constitutional complaint which was determined by the Constitutional Court. The form is available on the website of the Constitutional Court and at the Office of the Registrar of the Constitutional Court during office hours.

The Constitutional Court may, in accordance with Article 34a of the Constitutional Court Act, punish a participant in proceedings or his authorized representative if they abuse the rights they enjoy in accordance with the law. In addition, the Constitutional Court may punish the authorized representative of a participant in proceedings who is an attorney by a fine if an application does not contain the essential components determined by law.

Article 11 of the Constitution of the Republic of Slovenia determines that the official language in Slovenia is Slovene. Thus, applications must be filed before the Constitutional Court in the Slovene language. An application which is not filed in the Slovene language is deemed unintelligible (Article 6 of the Constitutional Court Act in connection with the second paragraph of Articles 104 and 108 of the Civil Procedure Act, Official Gazette of the Republic of Slovenia, No. 26/99 et seq.). An alien who has been deprived of his liberty has the right to file applications with the Constitutional Court also in his own language (Article 6 of the Constitutional Court Act in connection with the third paragraph of Article 7 of the Criminal Procedure Act, Official Gazette of the Republic of Slovenia, No. 63/94 et seq.).

A constitutional complaint may be lodged in person at the Office of the Registrar of the Constitutional Court during office hours, it may also be sent by mail, or by means of communication or other technology.

It must be emphasized that, in accordance with the second paragraph of Article 35 of the Rules of Procedure of the Constitutional Court, applications that are filed in electronic form but which do not contain a secure electronic signature which includes 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.

*Any reference in this document to a person of the male sex shall be deemed to also constitute a reference to a person of the female sex, unless the context clearly indicates otherwise.