
Upon the invitation of the President of the Constitutional Court of the Republic of Slovenia, Mr Jože Tratnik, the President of the Republic of Slovenia, Dr Danilo Türk, paid an official visit to the Constitutional Court of the Republic of Slovenia on Friday 12 June 2009.
The President of the Republic of Slovenia had a rich and extended discussion with the judges of the Constitutional Court of the Republic of Slovenia, during which they exchanged views on the regulation of the position of the Constitutional Court of the Republic of Slovenia. A little more than a year ago, while addressing the deputies of the National Assembly of the Republic of Slovenia, the President of the Republic of Slovenia appealed for the necessity of understanding the importance of trust in the state authorities, and even more so trust in the functioning of the judicial branch of power and the Constitutional Court. He especially emphasised the perceived necessity to amend the constitution in a manner that would ensure that the Constitutional Court of the Republic of Slovenia is able to effectively perform its role as the guardian of constitutionality, human rights, and fundamental freedoms.
The judges of the Constitutional Court and the President of the Republic exchanged views regarding the work of the Constitutional Court. The extent of the workload is still excessive, as it comprises numerous cases not dealing with important constitutional issues and other important issues regarding the protection of human rights and fundamental freedoms. The public is still not aware that within the system of the state powers, the Constitutional Court is not intended to be yet another judicial instance dealing with applicants that are either not satisfied with the outcome of lower instance judicial proceedings or that have not been successful in achieving that their interests are respected by means of democratic dialogue at the national or local level. The public has to recognise that the Constitutional Court is a guardian of constitutionality.
The judges of the Constitutional Court and the President of the Republic agreed that the constitutional amendments discussed in the past year, as proposed by the President of the Republic, should be adopted without any further delay. The President of the Republic has underlined that the preparation of the constitutional amendments regarding the position and powers of the Constitutional Court have reached the point where they should be adopted as soon as possible due to their necessity. In the discussion great attention was devoted to the content of the possible constitutional amendments, which should strengthen the role of the Constitutional Court in a constitutional democracy, i.e. a state governed by the rule of law where there is awareness that the democratically expressed will of the people is subject to constitutional review, as well as awareness that Constitutional Court decisions are binding on all courts and all other state and local authorities.