Reference no.: |
Up-1096/06 |
Objavljeno: |
Official Gazette RS, No. 119/2007 and OdlUS XVI, 119 | 13.12.2007 |
ECLI: |
ECLI:SI:USRS:2007:Up.1096.06 |
Abstract: |
The position of the Supreme Court according to which the Judicial Council, with reference to confirming a negative assessment of the performance of judicial office, is only competent to determine whether a procedure to carry out such assessment was lawful and not also whether the substantive reasons for such assessment were lawful, entails that judicial protection regarding substantive reasons for a negative assessment of the performance of judicial office does not exist and consequently there is no judicial review whether the substantive reasons for the termination of judicial office were substantiated. Therefore, such position violates the complainant's right to judicial protection determined in the first paragraph of Article 23 of the Constitution. |
Document in PDF: |
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Type of procedure: |
constitutional complaint |
Type of act: |
individual act |
Date of application: |
28.06.2006 |
Date of decision: |
13.12.2007 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN03070 |