U-II-2/11

The power of the Constitutional Court in accordance with the first paragraph of Article 21 of the Referendum and Public Initiative Act must be understood in a manner such that the Constitutional Court can establish that unconstitutional consequences occurred as a result of the possible dismissal of a statute at a referendum, if the allegations of the National Assembly manifestly demonstrate the existing unconstitutionality that must be remedied in order to protect important constitutional values which must be given priority over the constitutional right of voters to decide on a statute at a referendum. In the request of the National Assembly there are no specific allegations with reference to the question of how the regulation of the third paragraph of Article 65 of the Protection of Documents and Archives and Archival Institutions Act could at all harm the interests of the Republic of Slovenia. Furthermore, the National Assembly did not specifically substantiate a violation of human rights and fundamental freedoms of individuals.