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Lodge application
A petition to initiate the procedure for the review of the constitutionality of regulations is a legal remedy by which a petitioner in proceedings before the Constitutional Court challenges the consistency of laws with the Constitution or an inconsistency of regulations or general acts issued for the exercise of public authority with the Constitution or laws.
Anyone who demonstrates legal interest may lodge a petition to initiate the procedure for the review of the constitutionality or legality of regulations.
Legal interest is deemed to be demonstrated if challenged provisions directly interfere with the petitioner’s rights, legal interests, or legal position, and if a Constitutional Court decision in favor of the petitioner will improve their legal position.
For more on petitions, see Applications.
Forms for lodging petitions and constitutional complaints are available at the Office of the Registrar of the Constitutional Court and on the website of the Constitutional Court: https://www.us-rs.si/vloge/obrazci/.
Decision-making process
- if it does not refer to an individual act by which the rights, obligations, or legal entitlements of the complainant were decided on;
- if the complainant does not have legal interest for a decision on the constitutional complaint; if the constitutional complaint is not admissible,
- if it was not lodged in time, or if all legal remedies have not been exhausted;
- if it was lodged by a person not entitled to do so;
- if the constitutional complaint is incomplete because it does not contain all the required information or documents and the complainant does not supplement it in accordance with a call to do so by the Constitutional Court, or if it is so incomplete that the Constitutional Court cannot examine it.
- issued in small-claims disputes in accordance with the act which regulates civil procedure, or in other disputes if the value in dispute by the complainant does not exceed the amount which is determined by the definition of small claims disputes in the act which regulates civil procedure;
- if only a decision on the costs of proceedings is challenged by the constitutional complaint;
- issued in trespass to property disputes;
- issued in minor offence cases.