Up-293/16

Opravilna št.:
Up-293/16
Evidenčni stavek:
The court’s assessment (which forms one of the two underlying reasons for dismissing the appeal against the challenged act) that the complainant failed to meet the time limit for filing the indictment is based on a presumption that is contrary to the data contained in the file, as the indictment rejected by the challenged order was not based on the criminal complaint that was rejected by the order of 3 August 2009. The court thereby violated the prohibition of judicial arbitrariness (Article 22 of the Constitution). If a complainant demonstrates that only one, not both, of the two reasons on which the challenged court decision is based is unconstitutional, the Constitutional Court dismisses such complaint. 
Opomba:
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Dokument v PDF obliki:
Vrsta zadeve:
constitutional complaint
Vrsta akta:
individual act
Vlagatelj:
Josip Belušić, Koper
Datum vloge:
01.04.2016
Datum odločitve:
12.09.2019
Vrsta odločitve:
decision
Vrsta rešitve:
dismissal
Dokument:
AN03978