I. The most important changes concern the constitutional complaint procedure:

A constitutional complaint is as a general rule not admissible in instances of small-claims disputes, in trespass to property disputes, minor offence cases, and in instances in which only a decision on the costs of proceedings is challenged.

The Constitutional Court accepts a constitutional complaint for consideration only:
1) if there is a violation of human rights or fundamental freedoms which had serious consequences for the complainant; or 2) if it concerns an important constitutional question which exceeds the importance of the concrete case – thus, if, from the viewpoint of human rights, such concerns a precedential decision.

A panel of three Constitutional Court judges unanimously decides whether the statutory conditions for the consideration of a constitutional complaint are fulfilled. Furthermore, it decides on the acceptance of the constitutional complaint for consideration. Orders by which a constitutional complaint is rejected or is not accepted for consideration will as a general rule not include a statement of reasons.

II. In procedures for the review of the constitutionality or legality of regulations, the Act is amended in the part which refers to instances in which a regulation that has a direct effect (i.e. an additional procedure is not necessary for its implementation) is challenged by a petition – it may be challenged within one year after such regulation enters into force or within one year after the day the petitioner learns of the occurrence of harmful consequences. This amendment applies only to petitions which will be lodged after the implementation of the amendments of the Act.

If statutory provisions are challenged by the Supreme Court, a court which should apply such statutory provisions in individual proceedings may stay proceedings until the final decision of the Constitutional Court without having to initiate proceedings for the review of the constitutionality of such law or part thereof by a separate request. In order to enable quick access to data regarding which statutory provisions are challenged by the request of the Supreme Court, a list of such cases will be published on the Constitutional Court Web site. On the Constitutional Court Web site, court judges may enable an automatic alert regarding changes to the aforementioned list.

Henceforth, the Act determines the obligatory components of a request, petition, and constitutional complaint. These are published on the Constitutional Court Web site and are included in the forms for lodging a petition or constitutional complaint. This amendment may be of particular interest for attorneys, as the Constitutional Court may punish an attorney by a fine if an application does not contain the essential components determined by law.

Procedures in cases lodged with the Constitutional Court continue in accordance with the provisions of the new Act, unless otherwise determined.

 

On 15 July 2007, the amendments of the Constitutional Court Act which bring several important changes to procedures within the jurisdiction of the Constitutional Court entered into force. These amendments have already been included in the Slovene and English texts of the Constitutional Court Act, which are published on the Constitutional Court Web site.