SLOVENIA
Constitutional Court
Reference period:13 January 1994 - 31 August 1994
Statistical data
Number of decisions:
There were 10 sessions of the Constitutional Court during this period, in which it dealt with 118 cases in the field of protection of constitutionality and legality (cases denoted U- in the Constitutional Court register). There were 66 unresolved cases from the previous year at the beginning of the period (1 May 1994). The Constitutional Court accepted 83 new cases during the period of this report, confirming the trend of a steady increase in the number of new cases over the last five years.
In the same period, the Constitutional Court resolved:
• 54 cases, of which there were
• 21 Decisions and
• 33 Resolutions.
All Decisions (21) have been published in the Official Gazette of the Republic of Slovenia, while the Resolutions of the Constitutional Court are not to be published in an official bulletin, but rather handed over to participants in the proceedings. However, all decisions and resolutions are published in an official collection.
The content of the cases resolved in this period was the following:
- local self-government (7);
- regional planning, or the regime of building land (11);
- public utility services (3);
- taxes, fees and duties (6);
- privatisation of former social property (3);
- housing administration (3);
- citizenship (1);
- status of foreigners (1);
- social insurance (3);
- budget (1);
- labour relations (1);
- salaries of state office holders and public servants (2);
- right to strike (1);
- practising lawyers (1);
- banking (1);
- criminal law (5);
- inheritance (1);
- judiciary (2);
- organisation of radio/television (1).
The new (internal) rules of procedure of the Constitutional Court are still in the process of being adopted by the Constitutional Court.
Important decisions
I.
Identification:
a) Slovenia / b) Constitutional Court of the Republic of Slovenia / ñ) / d) 13 January 1994 / e) U-l-6/93/O/g) Official Gazette of the Republic of Slovenia, No. 23/94.
Keywords of the systematic thesaurus:
Constitutional justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional justice - The subject of review - Laws and other rules having the force of law.
Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Other.
Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication
- Publication in the official gazette.
Constitutional Justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication
- Publication in an official collection.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Effect erga omnes.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Influence of judgements on the functioning of state organs and on everyday conduct.
Constitutional justice - Constitutional proceedings -Common principles or techniques of interpretation -Principle of legality.
Constitutional justice - Constitutional proceedings -Common principles or techniques of interpretation -Historical interpretation.
Institutions - Courts - Procedural safeguards - Fair trial. Institutions - Courts - Military court - Procedure.
Fundamental rights - Civil and political rights - Right to a fair trial.
Sources of constitutional law - Categories - Unwritten rules - General principles.
Keywords of the alphabetical index:
Criminal proceedings / Validity of preconstitutional decree.
Summary:
All the elements of the provisions of the Decree on Military Courts of 24 May 1944 are contrary to the Constitution and even at the time of their issuing and use they conflicted with the general legal principles recognised by civilised nations as well as with the Constitution of the Republic of Slovenia. In particular:
a) all those elements of the provisions which were, and insofar as they were, used in specific criminal proceedings to incriminate persons without reference to clearly defined acts of the accused;
b) all those elements of the provisions whose lack of clarity served, and insofar as it served, in specific criminal proceedings as grounds for arbitrary decisions by the courts of that time ;
c) all those elements of the provisions which enabled trials for actions carried out prior to the enactment of the decree, and which were not punishable according to general legal principles recognised by civilized nations. The existing regulations for raising objections in criminal proceedings are in contrast with the Constitution since they enable neither the removal of all decrees that are procedurally and substantively wrong and which were issued on the basis of regulations of the revolutionary war and postwar authorities, nor the removal of the consequences of these decrees by means of an extraordinary legal remedy.
Supplementary information :
Dissenting / Concurring opinion of a constitutional judge.
II.
Identification:
a) Slovenia / b) Constitutional Court of the Republic of Slovenia / c) / d) 31 March 1994 / e) U-l-115/93 / f) / g) Official Gazette of the Republic of Slovenia, No.25/94.
Keywords of tie systematic thesaurus:
Constitutional justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional justice - The subject of review - Laws and other rules having the force of law.
Constitutional justice - Constitutional proceedings -Types of claim - Claim by a private body or individual
- Profit-making corporate body.
Constitutional justice - Constitutional proceedings -Decisions - Types - Annulment.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication- Publication in the official gazette.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication
- Publication in an official collection.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Effect erga omnes.
Constitutional justice - Common principles or techniques of interpretation - The social dimension of the rule of law.
Fundamental rights - Civil and political rights - Right to property.
Keywords of the alphabetical index:
Interfering with the rights of third parties / Retroactive (retrospective) effect / Third parties' liability / Rule of law.
Summary:
The Law on Protection of Claims in the Processes of Ownership Transformation of Companies and Other Legal Persons is not in accordance with the Constitution because it introduces unlimited liability of third parties for debtor's obligations and thus enables direct and unlimited
interference with their property rights (Constitution, Article 33); because it defines legal relations which have already been legally set out by various civil law provisions, and introduces damage
liability for damage without taking into consideration the causal relation between harmful actions and damage to creditors, which is an infringement of the constitutional principle of a State governed by the rule of law (Constitution, Article 2), and because it retroactively affects legal relations already existing without establishing any public interest, and interferes with the accrued rights of third parties (Constitution, Article 155).
III.
Identification:
a) Slovenia / b) Constitutional Court of the Republic of Slovenia / c) / d) 31 March 1994 / e) U-l-133/94 / f) / g) Official Gazette of the Republic of Slovenia, No.32/94.
Keywords of the systematic thesaurus:
Constitutional justice-Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional justice - The subject of review - Laws and other rules having the force of law.
Constitutional justice - Constitutional proceedings -Types of claim - Claim by a private body or individual
- Profit-making corporate body.
Constitutional justice - Constitutional proceedings -Decisions - Types - Annulment.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication – Publication - Publication in the official gazette.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication - Publication in an official collection.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Erga omnes effect.
Fundamental rights - Civil and political rights - Right of petition.
Fundamental rights - Civil and political rights - Right of access to courts.
Fundamental rights - Civil and political rights - Right to property.
Fundamental rights - Economic, social and cultural rights - Commercial and industrial freedom.
Keywords of the alphabetical index:
Rights of third parties, Infringement / Right to appeal and other legal remedies.
Summary:
The third paragraph of Article 51 of the Companies Ownership Transformation Act (Official Gazette of the Republic of Slovenia, nos. 55/92, 7/93 and 31/93) is not in conformity with the
Constitution of the Republic of Slovenia for having retrospective effect on legally concluded and implemented legal transactions and also for infringing the accrued rights of third parties (Article 155 of the Constitution). The provisions of Article 48 (a) of the Companies Ownership Transformation Act (Official Gazette of the Republic of Slovenia, nos. 55/92,7/93 and 31/93) only make operational the previously prescribed principles of management of socially-owned assets and of business morality; for this reason they do not have retrospective effect on legally established legal relations, and are thus not in conflict with the Constitution of the Republic of Slovenia (Article 155).
Legal entities under any obligation arising from a decision of an auditing agency are entitled to judicial protection of full jurisdiction. For this reason, the provisions of Articles 48 (b) and 48 (ñ) of the Companies Ownership Transformation Act are not in conflict with Articles 2, 8, 22, 23,25 and 157 of the Constitution of the Republic of Slovenia.
IV.
Identification:
a) Slovenia / b) Constitutional Court of the Republic of Slovenia / c) / d) 7 April 1994 / e) U-l-193/93 / f) / g) Official Gazette of the Republic of Slovenia, No.35/94.
Keywords of the systematic thesaurus:
Constitutional justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional justice - The subject of review - Laws and other rules having the force of law.
Constitutional justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Political parties.
Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication – Publication - Publication in the official gazette.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication
- Publication in an official collection.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Effect erga omnes.
Constitutional justice - Common principles or techniques of interpretation - Literal interpretation.
Institutions - Executive bodies - Powers.
Fundamental rights - Economic, social and cultural rights - Right to strike.
Keywords of the alphabetical index:
Right to strike and the role of Trade unions in organising a strike.
Summary:
The provisions of Article 98 (b) of the Internal Affairs Act, of Article 122 (a) of the Punitive Sanctions Enforcement Act, of Article 35 (a) of the Customs Service Ad and of Article 147 (a) of the Air Services Act, which provide for the right to strike and define the role of Trade Unions in organising a strike, are not in conflict with the Constitution and ratified international agreements.
V.
Identification:
a) Slovenia / b) Constitutional Court of the Republic of Slovenia/ c) / d)12 May 1994 / e) U-l-44/93 / f) / g) Official Gazette of the Republic of Slovenia, No. 32/94.
Keywords of the systematic thesaurus:
Constitutional justice - Types of litigation - Litigation in respect of the distribution of powers between central government and its subdivisions.
Constitutional justice - The subject of review - Laws and other rules having the force of law.
Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Organs of decentralised authorities.
Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication – Publication - Publication in the official gazette.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication – Publication - Publication in an official collection.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Effect erga omnes.
Institutions - Executive bodies - Territorial administrative decentralisation - Municipalities.
Institutions - Public Finances - Budget.
Keywords of the alphabetical index:
Prohibition against ex post facto law / Responsibility of the Municipality.
Summary:
The regulation which provides for a time limit (beginning in 1993) for loans stipulated by Municipalities and which prohibits Municipalities from contracting fresh loans beyond such limits is not in conflict with the Constitution.
The regulation according to which the Republic of Slovenia shall not be obliged to provide a guarantee for financial obligations of Municipalities is not in conflict with the Constitution.
The regulation according to which funds provided to ensure financial settlement in respect of Municipalities which fail to repay long-term debts upon their maturity may be used to finance minimum wages of employees and officials of bodies financed by the Municipal budget, is not in conflict with the Constitution.
VI.
Identification:
a) Slovenia / b) Constitutional Court of the Republic of Slovenia / c) / d) 12 May 1994 / e) U-l-81/93 / f) / g) Official Gazette of the Republic of Slovenia, No. 32/94.
Keywords of the systematic thesaurus:
Constitutional justice - Types of litigation - Litigation in respect of the distribution of powers between State authorities.
Constitutional justice - The subject of review - Rules issued by the executive.
Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Organs of decentralised authorities.
Constitutional justice - Constitutional proceedings -Decisions - Types - Annulment.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication – Publication - Publication in the official gazette.
Constitutional justice - Constitutional proceedings -Decisions - Pronouncement and publication – Publication - Publication in an official collection.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Erga omnes effect.
Constitutional justice - Constitutional proceedings -Decisions - Effects - Temporal effect - Retrospective effect.
Constitutional justice - Constitutional proceedings -Common principles or techniques of interpretation -The social dimension of the rule of law.
Institutions - Executive bodies - Territorial administrative decentralisation - Municipalities.
Fundamental rights - Economic, social and cultural rights.
Fundamental rights - Collective rights - Right to the environment.
Keywords of the alphabetical index:
Rule of law / Protection of natural and cultural heritage.
Summary:
The municipal Ordinance which modifies the Ordinance on the proclamation of cultural and historical monuments and natural sites and which reduces the legally prescribed scope of the obligation to obtain prior opinion or proposal from organisation responsible for the preservation of natural and cultural heritage is not in conformity with Article 18 of the Natural and Cultural Heritage Preservation Act and Article 2 and Article 73, (2) of the Constitution.