The Constitutional Court of Slovenia (in Slovene: Ustavno sodišče Republike Slovenije, US RS) is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana. It is the highest court in the country for reviewing the constitutionality and protection of human rights and fundamental freedoms, otherwise the highest court in the country is the Supreme Court of the Republic of Slovenia. The constitutional court is not part of any branch of government (not even the judiciary) and is an independent state body.[1]
| Constitutional Court of the Republic of Slovenia | |
|---|---|
| Ustavno sodišče Republike Slovenije | |
 | |
 | |
| Established | 1991 |
| Jurisdiction | Republic of Slovenia |
| Location | Ljubljana, Slovenia |
| Composition method | Election by National Assembly of Slovenia |
| Authorised by | Constitution of Slovenia |
| Judge term length | 9 years (no mandatory retirement) |
| Number of positions | 9 |
| Website | https://www.us-rs.si |
| President | |
| Currently | Dr. Matej Accetto |
| Since | 19 December 2021 |
| Vice President | |
| Currently | Dr. Rok Čeferin |
| Since | 19 December 2021 |
The main responsibilities of the Constitutional Court include:
- reviewing the constitutionality and legality of laws and other regulations,
- deciding on constitutional complaints (violations of human rights) against the decisions of other state bodies,
- and certain other responsibilities related to elections and jurisdiction.[2]
The seat of the Court is in Ljubljana in a Plečnik's Palace, designed by a famous Slovenian architect Jože Plečnik.[3]
Jurisdiction
editMost powers of the Constitutional Court are explicitly determined by the Constitution. In accordance with the Constitution (§160), the Constitutional Court decides on:
- the conformity of laws with the Constitution and of laws and other regulations with ratified treaties and with the general principles of international law;
- the conformity of regulations with the Constitution and with laws;
- the conformity of local community regulations with the Constitution and with laws;
- the conformity of general acts issued for the exercise of public authority with the Constitution, laws, and regulations;
- constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts;
- on jurisdictional disputes between the state and local communities and among local communities themselves; between courts and other state authorities; and between the National Assembly, the President of the Republic, and the Government;
- the unconstitutionality of the acts and activities of political parties;
- other matters vested by the Constitution (e.g. deciding on an impeachment charges against the prime minister or president; conformity of international treaties with the Constitution before its ratification; appeals against a National Assembly decision on the election of Slovenian members to the European Parliament; admissibility of a National Assembly decision not to call a referendum on the confirmation of constitutional amendments; ).[2]
Procedures
editThe Constitutional Court has several strictly defined procedures in which cases may be brought before it. Procedures are regulated by the Constitutional Court Act.
Constitutional Court decides by a majority vote of all its judges unless otherwise provided for individual cases by the Constitution or law.[2] Decisions of the Court are binding for all.[1]
Procedure for the review of the constitutionality and legality
editThe procedure for the review of the constitutionality and legality of regulations and general acts issued for the exercise of public authority is initiated by:
- submission of a written request by an applicant (specific state bodies); or
- by a Constitutional Court order on the acceptance of a petition by a private citizen, whose legal interests were affected, to initiate a review procedure.[1]
Written request can be submitted by any court, the National Assembly, one third of MPs, the National Council, the Government, the Ombudsman, the Information Commissioner, the Bank of Slovenia, the State Prosecutor General, representative bodies of local communities, a representative association of local communities, and national representative trade unions.[1]
In this procedure the Court may:
- find that the law or other regulation is in conformity with the Constitution or law;
- in whole or in part abrogate an Act which is not in conformity with the Constitution;
- annul or abrogate other regulations (Act cannot be annulled or abrogated).[1]
Constitutional complaint
editConstitutional complaint is possible in case of to a violation of human rights or fundamental freedoms against individual acts of state or local authorities.[1]
A complaint may be lodged by:
- an individual whose were violated,; or
- the Ombudsman in connection with an individual case that he is dealing with.[1]
Complaint is not allowed until after all legal remedies have been exhausted.[1]
In this procedure the Court may:
- dismiss a constitutional complaint as unfounded;
- in whole or in part annuls or abrogates the individual act, and remands the case to the authority competent to decide thereon.[1]
Landmark decisions
edit- Tito street decision, U-I-109/10 of 3 October 2011.
Composition
editThe court consists of 9 judges, who are elected by the National Assembly of the Republic of Slovenia for a non-renewable 9-year term on the proposal of the President of the Republic.[2] Before replacing a judge after the end of their term, a new judge must first be elected. If this does not happen by the end of the judge's term, that judge's term will be extended until a new judge is elected (e.g. judge Dunja Jadek Pensa served for more than 10 years before political consensus was reached to elect judge Rok Svetlič in 2021).
Judges are elected from among legal experts, who are Slovenian citizens and at least 40 years of age,[2] but they do not have to meet the conditions that apply to the election of judges of regular courts. Among other things, the judges of the Constitutional Court do not need a state legal exam, which allows, for example, university professors to be elected as judges of the court.[1]
After election, a new judge must take the following oath before the National Assembly: "I swear that I shall judge according to the Constitution, the law, and my conscience and that I shall strive with all my power for constitutionality, legality, and the protection of human rights and fundamental freedoms."[1]
Judges elect a president and vice-president of the Court among themselves for a term of three years by a secret ballot.[2]
List of judges
edit| # | Judge | Term | Succession | Nominated by | Other positions | [4] | |||
|---|---|---|---|---|---|---|---|---|---|
| 1 | Janez Šinkovec (1928-2016) |
25 June 1991 | 8 January 1998 | 6 years, 197 days | 1 | President Milan Kučan | |||
| 2 | Lovro Šturm (1938-2021) |
25 June 1991 | 19 December 1998 | 7 years, 177 days | 1 | President of the Court (1997-1998) | |||
| 3 | Peter Jambrek (1940-) |
25 June 1991 | 19 December 1998 | 7 years, 177 days | 1 | President of the Court (1991-1994) | |||
| 4 | Anton Perenič (1941-) |
25 June 1991 | 30 September 1992 | 1 year, 97 days | 1 | ||||
| 5 | Anton (Tone) Jerovšek (1941-) |
25 June 1991 | 19 December 1998 | 7 years, 177 days | 1 | President of the Court (1994-1997) | |||
| 6 | Matevž Krivic (1942-) |
25 June 1991 | 19 December 1998 | 7 years, 177 days | 1 | ||||
| 7 | Janez Snoj (1934-2005) |
12 February 1992 | 31 March 1998 | 6 years, 47 days | 1 | ||||
| 8 | Lojze Ude (1936-) |
25 May 1993 | 24 May 2002 | 8 years, 364 days | 1 | ||||
| 9 | Boštjan M. Zupančič (1947-) |
25 May 1993 | 31 October 1998 | 7 years, 128 days | 1 | ||||
| 10 | Franc Testen (1948-) |
25 May 1993 | 24 May 2002 | 8 years, 364 days | 2 - Succeeding Judge (4) Perenič | President of the Court (1998-2001) | |||
| 11 | Miroslava Geč-Korošec (1939-2002) |
9 January 1998 | 1 October 2000 | 7 years, 177 days | 2 - Succeeding Judge (1) Šinkovec | ||||
| 12 | Dragica Wedam Lukić (1949-) |
1 April 1998 | 31 March 2007 | 8 years, 364 days | 2 - Succeeding Judge (7) Snoj | President of the Court (2001-2004) | |||
| 13 | Janez Čebulj (1957-) |
31 October 1998 | 27 March 2008 | 9 years, 148 days | 2 - Succeeding Judge (3) Jambrek | Secretary of the Court (1993-1998) President of the Court (2004-2007) | |||
| 14 | Lojze Janko (1943-) |
31 October 1998 | 31 October 2007 | 9 years, 0 days | 2 - Succeeding Judge (6) Krivic | ||||
| 15 | Mirjam Škrk (1947-) |
31 October 1998 | 27 March 2008 | 8 years, 364 days | 2 - Succeeding Judge (2) Šturm | ||||
| 16 | Milojka Modrijan (1945-) |
1 November 1998 | 20 November 2007 | 8 years, 364 days | 2 - Succeeding Judge (9) Zupančič | ||||
| 17 | Zvonko Fišer (1949-) |
18 December 1998 | 27 March 2008 | 9 years, 100 days | 2 - Succeeding Judge (5) Jerovšek | ||||
| 19 | Ciril Ribičič (1947-) |
19 December 2000 | 18 December 2009 | 8 years, 364 days | 3 - Succeeding Judge (11) Geč-Korošec | President Janez Drnovšek | |||
| 20 | Jože Tratnik (1941-) |
25 May 2002 | 17 July 2011 | 9 years, 53 days | 2 - Succeeding Judge (8) Ude | President of the Court (2007-2010) | |||
| 21 | Marija Krisper Kramberger (1946-) |
25 May 2002 | 13 September 2010 | 8 years, 111 days | 3 - Succeeding Judge (10) Testen | ||||
| 18 | Franc Grad (1948-) |
1 April 2007 | 31 January 2008 | 305 days | 3 - Succeeding Judge (12) Wedam Lukić | ||||
| 22 | Miroslav Mozetič (1950-) |
31 October 2007 | 30 October 2016 | 8 years, 365 days | 3 - Succeeding Judge (14) Janko | President of the Court (2013-2016) | |||
| 23 | Marta Klampfer (1953-2016) |
20 November 2007 | 19 November 2016 | 8 years, 365 days | 3 - Succeeding Judge (16) Modrijan | ||||
| 24 | Mitja Deisinger (1942-) |
27 March 2008 | 26 March 2017 | 8 years, 364 days | 3 - Succeeding Judge (17) Fišer | President Danilo Türk | |||
| 25 | Jasna Pogačar (1953-) |
27 March 2008 | 26 March 2017 | 8 years, 364 days | 3 - Succeeding Judge (13) Čebulj | ||||
| 26 | Jan Zobec (1954-) |
27 March 2008 | 26 March 2017 | 8 years, 364 days | 4 - Succeeding Judge (18) Grad | ||||
| 27 | Ernest Petrič (1936-) |
25 April 2008 | 24 April 2017 | 8 years, 364 days | 3 - Succeeding Judge (15) Škrk | President of the Court (2010-2013) | |||
| 28 | Jadranka Sovdat (1960-) |
19 December 2009 | 18 December 2018 | 8 years, 364 days | 4 - Succeeding Judge (19) Ribičič | Secretary of the Court (1999-2009) President of the Court (2016-2018) | |||
| 29 | Etelka Korpič-Horvat (1948-) |
29 September 2010 | 27 September 2019 | 8 years, 363 days | 4 - Succeeding Judge (21) Krisper Kramberger | ||||
| 30 | Dunja Jadek Pensa (1959-) |
15 July 2011 | 9 November 2021 | 10 years, 117 days | 3 - Succeeding Judge (20) Tratnik | ||||
| 31 | Špelca Mežnar (1976-) |
31 October 2016 | Incumbent | 8 years, 0 days | 4 - Succeeding Judge (22) Mozetič | President Borut Pahor | |||
| 32 | Marko Šorli (1946-) |
20 November 2016 | Incumbent | 7 years, 346 days | 4 - Succeeding Judge (23) Klampfer | ||||
| 33 | Marijan Pavčnik (1946-) |
27 March 2017 | 31 December 2022 | 7 years, 218 days | 4 - Succeeding Judge (24) Deisinger | ||||
| 34 | Matej Accetto (1974-) |
27 March 2017 | Incumbent | 7 years, 218 days | 4 - Succeeding Judge (25) Pogačar | President of the Court (2021-) | |||
| 35 | Klemen Jaklič (1975-) |
27 March 2017 | Incumbent | 7 years, 218 days | 5 - Succeeding Judge (26) Zobec | ||||
| 36 | Rajko Knez (1969-) |
27 March 2017 | Incumbent | 7 years, 218 days | 4 - Succeeding Judge (27) Petrič | President of the Court (2018-2021) | |||
| 37 | Katja Šugman Stubbs (1966-) |
19 December 2018 | Incumbent | 5 years, 317 days | 5 - Succeeding Judge (28) Sovdat | ||||
| 38 | Rok Čeferin (1964-) |
27 September 2019 | Incumbent | 5 years, 34 days | 5 - Succeeding Judge (29) Korpič-Horvat | ||||
| 39 | Rok Svetlič (1973-) |
10 November 2021 | Incumbent | 2 years, 356 days | 4 - Succeeding Judge (30) Jadek Pensa | ||||
| 40 | Neža Kogovšek Šalamon (1978-) |
1 January 2023 | Incumbent | 1 year, 304 days | 5 - Succeeding Judge (33) Pavčnik | ||||
Timeline
edit
Presidents of the Court
edit| # | Judge | Term | |
|---|---|---|---|
| 1 | Peter Jambrek | 25 June 1991 | 24 April 1994 |
| 2 | Tone Jerovšek | 25 April 1994 | 24 April 1997 |
| 3 | Lovro Šturm | 25 April 1997 | 30 October 1998 |
| 4 | Franc Testen | 11 November 1998 | 10 November 2001 |
| 5 | Dragica Wedam Lukić | 11 November 2001 | 10 November 2004 |
| 6 | Janez Čebulj | 11 November 2004 | 10 November 2007 |
| 7 | Jože Tratnik | 11 November 2007 | 10 November 2010 |
| 8 | Ernest Petrič | 11 November 2010 | 10 November 2013 |
| 9 | Miroslav Mozetič | 11 November 2013 | 30 October 2016 |
| 10 | Jadranka Sovdat | 31 October 2016 | 18 December 2018 |
| 11 | Rajko Knez | 18 December 2018 | 18 December 2021 |
| 11 | Matej Accetto | 19 December 2021 | Incumbent |
Secretaries-General of the Court
edit| # | Judge | Term | |
|---|---|---|---|
| 1 | Milan Baškovič | 25 June 1991 | 28 February 1993 |
| 2 | Janez Čebulj | 1 May 1993 | 30 October 1998 |
| 3 | Jadranka Sovdat | 29 January 1999 | 18 December 2009 |
| 4 | Erik Kerševan | 1 February 2010 | 31 July 2012 |
| 5 | Sebastian Nerad | 3 October 2012 | Incumbent |
See also
editReferences
edit- ^ a b c d e f g h i j k Zakon o ustavnem sodišču
- ^ a b c d e f https://www.us-rs.si/media/constitution.pdf [bare URL PDF]
- ^ "Plečnikova palača – Ustavno sodišče Republike Slovenije". www.us-rs.si. Retrieved 17 December 2023.
- ^ "Vsi sodniki » us-rs.si". www.us-rs.si. Retrieved 19 December 2018.