Constitutional court case law

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Case number:
Up-6/15
ECLI:
ECLI:SI:USRS:2016:Up.6.15
Challenged act:
Operative provisions:
Abstract:
A reasoned judicial decision forms an essential part of fair judicial proceedings. By such decision, courts must state in a concrete manner and with sufficient clarity the reasons on the basis of which they adopted their decision. Since, in the case at issue, the answer to the express allegations of the complainant stated in the action and in the appeal to the Supreme Court does not follow from the reasoning, that leaves the complainant in reasonable doubt as to whether the Supreme Court assessed with sufficient diligence all the circumstances of the case and considered and subsequently dismissed all his allegations, or simply overlooked some of them. The Supreme Court failed to respond to the complainant by adopting a clear, understandable, and legally structured position as regards his allegations stated in the action and in the appeal to the Supreme Court which were important for deciding the case.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
Alojz Zabret, Križe
Date of application:
5. 1. 2015
Date of Decision:
6. 10. 2016
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Published:
Document:
AN03786

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All decisions the Constitutional Court adopted since independence of Slovenia, with the exception of orders rejecting constitutional complaints or not accepting them for consideration on the merits that contain as reasoning only the reference to the statutory basis of the decision and the composition of the panel of the Constitutional Court (the fourth paragraph of Article 55c of the Constitutional Court Act), are published on this website.

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