Constitutional court case law

Search case law (3652 items)

Case number:
Up-124/14, U-I-45/14
ECLI:
ECLI:SI:USRS:2015:Up.124.14
Challenged act:
Operative provisions:
Abstract:
In the circumstances of the case at issue, the standpoint of the courts that the complainant’s claims for damages were time-barred entails a disproportionate limitation of the complainant’s right to compensation guaranteed by Article 26 of the Constitution. The overly strict interpretation of the courts regarding the onset of the subjective limitation period and disregard for the concept of the suspension of the limitation period demonstrate that the courts did not adapt their review to the special circumstances affecting the so-called erased persons.
 
Petitioners do not have a legal interest if they do not demonstrate that the challenged provision directly interferes with their legal position.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
constitutional complaint
Type of act:
statute
individual act
Applicant:
Rado Limunović, Maribor
Date of application:
17. 2. 2014
Date of Decision:
28. 5. 2015
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
rejection
Published:
Document:
AN03814

Search tips

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.

Brief instructions

Enter one or more search terms in the blank field. If your search returns too many results, try to refine it by using more precise search terms. You can also use quotation marks if you search for a precise phrase containing several words. To start your search, click on the search button.

An advanced search option is also available where you can select additional criteria, such as the date of decision, type of decision adopted, etc.
aasfdsfsddbrowseraasfdsfsddbrowser