Constitutional court case law

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Operative provisions:
In accordance with the established constitutional case law, the principle of equality before the law determined by the second paragraph of Article 14 of the Constitution requires that essentially equal situations be treated equally. In the event equal situations are regulated differently, reasonable grounds that follow from the nature of the matter must exist for the differentiation. This principle is binding not only on the legislature, but also on the executive and judicial branches of power.
In view of the position of the Supreme Court referring to the interpretation of this statutory right, i.e. the principle of beneficium cohaesionis, the position of a defendant who does not file a request for the protection of legality and the position of a defendant who files such legal remedy but does not succeed therewith must be compared in the case at issue. Their positions are essentially equal, as neither invoked grounds due to which the Supreme Court would grant the request for the protection of legality. Hence, in accordance with the constitutional case law, reasonable grounds following from the nature of the matter would have to exist in order for their essentially equal positions to be treated differently. The mere fact that they filed (or not) a request for the protection of legality cannot entail such grounds for differentiation. The opposing position of the Supreme Court is thus inconsistent with the second paragraph of Article 14 of the Constitution.
Legal basis:
Cases joined:
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Mitja Bohak, Maribor
Date of application:
27. 10. 2014
Date of Decision:
19. 1. 2017
Type of decision adopted:
Outcome of proceedings:
annulment or annulment ab initio

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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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