Constitutional court case law

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Case number:
Up-209/14
ECLI:
ECLI:SI:USRS:2015:Up.209.14
Challenged act:
Operative provisions:
Abstract:
The Supreme Court violated the complainant's right to make a statement determined by Article 22 of the Constitution due to the fact that when deciding on the appeal it failed to consider the supplemental brief to the appeal, which the complainant sent on time as registered mail from a postal service point.   
 
The Civil Procedure Act must be interpreted in such a manner that the day of sending an item of registered mail at a service station of a commercial company that constitutes a postal service point according to the Postal Services Act is deemed as the day of delivery at the court.
 
The disregard of the supplemental brief to the appeal is in itself incompatible with the principles of a fair trial and violates the right of the complainant to the equal protection of rights in proceedings, therefore it is not relevant whether such supplemental brief containing substantive arguments could lead to a different decision of the Supreme Court in the case at issue.   
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
Zemir Begić, Semič
Date of application:
11. 3. 2014
Date of Decision:
9. 7. 2015
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Published:
Document:
AN03826

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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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