Constitutional court case law

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Case number:
Up-500/15
ECLI:
ECLI:SI:USRS:2015:Up.500.15
Challenged act:
Operative provisions:
Abstract:
The right to make a statement determined by Article 22 of the Constitution is in itself an elementary constitutional safeguard in any judicial proceedings. It gains even more constitutional weight when respect for another human right, such as the right to the prohibition of torture, which is an absolute human right, may depend thereon.
 
The right to make a statement ensures that an individual is the subject and not the object of proceedings. In proceedings on the basis of the Cooperation in Criminal Matters with the Member States of the European Union Act, in which a court decides regarding a European arrest warrant on the surrender of the requested person, the latter must therefore be ensured the possibility to make a statement regarding facts and evidence as well as regarding legal issues that are important for the decision. The right to make a statement must therefore be ensured also with regard to the reasoned proposal of the judge on the fulfilment of the conditions for the surrender of the requested person as such proposal contains decisive reasons of a legal and factual nature that are essential for the decision. 
 
It is the duty of a court to interpret a law in accordance with the Constitution, which entails that in its interpretation it shall observe the constitutional procedural safeguards. Such duty applies also in cases where a law does not explicitly regulate a constitutional procedural safeguard such as the right to make a statement determined by Article 22 of the Constitution. The position of the Higher Court that the Cooperation in Criminal Matters with the Member States of the European Union Act does not stipulate that the complainant and his or her representative must be informed of the reasoned proposal of the investigating judge therefore violates the right of the complainant to make a statement determined by Article 22 of the Constitution.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
Arijus Skopas, Republika Litva
Date of application:
15. 7. 2015
Date of Decision:
20. 7. 2015
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Published:
Official Gazette RS, No. 55/2015
Document:
AN03827

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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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