Constitutional court case law

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Case number:
Challenged act:
Operative provisions:
With regard to the possibility to register a civil partnership outside the official premises of the administrative unit, the Civil Partnership Registration Act does not grant administrative authorities the authorisation to carry out discretionary decision-making such as administrative authorities are granted by the Marriage and Family Relations Act when deciding on whether a marriage may be entered into outside such premises. Due to the absence of any reasonable and objective grounds for such differentiation, the principle of equality determined by the second paragraph of Article 14 of the Constitution is violated. An administrative authority may adopt a decision at its discretion only if the legislature grants it an explicit or indirect authorisation to adopt such decisions.
Legal basis:
Cases joined:
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
Administrative Court, Republic of Slovenia
Date of application:
4. 11. 2013
Date of Decision:
18. 2. 2016
Type of decision adopted:
Outcome of proceedings:
establishment – it is inconsistent with the Constitution/statute
Official Gazette RS, No. 18/2016 and OdlUS XXI, 21

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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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