Constitutional court case law

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Case number:
U-I-114/16, Up-535/16
ECLI:
ECLI:SI:USRS:2018:U.I.114.16
Challenged act:
Operative provisions:
Abstract:
Where the criminal offence in question was committed or property acquired before the entry into force of the Confiscation of Illicitly Acquired Property Act, the court at issue adopted the contested orders on the basis of a statutory provision that the Constitutional Court had already established was inconsistent with the second and first paragraphs of Article 155 of the Constitution. As the contested orders are based on an unconstitutional statutory provision, equal treatment of the complainant (the second paragraph of Article 14 of the Constitution), who in filing a constitutional complaint claimed the inconsistency of the contested provision with the Constitution due to the retrospective effect of the Confiscation of Illicitly Acquired Property Act, would require that the Constitutional Court abrogate the contested orders and remand the case to the court for new adjudication. As the contested orders ceased to be in force, the Constitutional Court merely established a violation of the complainant’s right determined by the above-stated provision of the Constitution.
 
If the Constitutional Court has already abrogated a regulation, the petitioner does not demonstrate a legal interest for a new review thereof.
 
Petitioners do not have a legal interest if they do not demonstrate that the possible granting of the petition would improve 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:
Rudolf Trček, Ljubljana
Date of application:
27. 6. 2016
Date of Decision:
22. 11. 2018
Type of decision adopted:
decision
Outcome of proceedings:
establishment of a human right violation
rejection
Published:
Document:
AN03935

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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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