Constitutional court case law

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Case number:
U-I-488/18, Up-1432/18
ECLI:
ECLI:SI:USRS:2018:U.I.488.18
Challenged act:
Operative provisions:
Abstract:
In accordance with Article 22 of the Constitution, in proceedings to decide on authorisation to surrender a person on the basis of a European arrest warrant, the requested person must be ensured the possibility to make a statement regarding all facts and evidence, as well as regarding legal questions that are important for decision-making. The right to make a statement must therefore be ensured also regarding the explanations of the issuing Member State on which the competent court bases its decision whether the surrender is authorised or not.
 
If a petition does not contain reasons substantiating the inconsistency of the contested articles of a law with the Constitution, the Constitutional Court rejects it.
 
The contested act at issue is not an individual act by which a right or obligation of the complainant was decided on; therefore, a constitutional complaint against such an act is inadmissible.
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:
Sascha Daniel Franke, Zvezna republika Nemčija
Date of application:
8. 11. 2018
Date of Decision:
29. 11. 2018
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
rejection
rejection
Published:
OdlUS XXIII, 16
Document:
AN03942

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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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