Constitutional court case law

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Case number:
Challenged act:
Operative provisions:
A fine is prescribed for committing the minor offence described in the accusatory instrument at issue, and, in addition, a secondary sanction of 18 penalty points is prescribed for drivers of motor vehicles. The alleged minor offence was allegedly committed while driving a moped, whose maximum design speed does not exceed 25 km/h. A driving licence is not required to drive such motor vehicles, which means that in the case at issue the offender cannot be assigned penalty points. On the basis of the above, the Constitutional Court held that it is clearly evident that the circumstances on which the minor offence body based its position that a court is competent to decide on the minor offence at issue do not exist.
Legal basis:
Cases joined:
Full text:
Type of procedure:
jurisdictional disputes
Type of act:
other acts
Ljubljana Traffic Police Station
Date of application:
12. 7. 2018
Date of Decision:
18. 9. 2019
Type of decision adopted:
Outcome of proceedings:
determination of a competent authority

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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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