Constitutional court case law

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Case number:
Up-564/16
ECLI:
ECLI:SI:USRS:2019:Up.564.16
Challenged act:
Operative provisions:
Abstract:
By providing the complainants with the possibility of a three-day time limit to make a statement regarding the motion of the prosecution that the measure temporarily securing the claim be extended but subsequently extending such measure without waiting for the expiration of the provided time limit before which the complainants could submit statements, the court rendered it impossible for them to actively participate in deciding on the extension of the measure temporarily securing the claim. By so doing, the court deprived the complainants of the opportunity to make statements in the proceedings regarding facts and circumstances that are important for the court’s decision, which entails a violation of the right to be heard determined by Article 22 of the Constitution. The position of the Higher Court that in the challenged order the Koper Local Court itself already replied to the allegations that the complainants in fact only submitted in their subsequent replies, which the Higher Court did not yet have in its files at the time of deciding, entails a hollowing out of the right to be heard and thus an additional violation of Article 22 of the Constitution.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
Matjaž Bizjak, Golnik and others
Date of application:
7. 7. 2016
Date of Decision:
9. 5. 2019
Type of decision adopted:
decision
Outcome of proceedings:
establishment of a human right violation
Published:
Document:
AN03958

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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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