Constitutional court case law

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Case number:
Up-582/17
ECLI:
ECLI:SI:USRS:2019:Up.582.17
Challenged act:
Operative provisions:
Abstract:
When adopting an omnibus decision, the content of an accessory act is essential for a decision on an administrative matter; therefore, a party in an administrative procedure must have the possibility to be notified of the entire content of the accessory act. Conduct other than such entails an interference with the right determined by Article 22 of the Constitution. From Article 22 of the Constitution (the right to a reasoned judicial decision) there follows the obligation of the court to dismiss in a reasoned manner the party’s motion to hold a main hearing if it deems that the conditions for a decision without a main hearing are fulfilled, as well as the obligation of the court to state the legal basis for such decision.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
RTG SLIVNIŠKO JEZERO, fisheries, tourism, catering, d. o. o., Gorica pri Slivnici
Date of application:
4. 7. 2017
Date of Decision:
21. 11. 2019
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
annulment or annulment ab initio
Published:
Document:
AN03975

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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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