Constitutional court case law

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Case number:
U-I-26/17, U-I-87/16, U-I-105/16
ECLI:
ECLI:SI:USRS:2019:U.I.26.17
Challenged act:
Operative provisions:
Abstract:
The principle of the clarity and precision of regulations is one of the principles of a state governed by the rule of law referred to in Article 2 of the Constitution. If laws and other regulations are unclear, there exists a possibility of different application of the laws and other regulations and of arbitrary conduct by state authorities or other bodies vested with public authority that decide on the rights of individuals. A clear law with a precise meaning ensures that the addressees of legal rules are not exposed to a level of unpredictability and uncertainty as to the legal consequences of their actions or the omission thereof that is constitutionally untenable and unacceptable. It is not constitutionally admissible to eliminate the incomprehensibility and lack of clarity of laws by clear and comprehensive implementing regulations. A statutory provision that, following the application of all relevant methods of interpretation, is found to be impossible to implement in concrete cases can also be deemed unconstitutional and indefinite. The Constitutional Court abrogated the first paragraph of Article 86 and the first to fifth paragraphs of Article 86a of the Mass Media Act in the part that applies to private radio stations due to their inconsistency with the principle of the clarity and precision of regulations determined by Article 2 of the Constitution.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
statute
Applicant:
National Council
Date of application:
10. 2. 2017
Date of Decision:
24. 10. 2019
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
annulment or annulment ab initio
rejection
Published:
Official Gazette RS, No. 67/2019
Document:
AN03977

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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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