Constitutional court case law

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Case number:
Up-293/16
ECLI:
ECLI:SI:USRS:2019:Up.293.16
Challenged act:
Operative provisions:
Abstract:
The court’s assessment (which forms one of the two underlying reasons for dismissing the appeal against the challenged act) that the complainant failed to meet the time limit for filing the indictment is based on a presumption that is contrary to the data contained in the file, as the indictment rejected by the challenged order was not based on the criminal complaint that was rejected by the order of 3 August 2009. The court thereby violated the prohibition of judicial arbitrariness (Article 22 of the Constitution). If a complainant demonstrates that only one, not both, of the two reasons on which the challenged court decision is based is unconstitutional, the Constitutional Court dismisses such complaint. 
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
Josip Belušić, Koper
Date of application:
1. 4. 2016
Date of Decision:
12. 9. 2019
Type of decision adopted:
decision
Outcome of proceedings:
dismissal
Published:
Document:
AN03978

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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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