Constitutional court case law

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Case number:
U-I-74/14
ECLI:
ECLI:SI:USRS:2015:U.I.74.14
Challenged act:
Operative provisions:
Abstract:
By determining the sanction of the immediate rejection of an appeal if an attorney does not submit a correct and complete power of attorney, the Civil Procedure Act interferes with the right to a legal remedy of the persons in whose name the attorney submitted a claim. 
 
Accelerating civil proceedings, ensuring a trial without undue delay, and increasing the responsibility of attorneys to ensure a speedy and effective procedure as well as the diligent, high-quality, and professional representation of clients are constitutionally admissible objectives that justify a restriction of the complainant's right under Article 25 of the Constitution.  In terms of substance, they are connected to effectively ensuring the opposing party’s right to judicial protection.  
 
The prescribed sanction has a preventive effect on attorneys and thus ensures that more appeals are submitted with correct and complete powers of attorney. It is thus reasonable to predict that the progress of appellate proceedings will be faster since the court no longer needs to urge applicants to submit the power of attorney. It therefore cannot be stated that the challenged regulation is not appropriate for achieving the envisaged aims.  
 
In the reviewed parts, the fifth paragraph of Article 98 and the sixth paragraph of Article 324 of the Civil Procedure Act unconstitutionally interfere with the human right to a legal remedy because the restriction is not proportionate. Due to the relatively insignificant effect as regards the acceleration of proceedings, the challenged regulation is not proportionate to the severity of the consequences of the interference.    
Thesaurus:
Legal basis:
Cases joined:
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Ljubljana Higher Labour and Social Court
Date of application:
1. 4. 2014
Date of Decision:
17. 6. 2015
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Published:
Official Gazette RS, No. 48/2015
Document:
AN3795

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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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