The court has a special status among the applicants for the constitutionality and/or legitimacy review of laws. Its obligation and entitlement to apply for the constitutionality review of laws is established in the Constitution of the Republic of Slovenia.
In the introductory chapters of the master's thesis the significance of the constitutionality and legitimacy review of laws is presented. The applicants are discussed apropos the division of the reviews into abstract and concrete. The court’s applicant status is classified accordingly.
Afterwards we discuss the court as the applicant for the constitutionality review of laws. The foundations of trying in the Republic of Slovenia are presented, as well as the reasons why the court is entitled only to the constitutionality review of laws. Further on, the demand for the court to interpret laws in accordance with the constitution is discussed, and the procedure for a court to file the constitutionality review of a law is explained.
The main part of the thesis focuses on the procedural requirements which need to be met by the court when filing for the constitutionality review of a law. The court must submit a complete application, and the Constitutional Court must have the jurisdiction to assess the act. The court must demonstrate a concrete example of having suspended the proceedings due to the need to apply a law or a part of it which is in its opinion unconstitutional and cannot be explained in compliance with the constitution. From the decisions of the Constitutional Court described in the thesis, it is apparent how the Constitutional Court has explained the procedural requirements.
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