Regulations, particularly laws, are essential for exercising people's rights and legal
interests or obligations, especially in the administrative sphere in relations between the
authorities and individuals. Changes to laws are a constant in this context, as changing
social circumstances require constant improvement. The master's thesis aims to find
out how the Constitutional Court of the Republic of Slovenia and the Court of Justice
of the European Union influence the improvement of laws in the field of administration
with regard to preliminary questions.
The Master's thesis analyses the constitutional case-law for the period 2014-2023
regarding constitutional appeals concerning U-I cases and for the period 2020-2023
regarding requests for constitutional review. We also examine the statistical trend of
changes in these laws between 2013 and 2024. To determine the reasons for the
changes, we analyse the selected laws in detail. We verify the results through
interviews with representatives of all branches of government in the Republic of
Slovenia.
The results of the study show that the Constitutional Court has a limited but important
influence on the improvement of laws in the field of administration, which confirms the
well-established system of checks and balances between the authorities and the
relatively stable Slovenian legal order. The most frequently amended administration
laws under the influence of the Constitutional Court are the laws on foreigners,
taxation, and social protection, with the Pension and Disability Insurance Act and the
Tax Procedure Act standing out.
The Master's thesis represents an original contribution to administrative law science
with elements of constitutional and European law, and could also be an important
starting point for further improvements of laws for experts in various administrative
fields, as well as line ministries, public policymakers, and the legislator.
|
