In legal theory, it is generally accepted that the role of a Constitutional Court can be creative in interpreting constitutional provisions. As a step further we can declare cases when a Constitutional Court itself adopts a general norm, with the legally binding force of law. The Constitutional Court of the Republic of Slovenia implements this kind of norm by allowing itself determination of the manner of execution of a given decision.
This intervention, the type which otherwise belongs to the legislator, is directly and indirectly associated with fundamental constitutional questions, those of which are presented in the introductory chapters of the thesis.
Subsequent chapters of the thesis probe deeper in addressing the general rules by which the Constitutional Court decision can be executed. These rules, in more ways than one, often differ from the accepted rules of execution that govern regular court decisions.
The main segment of the thesis is dedicated to the legal nature and legal effects resulting from the manner of executions of Slovene Constitutional Court decisions. These are provided to the Slovene Constitutional Court by Article 40, Paragraph 2 of the Constitutional Court Act. In addition, the thesis individually deals with the legal effects stemming from the manner of the executions of Constitutional Court decisions in relation to the legislator as well as in judicial and administrative procedures.
The final part of the thesis offers a brief summary of the landmark cases in which the Slovene Constitutional Court exercised its authorisation per Article 40, Paragraph 2 of the Constitutional Court Act. Some of the summarised Constitutional Court decisions are offered as examples of positive practice of the manner of executions. Other decisions show that the Slovene Constitutional Court must be mindful when operating outside of its provided remit, and within the accepted realm of the legislator.
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