The Constitutional Court is the highest body of judicial power for the protection of constitutionality, legality, human rights and fundamental freedoms. In Slovenia, it has wide-ranging powers. One of its principal powers concerns reviewing the constitutionality and legality of laws as well as implementing regulations and general acts, issued for the exercise of public powers.
The process of the constitutional review shall always be concluded either by one of the decisions of the Constitutional Court, or by using one of the so-called decision-making techniques, which differ with regard to their effects. The effectiveness of the Constitutional review of regulations depends primarily on legal effects of decisions of the Constitutional Court. Predictable and predetermined legal effects of such decisions are thus crucial for a functional legal system and legal certainty.
The present Master's Thesis focuses mainly on legal effects of Constitutional Court decisions and decision-making techniques in each type of legal act, both general and individual. The legal effects of constitutional decisions were compared to the regulation of legal effects in the Federal Republic of Germany that has a constitutional system similar to the one in Slovenia. The comparison was intended to show similarities and differences between the Slovene and German regulation of the decision-making techniques and related legal effects. The advantages and disadvantages identified helped demonstrate a number of solutions or examples of practices that would also be suitable and useful for the Slovene regulation.
The Master's Thesis raises awareness on the shortcomings of the regulatory framework of legal effects and on dilemmas that may arise in practice, as well as demonstrates solutions for the elimination of the above mentioned shortcomings and dilemmas.
|
