Constitutional court of the Republic of Slovenia has implemented, in the procedure of abstract legislation control, various techniques of ruling. Techniques are differencing regarding the legal effect they induce towards the legislation and their legal addressees. The Constitutional court’s primary authorization is to give a nullification order, which is not the only technique the court has. It is also authorized to give a declaratory and interpretative judgement. A declaratory judgement is adopted when a particular provision is not consistent with the Constitution or the law, so that certain issues are not covered or in cases where a certain issue is regulated in a manner that does not allow its annulment or abrogation. In the framework of issuing a declaratory ruling, Constitutional court is also assessing provisions that are no longer applicable or issues a verdict that the challenged regulation is not inconsistent with the Constitution or law. With the interpretative decision Constitutional Court eliminates constitutionally impermissible interpretations of the disputed provision from the legal order. Nullification order represents the strongest interference in the legal system that is in the power of Constitutional court. At the same time, it represents a fundamental authorization which enables the protection of constitutionality and legality, as well as human rights and fundamental freedoms. It is regulated by the Constitution as well as in law. Constitutional court has a power to partially or wholly revoke unconstitutional statutory provisions. Unconstitutional or illegal regulations or general acts that are issued for the exercise of public authorizations may be annulled or terminated by the Constitutional court. Annulment takes effect immediately or within the deadline set by the Constitutional court. Order of annulment may be issued in the context of deciding on a constitutional complaint, where an annulled individual act is in a form of judgments, administrative orders and acts of other public authorities. Personal effect of the annulment ruling relates to the question of obligation of Constitutional court orders, and connectedness of public authorities. Effects can be erga omnes which are binding to all legal recipients or inter partes which oblige individual recipients only. Decision of annulment affects legal provisions, whose procedure is based on the annulled order, such as the legislator, who must adopt new regulation. The legislator is bounded by the decisions made by the Constitutional court, but within the limits set by the principle of separation of powers and relationship of mutual non-subordination. In the process of constitutional complaint, annulment will usually bind the institution, which issued an unconstitutional individual act. Time effects of the annulment decision examines the impact of annulment on the legal relations, which occurred based on this annulment. Generally, an annulment does not influence relations, which were already legally finished at the time of entry into effect of the above mentioned annulment. Such effects are called forward effects or ex nunc effect, which prevents automatic intervention into res judicata legal relations. The Criminal Procedure Act is the only statue which, as a reason for filing the extraordinary remedy, provides the Constitutional court’s decision, which was annulled regulation, based on which it has issued a final judgment. Interference into res judicata legal relations in Constutional court’s case law history was in some cases accepted by the Constitutional court, with its decision basing on explicitly of the need for protection of important constitutionally protected principles.
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