Slovenia

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
March 16. 2023. U-I-178/22. Constitutional Court of Slovenia State of emergency; freedom of movement The Constitutional Court of Slovenia dismissed a petition challenging the constitutionality of several governmental measures taken to combat the Covid-19 pandemic since October 2020. A group of individuals submitted a petition to the Constitutional Court of Slovenia to challenge the constitutionality of several measures taken by the Government since October 2020. to combat the Covid-19 pandemic. The Constitutional Court held that the impugned measures were necessary and proportional, therefore, their constitutionality was upheld and the petition was rejected accordingly. The Constitutional Court also crystallized a system of criteria under which circumstances provisions no longer in force could be subject to constitutional review. https://www.us-rs.si/odlocitev/?q=U-I-178/22&caseId=&df=&dt=&af=&at=&pri=1&vd=&vo=&vv=&vs=&ui=&va=&page=1&sort=date&order=desc&id=119376     https://www.covid19litigation.org/news/2023/04/slovenia-constitutional-court-upholds-covid-19-containment-measures-constitutional
June 2. 2022. U-I-132/21. Constitutional Court of Slovenia Principle of legality The Constitutional Court of Slovenia heard a case concerning the constitutionality of mandatory mask wearing and hand disinfection, and in the reasoning, the principle of legality was mentioned. The Constitutional Court of Slovenia heard a case concerning the constitutionality of mandatory mask wearing and hand disinfection, and in the reasoning, the principle of legality was mentioned. https://www.us-rs.si/odlocitev/?q=U-I-132%2F21&type=search-2&order=desc&id=117886     https://www.pf.uni-lj.si/media/zzr.2022.13.kos.pdf
April 14. 2022. U-I-180-21 Constitutional Court of Slovenia Right to the protection of personal data The Constitutional Court of Slovenia annulled two governmental decrees ordering the check on Covid-19 certificates to enter into some public places. The Constitutional Court of Slovenia heard a claim submitted by the Information Commissioner of Slovenia concerning two governmental decrees ordering the check on Covid-19 certificates to enter into some public places. The Constitutional Court upheld the claim, because the references of the decrees to the GDPR were invalid, while the consent as the basis of access to personal data shall not be voluntary since the private life of the persons concerned would depend on it. As a consequence, both decrees were abrogated with a pro futuro effect after one year of the publication of this judgment, until then, the Government shall adopt new rules to replace the current ones. https://www.us-rs.si/odlocba-ustavnega-sodisca-st-u-i-180-21-z-dne-14-4-2022/   https://www.covid19litigation.org/news/2022/05/slovenia-government-decrees-imposing-health-passes-not-constitutional-court-holds  
November 29. 2021. U-I-210/21 Constitutional Court of Slovenia Mandatory vaccination; right to employment The Constitutional Court of Slovenia held that ordering by a governmental regulation vaccination or recovery from Covid-19 as prerequisites to maintain public servant status is in contrast with the statutory framework on vaccination, therefore unconstitutional. The Police Union of Slovenia challenged a governmental regulation which required from public servants vaccination or recovery from Covid-19 to maintain their employment within the state administration. The Constitutional Court confirmed that mandatory vaccination shall be rendered only through an act, and such requirements are provided by the Communicable Disease Act. The impugned decree determined vaccination mandate without proper legal basis, therefore, it is in conflict with the Communicable Disease Act. According to the Constitution, governmental regulations shall be in conformity with statutes, as a consequence, the violation of this requirement led to the unconstitutionality of the attacked regulatory provisions. http://www.us-rs.si/documents/e4/88/u-i-210-21-sklep-zz9.pdf https://www.us-rs.si/decision/?lang=en&q=u-i-210&type=search-2&order=desc&id=117066 https://www.covid19litigation.org/case-index/slovenia-constitutional-court-republic-slovenia-decision-no-u-i-21021-2021-11-29 https://www.euractiv.com/section/politics/short_news/slovenian-constitutional-court-thwarts-tightening-of-covid-pass-conditions/
October 7. 2021. U-I-155/20. Constitutional Court of Slovenia Right to employment; right to social security; right to economic initiative; right to life The Constitutional Court of Slovenia declared the unconstitutionality of a provision from communicable disease act authorizing the Government to limit the trade of goods and providing services during the public health emergency. The implementation of the decision was suspended for two months to prevent serious public health damages, the legislation was obliged to remedy the situation during this period. The Constitutional Court of Slovenia heard a collective claim on behalf of the service providers who challenged a provision of the communicable disease act authorizing the Government to limit trade of goods and providing services during the public health emergency. The complaint also argued the unconstitutionality of the governmental regulation based on this authorization. The Constitutional Court held, that the impugned statutory provision was not sufficiently clear, and it should be applied only for the trade of goods. As a consequence, providing services shall not be limited on the ground of the aforementioned authorization. The Constitutional Court annulled the impugned statutory provision as well as the governmental regulation adopted on the basis of this authorization. However, to avoid severe public health consequences, the Constitutional Court suspended the implementation of this ruling for two months and called the Parliament to remedy the situation during this period. https://www.us-rs.si/odlocitev/?q=covid&order=desc&id=116981 https://www.us-rs.si/decision/?lang=en&q=covid&order=desc&id=117472 https://www.covid19litigation.org/case-index/slovenia-constitutional-court-republic-slovenia-decision-u-i-15520-2021-10-07  
September 16. 2021. U-I-8/21. Constitutional Court of Slovenia Right to education; distance learning The Constitutional Court of Slovenia abrogated the statutory provision authorizing the minister for education to implement distance learning in kindergartens and elementary schools in case of public health emergency. The implementation of the judgment was suspended for two months, and the Parliament was called for remedying the situation until the end of this period. The Constitutional Court heard a claim submitted by children attending kindergarten and elementary school and represented by their legal representatives. The complaints challenged the statutory provision authorizing the minister for education to order distance learning in kindergartens and elementary schools during public health emergency. The claims argued that the statutory provision gives a blanket authorization for the minister to make an arbitrary decision, the duration of this special measure and the methods of its implementation have not been specified. The Constitutional Court agreed with the applicants and annulled the impugned provision, however, the application of the judgment was suspended for two months. The Parliament was called for remedying the situation until the end of this period. http://www.us-rs.si/documents/52/41/u-i-8-21-sklep-o-sprejemu4.pdf https://www.us-rs.si/decision/?lang=en&q=covid-19&type=search-2&order=desc&id=117085 https://www.covid19litigation.org/case-index/slovenia-constitutional-court-republic-slovenia-decision-no-u-i-821-2021-09-16  
June 17. 2021. u. i. 50/21. Constitutional Court of Slovenia Freedom of assembly The Constitutional Court of Slovenia held that the complete ban on public protests, or limiting the number of participants to 10 persons were unnecessary measures during the first months of 2021, therefore, the relevant regulatory provisions were abrogated. The Constitutional Court of Slovenia heard a case concerning the complete ban on public protests, or limiting the number of participants to 10 persons during the first months of 2021. The Constitutional Court considered that these measures were unnecessary as least restrictive means were also available to protect public health (distribution of masks, distance keeping, etc). For this reason, the impugned regulatory provisions were found to be unconstitutional and were abrogated. https://www.us-rs.si/wp-content/uploads/2021/07/U-I-50-21-Odlocba.pdf https://www.us-rs.si/decision-of-the-constitutional-court-no-u-i-50-21-dated-17-june-2021/?lang=en    
May 13. 2021. U-I-79/20. Constitutional Court of Slovenia Freedom of movement; right to assembly The Constitutional Court of Slovenia considered that the Communicable Diseases Act gave an overbroad authorisation for the Government to restrict freedom of movement and right to assembly, therefore, the relevant statutory provisions and the regulations based on this authorisation were abrogated. The implementation of the judgment was suspended for two months, Parliament was called for remedy the situation until the end of this period. The plaintiff filed an action against certain provisions of the communicable diseases act, which gave an overbroad authorisation for the Government to adopt restrictions on freedom of movement and right to assembly. The Constitutional Court agreed with the petitioner and annulled the impugned measures as well as the regulations based on this authorisation. The implementation of this judgment was suspended for two months, while Parliament was called for remedying the situation until the end of this period. https://www.us-rs.si/odlocitev/?q=covid&order=desc&id=116431 https://www.us-rs.si/decision/?lang=en&q=covid&order=desc&id=116471 https://www.covid19litigation.org/case-index/slovenia-constitutional-court-republic-slovenia-decision-u-i-7920-2021-05-13  
March 11. 2021. U-I-480/20 Constitutional Court of Slovenia Referendum; right to education The Constitutional Court of Slovenia held that the extension of deadline for higher educational institutions to comply with stricter accreditation requirements is not strongly related to the public health emergency, therefore, a referendum shall not be excluded from this matter on this ground. A citizen initiated a national referendum from the amendment of act on higher education extending the deadline for higher educational institutions to comply with stricter accreditation requirements. According to the Constitution of Slovenia, "a legislative referendum may not be called on laws on urgent measures to ensure the defence of the state, security, or the elimination of the consequences of natural disasters." The National Assembly substantiated the exclusion of the referendum from this matter with the fact, that this measure amounts to an urgent measure eliminating the consequences of a natural disaster. The Constitutional Court argued, that the longer period for complying with stricter accreditation requirements should not be seen as an urgent measure to eliminate the consequences of a natural disaster, since its link with the public health emergency is not sufficiently intense. As a consequence, the decision of the National Assembly to block the referendum was annulled as unconstitutional. https://www.us-rs.si/odlocitev/?q=U-I-480%2F20&type=search-2&order=desc&id=115606 https://www.us-rs.si/decision/?lang=en&q=U-I-480%2F20&type=search-2&order=desc&id=117144    
December 21. 2020. U-I-473/20. Constitutional Court of Slovenia Right to education; right to assembly; rights of disabled persons; non-discrimination The Constitutional Court of Slovenia considered, that ordering remote learning for children with special educational and social needs amounted a too severe interference into the fundamental rights of these students, therefore these in person services of schools should be reopened with due regard on the public health circumstances. The parents of two students with special educational and social needs challenged before the Constitutional Court the suspension of in person services for students with special needs. The violation of right to education, right to assembly, and right to non-discrimination was alleged. The Constitutional Court accepted the claim and obliged the Government to reopen these in person services, since the vulnerable situation of these groups of children and their individual needs justified the necessity of personal contacts even during the public health emergency. The Constitutional Court rejected the arguments of the Government stating the lack of sufficient staff and available public transport during this period. It was also mentioned in the reasoning, that kindergartens were also accepted students during the same period, when their parents could not fulfil their job duties without sending their children in the kindergarten. The impugned measure was not in force during the hearing of the claim, however the Constitutional Court granted standing for the complainants since the issue raised a constitutional concern with sistemic nature and paramount importance, so the decision had an important precedential effect. https://www.us-rs.si/odlocitev/?q=U-I-473/20&caseId=&df=&dt=&af=&at=&pri=1&vd=&vo=&vv=&vs=&ui=&va=&page=1&sort=&order=&id=115513   https://www.covid19litigation.org/case-index/slovenia-constitutional-court-republic-slovenia-u-i-47320-14-2020-12-21  
December 3. 2020. U-I-445/20 Constitutional Court of Slovenia Right to education; right to assembly; formal requirements of emergency regulations The Constitutional Court of Slovenia annulled some governmental decrees ordering and extending online education in Slovenian schools, since these decrees were not published in the Official Gazette as required. The Government passed the decrees again and dully published them in the Official Gazette. The Constitutional Court of Slovenia annulled some governmental
decrees ordering and extending online education in Slovenian schools,
since these decrees were not published in the Official Gazette as
required. The Government passed the decrees again and dully published
them in the Official Gazette extending school closure except from
students with special needs, or with mental or behavioral disorder.

 

https://www.us-rs.si/odlocba-ustavnega-sodisca-st-u-i-445-20-u-i-473-20-z-dne-16-9-2021/ https://www.us-rs.si/decision-of-the-constitutional-court-no-u-i-445-20-dated-3-december-2020/?lang=en   https://www.total-slovenia-news.com/politics/7443-govt-republishes-anti-coronavirus-restrictions-to-comply-with-constitutional-court-ruling
August 27. 2020. U-I-83/20. Constitutional Court of Slovenia Freedom of movement; right to assembly; right to life; right to phisical and mental integrity The Constitutional Court of Slovenia upheld the constitutionality of a governmental decree prohibiting temporarily the mobility outside from the municipality of one's residency. The Constitutional Court of Slovenia heard a claim against a governmental decree prohibiting temporarily the mobility outside from the municipality of one's residency. The Constitutional Court held, that the decree served a public interest to protect the public health; was adequately tailored to further this public interest; and was proportionate especially in the light of its temporary character. As a consequence, the constitutionality of the decree was upheld. At the time of delivering the decision, the impugned decree had been already repealed, however, the Constitutional Court decided to hear the claim with regard to its constitutional significance. http://www.us-rs.si/documents/2e/ab/u-i-83-20-sklep5.pdf https://www.us-rs.si/constitutional-court-decision-no-u-i-83-20-dated-27-august-2020/?lang=en https://www.covid19litigation.org/case-index/slovenia-constitutional-court-slovenia-no-u-i-8320-36-2020-08-27