Review article
Constitutional Aspects of Leave to Appeal in the Republic of Slovenia
Jan Zobec
orcid.org/0000-0002-3751-4094
; Supreme Court of the Republic of Slovenia, Ljubljana, Slovenia
Abstract
It is not possible for the Supreme Court to serve simultaneously, and to the same extent, both the private and the public purpose of adjudication. As practice has shown, restrictions of access to the Supreme Court are inevitable, since hyperproduction of its case law (when even the Court which starts showing signs of memory loss), leads to a normative chaos. For this reason the Slovenian legislature decided to adopt the „leave to appeal system”, which in facts transforms the role of the Supreme Court to that of creating precedents. What is necessary to ensure that role is the possibility that the Supreme Court is not obliged to provide a reasoning in orders denying the leave to appeal. The Constitutional Court rejected the petition challenging the legal provision providing for the omission of reasoning in decisions denying leave to appeal, and hence preserved the „leave to appeal system”, clearly stating: Less is more. For a full-fledged precedential role of the Supreme Court to develop, however, further steps might be necessary – steps of a normative, organizational and meta-normative nature.
Keywords
access to the supreme court; leave to appeal system; omission of reasoning of denial to grant leave to appeal; role of supreme jurisdiction; socialist legal survivals
Hrčak ID:
216250
URI
Publication date:
31.12.2018.
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