Review article
https://doi.org/10.54070/hljk.29.1.4
AN ANALYSIS OF THE SLOVENIAN SYSTEM OF MINOR OFFENCES AND DECISIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF SLOVENIA WHICH SIGNIFICANTLY INFLUENCED ITS DEVELOPMENT
Anže Erbežnik
; Europska pravna fakulteta Nove univerze, Nova Gorica, Slovenija
Abstract
The purpose of this paper is to show the close connection between the system on minor offences and constitutional laws and norms in the Slovenian system. In the last two decades, since the adoption of the current Minor Offences Act from 2003, the Slovenian Constitutional Court has several times significantly influenced the interpretation and development of Slovenian law on minor offences and initiated several legislative changes. As a result, the law on minor offences in the Slovenian system appears as a distinct category of constitutional law. After the presentation of the legal basis of Slovenian law on minor offences, several authoritative decisions of the Slovenian Constitutional Court in the area of minor offences are examined, for example in connection with the privilege against self-incrimination, limitations of personal freedom (prison sentences in the law on minor offences), the right to legal remedy, etc. The
paper provides for the first time a systematic overview of the constitutional practice of the Slovenian Constitutional Court on minor offences. In the final part, a special theory on the role of the Constitutional Court in Slovenia is briefly analysed - the pendulum theory, illustrated in the case of the law on minor offences.
Keywords
Hrčak ID:
288442
URI
Publication date:
24.11.2022.
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