During the mandate of the current government, 15 decisions of the Constitutional Court were implemented

The government assures that they will continue to make creative efforts to realize them.

In a parliamentary question, SDS MP Jože Tank was interested in how many constitutional decisions Robert Golob’s government has implemented so far and which decisions it still plans to implement. He pointed out that the coalition has committed itself in the coalition agreement that the decisions of the Constitutional Court must be implemented in the shortest possible time, regardless of whether the coalition agrees with them or not.

As the government wrote in response to the MP’s question, on June 1 of last year, when the current government took office, 24 decisions of the Constitutional Court were unexecuted, the implementation of which is also the responsibility of the government. On October 13 this year, 25 decisions were not implemented. This involved both decisions for which the deadline for enforcement had already expired and decisions where this had not yet happened.

From the beginning of the mandate until the middle of October, the government ensured the implementation of 15 decisions of the Constitutional Court, in the meantime the Constitutional Court issued 16 new decisions, the implementation of which is also the responsibility of the government.

The Constitutional Court does not have information on how many constitutional decisions are currently unimplemented. Like they are stated for STA, this information is published in each annual report, with the last report referring to the year 2022. It shows that at the end of last year, 28 decisions of the Constitutional Court had not been implemented, of which 26 related to legal provisions and therefore, the government is also responsible for them, and two related to the regulations of the local community, for the implementation of which they are competent municipality.

Among the decisions that should have already been implemented, but were not, the oldest is from 2012. With it, the Constitutional Court concluded that they are the provisions of the law on the wage system in the public sector, which refer to the conclusion of a collective agreement, are inconsistent with the constitution, and the legislator should implement it within two years.

Among the more important decisions, where the deadline for implementation has already expired, they are among other things, the decision by which they are in 2018, the constitutional judges concluded that the law is about the referendum and about the people initiatives inconsistent with the constitution, because it does not regulate the referendum dispute before the Supreme Court clearly enough, the decision by which they are In 2019, the constitutional judges concluded that the legal regulation of the admission of persons to the protected department of the social welfare institution without consent is unconstitutional, and the decision by which in 2020, following complications in the mayoral elections in Šmarješke Toplice, it was established that they are three articles of the Act on Local Elections inconsistent with the Constitution because they do not adequately regulate electoral disputes.

The government is currently preparing the legal basis for the implementation of several constitutional decisions. With the proposed amendment to the law on misdemeanors, which was sent for interdepartmental coordination at the end of August, he intends to implement three decisions of the Constitutional Court that refer to the aforementioned law.

At the end of September, a proposal for an amendment to the Law on the Judicial Council was sent for interdepartmental coordination, with which it intends to implement the constitutional decision from October 2021. With it, the Constitutional Court concluded that members of the disciplinary court may not participate in disciplinary proceedings initiated on the proposal of the Judicial Council, which they are also members of the Judicial Council.

An amendment to the law on phytopharmaceuticals, which the government intends to implement, is also being prepared to execute the decision of the Constitutional Court that phytopharmaceuticals are not they laugh to be used in a five-meter zone around the water catchment.

The government plans to implement last year’s decision regarding the abolition of the profession of surveyor with a card to be implemented by the end of March 2024 at the latest with the adoption of an amendment to the Act on Architectural and Engineering Activity. The solution for the implementation of the decision adopted in 2020, which refers to the part of the law on regulating the labor market, is included in the proposal for an amendment to the said law, which was forwarded for interdepartmental coordination at the end of October, the government states.

In its reply to the deputy, the government emphasizes that they are the decisions of the Constitutional Court are binding and final, “which means that they must be respected and implemented in an appropriate manner”. Therefore, the government will continue to “actively strive for the implementation of all remaining decisions as soon as possible”. they are wrote down.