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The Constitutional Court of the Republic of Slovenia and European Union law
Sovdat, Jadranka
Primary EU law emerges from the treaties, and its substance is constitutional. Such is also the view of the Court of Justice on its legal nature. The relationship between EU law and national ...constitutional law is thus more complex than the relationship between international law and constitutional law. The Slovenian Constitution stipulates that legal acts and decisions adopted within the EU shall be applied in accordance with the legal regulation of the EU. Thus, it acknowledges constitutional value to the fundamental principles of EU law. The Slovenian Constitutional Court shall therefore interpret the Constitution taking the above-mentioned principles into consideration. In accordance with the principle of primacy of EU law, in a collision between a constitutional provision and a provision of EU law, the constitutional provision must, as a prevailing rule, yield to the provision of EU law, if the former is not in conformity with EU law. It should not unconditionally apply to constitutional norms that provide a higher level of the protection of human rights than determined in EU law. In accordance with the principle of the maximum protection of human rights enshrined in the Slovenian Constitution and the Charter of Fundamental Rights of the EU, the Luxembourg Court should interpret the Charter so as to provide a uniform and high level of human rights protection throughout the EU. The Slovenian Constitutional Court has not explicitly adopted an attitude towards EU law yet. Based on a decision issued before the Lisbon Treaty was implemented, it can be concluded that it acknowledged the principle of primacy of EU law inasmuch as the level of human rights protection provided by the Constitution was not lowered. However, in a recent decision, the Constitutional Court explicitly reasoned that it must not take a position on whether EU law unconditionally prevails over the provisions of the Constitution yet. Therefore, it can be expected that the Constitutional Court will adopt a view thereon in the future. Furthermore, it is expected that the Court will interpret constitutional provisions, as a prevailing rule, with due respect to the primacy of EU law and that it will start a creative dialogue with the Luxembourg Court, using a reference for preliminary ruling in order to achieve an interpretation of the Charter friendly to the constitutional provisions on human rights.
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