The Slovenian Constitutional Court and EU Law: Some Aspects and Future Challenges

This article critically discusses the application of EU law before the Slovenian Constitutional Court. This Court is the highest guardian of the rule of law and human rights in the Constitution of Slovenia. It has arguably been the most open Slovenian state supervisory institution to influence foreign, comparative, and international laws and practices. As this article illustrates, after Slovenia acceded to the EU in May 2004, but in particular over the past years, the Slovenian Constitutional Court has increased references to EU law. On several occasions, EU law was also a critical factor in deciding and reasoning the cases. Even though the Slovenian Constitutional Court often not only refers in its decisions to EU law but also bases its decisions on it, there rest some uncertainties regarding the application of the Charter on Fundamental Rights of the EU and direct references to the Court of Justice of the EU through preliminary questions remain few and far between. The article mentions the potential constitutional reforms in Slovenia, namely introducing a selective jurisdiction of the Constitutional Court, which could be problematic without comprehensive changes in the Slovenian judicial system as it might not only far further limit the protection of human rights and fundamental freedoms, but it could also undermine the correct application of EU law in the Slovenian legal order. In conclusion, this article points out some aspects of the future adjudication of the Slovenian Constitutional Court when applying EU law that need to be further elaborated or reconsidered.