The International and Supranational Rule of Law in the Slovenian Legal System

Flander, Benjamin (2024) The International and Supranational Rule of Law in the Slovenian Legal System. LAW IDENTITY AND VALUES, 4 (1). pp. 53-80. ISSN 2786-2542

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Abstract

This paper examines the status of the international and supranational rule of law within the legal system of the Republic of Slovenia. It begins by providing an overview of the evolution of the rule of law concept in constitutional, international, and European Union (EU) law. In the main sections, this article analyses the constitutional provisions governing, first, the status of international law; second, the provisions concerning the status and implementation of EU law; and third, other provisions determining the relationship between the international and supranational and the domestic law in Slovenia. This study scrutinises how issues concerning disparities between Slovenian domestic law and international and supranational law are addressed both in theory and practice. Furthermore, this article investigates the ‘lessons’ on the international and supranational rule of law conveyed to Slovenia by European courts, such as the European Court of Human Rights and the Court of Justice of the EU. Focusing also on the Constitutional Court’s role, the present study aims to determine whether there are instances where this court acts as a guardian of the Slovenian constitutional identity, considering that its interpretation of the rule of law may not always align with the international and supranational understanding of the concept.

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