Ali mora biti sklep Vrhovnega sodišča o nedopustitvi revizije obrazložen

slovenian

2015

volume 41, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

Following the latest civil procedure reform in Slovenia the role of its Supreme Court is becoming that of creating precedents. The omission of substantive reasons in the Supreme Court's decisions denying leave to appeal is an inherent part of this reform. To require otherwise would frustrate the goal of reducing Supreme Court's backlogs, the goal that the Supreme Court judges should fully devote their capacities to deciding and diligently reasoning cases of general importance pro futuro, and - more importantly - the goal that the amount of "output" of the highest courts should be kept relatively low in order to enable such court as well as lower courts, attorneys, and academics "to keep proper track of it". Thus, a system that allows for the omission of reasoning in the Supreme Court decisions rejecting leave applications is not only constitutionally acceptable, but also preferred or outright necessary.

19.01.2017