Uporaba splošno veljavnih načel mednarodnega prava v pravnem redu Republike Slovenije z vidika pravne varnosti

slovenian

2013

volume 68, issue 5/6

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The Constitution of the Republic of Slovenia defines Slovenia as a state governed by the rule of law embracing all consequences arising from such principle. The most important social decisions in the country are adopted by the National Assembly of the Republic of Slovenia in the form of regulations to be published prior to coming into force. However, the rights of natural persons are not determined only by law, but also by international legal norms that Slovenian law denotes as "generally accepted principles of international law". Such "principles" are applied in the legal order of the Republic of Slovenia automatically once they are formed, although the content of such norms is not perfectly clear. Thereby, assessment of whether a concrete case is already subject to an international norm is in fact quite open to subjective interpretation of law, which can be considered an issue in terms of legal certainty. Regulations have to be published before they step into force. That represents one of the principles of a state governed by the rule of law, another one being the principle of legal certainty. However, the Constitution of the Republic of Slovenia fails to envisage publication of the automatically adopted customary international law norms prior to their coming into force.

20.01.2017