Objavljanje in veljavnost predpisov : ob predlogu ustavne spremembe 154. člena Ustave RS

slovenian

2025

volume 80, issue 11/12

application of the law   binding force of the law   constitution   knowledge of the law   law   official gazette   validity of the law

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

In 2025, the government initiated a constitutional revision procedure to amend the provisions of the 1991 Constitution of the Republic of Slovenia concerning the publication and validity of regulations (Article 154). The publication of regulations is one of the essential features of the rule of law, as it ensures legal certainty for citizens. Transparency and accessibility of all parts of the legal system are to be achieved through the obligation to publish regulations and by setting a vacatio legis period. The constitutional provision regulating the manner of publication is to be deconstitutionalized and transferred to the statutory level. Publication is to take place in digital form, following the “one act – one issue” method. In this context, the principle of ignorantia iuris nocet is being reconsidered, with efforts aimed at reducing its fictitious nature. The official publication of the authentic text of a general legal act remains the starting point for the commencement of the vacatio legis period. However, the question arises whether, given Slovenia’s specific legislative practice, this period should run from the publication to the entry into force of the law, or from the publication to the beginning of its application. This calls for a renewed reflection on the legal categories of validity, binding force, and application of the law.

20.07.2026