Protiustavnost politične stranke v slovenski ustavni ureditvi

slovenian

2025

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

The article focuses on the Slovenian constitutional framework for imposing restrictive measures against political parties under Article 68 of the Constitutional Court Act. This provision grants exclusive jurisdiction to the Constitutional Court to assess the unconstitutionality of political party acts and conduct, and to order their removal from the register of political parties. The article provides a detailed analysis of the procedural elements and substantive criteria developed by the Constitutional Court, including the requirement of a specially qualified threat to the democratic order. It shows that while the Slovenian model draws on the German approach, it also significantly diverges in key areas, particularly in allowing a broad range of initiators and in lacking clear legal provisions on the consequences of banning a parliamentary party, which may prove problematic in practice. The comparative legal framework (Germany, ECtHR) serves as a background for contextualizing and critically evaluating the Slovenian system. The article addresses the research question: “What are the characteristics of the procedures under Article 68 of the Constitutional Court Act in the Republic of Slovenia?” In doing so, it seeks to fill a gap in legal scholarship, where this issue has often been overlooked despite its relevance to one of the core constitutional dilemmas of modern democracy.

20.05.2026