In order to submit a constitutional complaint, you have to take into account the following conditions:
The individual act against which you are going to complain must include a decision on your rights, obligations or legal entitlements.
The Constitutional Court cannot investigate a potential violation of your rights if you have not first tried to resolve the problem using all other legal remedies available under Slovenian law.
example If you believe that a judge has violated your right to present all evidence to your benefit, you should appeal to the higher court in the regular procedure. If that court refuses to remediate the infringement, you must further appeal that decision to all other available instances of appeal (if there are any left). Only then can you complain to the Constitutional Court.
You cannot complain about the violation of another person’s human rights, unless you have a right to represent that person.
example You can complain about the violation of another person’s human rights if you have been granted the power of attorney allowing you to do so or if you have a legal right to represent that person (e.g. you are a parent of a minor or their legal guardian).
You must appeal within 60 days from the day on which you were served with the individual act by which the decision was made in the last instance. By receiving such an act, you can also prove that you have exhausted all legal remedies prior to complaining to the court.
It is deemed that there has been no human rights violation with serious consequences for the complainant when individual acts are issued in small-claims disputes, in trespass to property disputes and in minor offence cases, or if only a decision on the costs of proceedings is being challenged.