Peter Svetina, the human rights ombudsman, delivered his annual report for 2021 to Prof Matej Accetto, the president of the Constitutional Court, today, 4 July 2022, and in their conversation expressed his concerns over progress in the implementation of the decisions of the court, where the number of unenforced cases has increased continually in recent years.

“In declarative decisions the Constitutional Court sets a deadline for rectifying any findings of unconstitutionality or unlawfulness, and we might expect the competent authorities to enforce the court’s decisions, which are final and binding, by the set deadline. Upholding the decisions of the Constitutional Court is an important metric of the state of the rule of law,” said Mr Svetina.

In the institution’s annual report for 2021 Mr Svetina also reiterated the recommendation to the government that, modelled on the mechanism for the enforcement of judgments of the European Court of Human Rights, it should put in place a special mechanism to provide expert support in the implementation of the Constitutional Court’s declarative decisions, and to inform the public transparently about the status of decisions and also about the activities by competent authorities for their implementation.

The ombudsman specifically noted that the recommendation to all competent authorities (the finance ministry, the government and the National Assembly) to draft and adopt legal solutions in timely fashion to properly implement Constitutional Court decision number U-I474/18-17 of 10 December 2020 regarding the financial autonomy of four independent government institutions in connection with the finding of unconstitutionality in respect of certain provisions of the Public Finances Act remains unrealised.