Judicial Application of International and EU Law in Slovenia

Abstract

By obtaining independence, Slovenia became a member of the international community and as a consequence of this domestic courts increasingly have to deal with issues concerning the application and interpretation of international law. Considering the increase in the amount of secondary international law and in the number of self-executing provisions, the impact of international law upon the work of domestic courts is significant. In this respect it is important that in 2004 Slovenia became a Member State of the European Union (EU), and its courts (as well as its administrative authorities) had to start applying ‘a new legal order of international law’ with many specifics in comparison to ‘traditional’ international law. The author of this chapter reflects the application of international law by Slovenian courts—to a large extent by the Constitutional Court. Emphasis is given to ‘traditional’ international law, although it also considers the application of EU law.