Type: Judgment

Authority: National Courts: Supreme Courts (Slovenia) - Ljubljana Higher Court

Date: 11/19/2008

Subject: The Ustavno Sodišče analyses the compatibility of article 33, paragraph 4, of the Execution of Judgment in Civil Matters and Securing of Claims Act, in the part where it provides the possibility to impose on the insolvent debtor a custodial sentence, with the right to freedom provided by the Constitution of the State. The Court, also applying the norms of the Fourth Protocol to the ECHR, has established that the norms of the law are neither illegitimate nor disproportionate, since aiming at protecting other interests of constitutional level (in this specific case the creditor’s right to an effective remedy) and because referring to the situation in which the debtor’s breach of bonds is due to a voluntary and intentional conduct and not to the impossibility to provide.

Parties: Ljubljana Higher Court

Original language: Slovenian

Classification: Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Right to an effective remedy before a tribunal

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