THE CHARACTER AND LEGAL EFFECT OF THE DECISIONS OF THE CONSTITUTIONAL COURTS (Comparative overview of the European models of control of constitutionality)

Abstract

The establishment of the system of control of the constitutionality of acts by the constitutional
court consequently imposes one very important issue - the issue of the legal effect of its
decisions. The efficiency of the system of control of constitutionality depends directly on the
effect of the decisions that the constitutional courts make. The fact that this issue is materia
constitutionis in comparative constitutional law and issue that is regulated by the laws (acts) for
the constitutional courts, is the most significant evidence of its importance.
The paper will present a comparative overview of normative frame regarding the character and
legal effect of the decisions of the European constitutional courts. The paper will analyze the
decisions of the constitutional courts of Germany, the Republic of Italy, as well as the character
and legal effect of the decisions of the Constitutional Court of Republic of Slovenia. Тhe paper
will analyzе the interpretive decisions of the constitutional courts, whose adoption deviates from
the classical understanding of the role of the constitutional court as a negative legislator.
Therefore they are assessed as a possible mechanism for the court to operate outside the
established functions and competencies.