Miris document ID: 1044438274405
DECISION U-I-296/94
Author: Constitutional Court of the Republic of Slovenia
Language: English
Source: Constitutional Court of the Republic of Slovenia
Country: Slovenia
Category: judgment/decision
Government level: National - State Level
Guiding principle: Statutory provisions which regulate the use of the symbols of the autochthonous Italian and Hungarian national communities do not interfere with the rights, legal interests or legal position of the petitioner as the parliamentary group of a political party. Since the standing of the petitioner was not established, the Constitutional Court rejected the petition.According to Art. 64 of the Constitution, which states that the autochthonous Italian and Hungarian national communities and their members are guaranteed the right to freely use their national symbols, it follows that they may use the symbols of the Italian and Hungarian nations as their own symbols, irrespective of these symbols being identical with an Italian or Hungarian State symbol. However, according to the Act on the Coat-of-Arms, Flag and National Anthem of the Republic of Slovenia and on the Flag of the Slovenian Nation, on official occasions the symbols which the autochthonous national communities and their members use as their own national symbols may be used only together with the symbols of the Republic of Slovenia, and in a manner such that the symbols of the Republic of Slovenia have priority. The provisions of the said statute providing that on certain occasions together with the symbols of the Republic of Slovenia the flag of the Italian or Hungariannational communities is also displayed, and that together with the (Slovenian) national anthem, the anthem of these communities may also be played, are therefore not unconstitutional.
Date of judgement: 1999-1-28
Document number: U-I-296/94
Official version: yes
Published on: Official Gazette of the Republic of Slovenia
Edition number: 14/1999
Legally binding: yes
Minority groups: all
Related laws: Act on the Coat-of-Arms, Flag and National Anthem of the Republic of Slovenia and on the Flag of the Slovenian Nation (Official Gazette 67/94)

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