Unfoundedness of the proposal for the suspension of two articles of the Decree amending the Decree on Packaging and Packaging Waste Handling

The Government has adopted an opinion on the proposal to initiate the procedure for reviewing the constitutionality of Articles 1 and 2 of the Decree amending the Decree on Packaging and Packaging Waste Handling and on the proposal to suspend the implementation of the Decree amending the Decree on Packaging and Packaging Waste Handling.

In its request for initiation of the constitutional review procedure, the proposer states that it is submitting the proposal on the grounds that the provisions infringe the proposer's rights and legal interests and thus directly affect its legal position (principle of trust in law, right to a healthy life, right to free economic initiative, principle of legality and prohibition of retroactivity).

The Government considers that the proposer's proposal is unfounded and proposes that the Constitutional Court of the Republic of Slovenia reject the application for temporary suspension of the Decree amending the Decree on Packaging and Packaging Waste Handling and reject the proposal in its entirety with regard to all of the proposer's allegations concerning the unconstitutionality of Articles 1 and 2 of the Decree amending the Decree on Packaging and Packaging Waste Handling. The Government considers that the suspension of these Articles would jeopardise the achievement of the prescribed environmental objectives and, in particular, that the public interest in the protection of the environment and human health is at stake.

Source: Ministry of the Environment and Spatial Planning

Government adopts opinion on the request for a reconsideration of amendments to the Family Code

The Government has adopted an opinion on the request of the National Council of the Republic of Slovenia for the National Assembly of the Republic of Slovenia to reconsider the Act amending the Family Code (DZ). The Act amending the Family Code abolishes the unconstitutionality established by the decisions of the Constitutional Court of 16 June 2022. According to the Government, in accordance with the above-mentioned decisions of the Constitutional Court, the adopted Act ensures non-discriminatory treatment of partnership relations of opposite-sex and same-sex partners in the definition of marriage and, accordingly, also provides for equal treatment of unmarried partners living in a cohabiting relationship. This places partners in these unions on an equal footing regarding all the legal consequences of marriage and in other areas of law laid down by the Family Code – including the conditions laid down by the Family Code for the adoption of a child.

In its opinion, the Government proposes that the National Assembly adopt the Act in the reconsideration.

Source: Ministry of Labour, Family, Social Affairs and Equal Opportunities