International Law and Human Rights before Slovenian Courts
Pravnik, Ljubljana 2020, Vol. 75 (137), Nos. 11-12
The author refers to the increasingly frequent cases when
the application and interpretation of international law is required before
domestic courts, inclu- ding in the field of human rights implementation. In
doing so, she briefly discusses the various possible ways of applying
international law before do- mestic courts with the aim of providing
horizontally (between courts of the same degree) and vertically (between higher
and lower courts) harmonised interpretations, as both application and
interpretation of international law by domestic courts contribute to respect for international law in each country and to international legal development and
consistent enforcement at the global
level. A brief critical-analytical summary of legal regulation and practice in
Slovenia is presented, while the conclusions provide some concrete proposals on
how the use of international law and human rights law in the Slovenian judicial system
could be further
strengthened, also in light of ensuring the rule
of law at domestic and international
level, which is not only in the interest of individuals, which is especially
true in ensuring respect for fundamental human rights and freedoms, but also
in the strategic interest of the state.
Keywords: international law, human rights, treaties, customary
international law, general principles of law, domestic courts.