The author discusses the research issue, i.e., if the implementation of ECtHR judgments in Slovenia should not be limited only to concrete (inter partes) en- forcement of final ECtHR judgments in which the state was convicted and that takes place under the supervision of the Committee of Ministers. Shouldn’t we be discussing a broader binding legal approach intended to ensure respect for human rights of individuals in other similar cases in proceedings before the Slovenian authorities? The author concludes that the obligation to take into account the ECtHR’s interpretation of human rights from the entire body of case-law is legally binding for all state bodies in Slovenia. This obligation of res interpretata originates firstly from the ECHR and case-law of the ECtHR and secondly from the Constitution of the Republic of Slovenia and the constituti- onal case-law of the Constitutional Court.

Key words: res interpretata, implementation of judgments of the European Court of Human Rights, judicial branch of the government, Constitution of the Republic of Slovenia, exceptio illegalis, constitutional principle of the maximum protection of human rights, ECHR.

Despite the fact that the Constitution of the Republic of Slovenia has been es- tablishing the constitutional foundations for a mandatory second tier of local self-government in Slovenia since the 2006 constitutional amendments, we are still waiting for legislative implementation. The prolonged legislator’s failure to comply with the constitutional obligation to enact the law about the estab- lishment of regions violates Article 143 of the Constitution, the constitutional right to local self-government under Article 9, the rule of law principle under Article 2 and the separation of powers principle enshrined in Article 3(2) of the Constitution. However, as has been established in this article, the Consti- tutional Court will not be able to declare or sanction these violations due to the nature of the constitutional obligation to establish the second tier of local self-government and the separation of powers principle, both of which must be considered in constitutional adjudication. The discrepancy between the Constitution’s mandate for regions and the actual absence of regions, owing to an inability to achieve political consensus in the legislature on the constitu- tive law, is untenable in a rule-of-law state. Debates within the professional community often focus on potential changes to the Constitution; however, the issue surrounding regions is distinct. Despite the constitutional amendment’s overwhelming support from politicians and experts, it has not been translated into law, leaving all the inhabitants of Slovenia in a worse position than if the regions existed. The legislator should act as soon as possible to enact the law establishing the regions in accordance with the requirements of the Constitu- tion and the fundamental principles of local self-government as derived from the European Charter of Local Self-Government.

Key words: second level of local self-government, regions, Article 143 of the Constitution, right to local selfgovernment, rule of law, constitutional obligation, Constitutional Court, legislator.