Constitutional assessment on the delimitation of the totalitarian system and a free democratic society based on human dignity

Lovro Šturm

Abstract

The immanent task of constitutional review is to define the historical reporting of the violation of human rights and fundamental freedoms which took place in the past totalitarian system. The Constitutional Court adjudicated 18 such cases. The latest and most important case is the ban on the renaming of a road in Ljubljana after Josip Broz Tito. In this context, the Constitutional Court relied on respect for human dignity as the starting point of a free democratic society. This was also the criterion the Constitutional Court used to assess the compliance not only of secondary but also of primary EU law with the Constitution.

Ključne besede

ban on totalitarian symbols, Constitutional Court review, democracy, European consciousness, free society, human dignity, primary law of the EU, Tito street