Slovenia / Constitutional Court / Up-690/10 Danas Vizgirda v Supreme Court

Key facts of the case:

The petitioner, a Lithuanian national, was issued a side punishment of deportation of a foreigner from the country. The petitioner asked for extraordinary mitigation of this punishment and used all available legal remedies, including a complaint to the Supreme Court of the Republic of Slovenia, stating that this punishment is excessive and that it does not take into account his right to family life. At the time of adjudicating of the case before the first instance court the petitioner was a father to the child who lives in Lithuania which was taken into account by the first instance court at determining the sentence. In the meantime another child was born to the petitioner, and this child and his mother lived in Slovenia. The Supreme Court did not take into consider this as a new fact of a personal nature that would have to be taken into account in deciding about the complaint. The petitioner claimed that the failure of the Supreme Court to consider his right to family life in relation to the child living in Slovenia was contrary to Articles 14 (non-discrimination), 22 (equal protection of rights), 53 (protection of family, motherhood, fatherhood, children and youth), 54 (the right and duty of parents to protect and bring up their children) and 56 (protection of children).

Paragraphs referring to EU Charter: 

 

9. ...  The Charter of Fundamental Rights (OJ C 83, 30. 3. 2010, p. 389 – 403 – hereinafter: the Charter) in Article 7 defines the right to respect of private and family life. … Any kind of limitation of enjoyment of this right has to be prescribed by law and has to respect the essential content of this right, taking into account the principle of proportionality (cf. the first paragraph of Article 52 of the Charter.

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Footnote 10: Article 7 states: ‘Everyone has the right to respect for his or her private and family life, home and communications’.

Footnote 11: Article 52 of the Charter defines the scope of rights and principles and the manner of their interpretation. Taking into account the principle of proportionality limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others (Article 52, paragraph 1, of the Charter). In accordance with paragraph 3 of Article 52 the meaning and scope of rights, defined both in the Charter and the ECHR, are the same, but this does not prevent a wider scope of protection by the Union. Article 53 further states that nothing in the Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union, the Community or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions.

Deciding body (original language): 
Ustavno sodišče Republike Slovenije
Language: 
Slovenian