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About Case Law

Case Law

Constitutional Court of Republic of Slovenia
05/02/2009
Legal provision National law (including criminal law)
Area Employment & training
Grounds of discrimination Discrimination on ground of disability
Topic Positive action
Key facts of the case:

The petitioner alleged the unconstitutionality of Article 62 of the Vocational Rehabilitation and Employment of Persons with Disabilities Act. This requires the employers who employ at least 20 workers to ensure that a certain proportion of employees are persons with disabilities.
The petitioner argued that such a quota requirement violates the employers' right to free economic initiatives enshrined in the first paragraph of Article 74 of the Constitution.

Main reasoning/argumentation:

The Constitutional Court established that determining this quota is in the public interest and that the weight of the consequences of the above-described limitation does not excessively interfere with the employers’ right to freedom of employment.

Key issues (concepts, interpretations) clarified by the case:

The public interest in facilitating the employment of the disabled, as provided for in the Slovenian legislation, justly encroaches on the right to free economic initiative.

Results (sanctions) and key consequences or implications of the case:

The petition was declared unfounded.