Constitutional Court annuls portions of regulations on remote schooling

Ljubljana – The Constitutional Court has found multiple provisions of regulations that formed the legal basis for remote schooling in primary schools and schools for special needs children incompatible with the law. Some have been annulled outright, for one major provision it has given the National Assembly two months to change the law.

The court issued two decisions on Monday as it examined petitions by multiple parents.

In one decision, it annulled an entire article of last year’s Act Determining Temporary Measures to Mitigate and Remedy the Consequences of COVID-19 insofar as they refer to primary schools.

Its main argument is that the law gives the Education Ministry too much leeway in determining when remote schooling should be ordered, which constitutes an infringement of children’s rights.

Acknowledging that an immediate annulment could potentially constitute an even more severe violation of human rights, it has given the National Assembly two months to change the law.

In a separate decision brought by the parents of several children with special needs, the court annulled several government decrees that are no longer valid after upholding the claims by the parents that remote schooling had caused their children severe damage and set them back due to lack of social contacts, physical therapy and professional assistance.