The Surrender of Constitutional Sovereignty is a Logical Consequence of the “Bozo Effect” and Dead Technocracy: A Path to Analysis and Commentary on the Decision of the Constitutional Court of the Republic of Slovenia Up-1634/22

The article provides a critical analysis of the Slovenian Constitutional Court’s decision Up-1634/22, which annulled criminal convictions based on the unconstitutionality of telecommunications data retention. The author derives the theoretical framework from the concepts of the »bozo effect« and »dead technocracy«, terms denoting a systemic decay of constitutional substance resulting from negative personnel selection and the dominance of hollow formalistic procedures over sovereign constitutional judicial reasoning. The analysis focuses on the methodological shift in paragraph 21 of the decision’s reasoning, where the majority preemptively rejected the application of the proportionality test. The author characterizes this as a surrender of constitutional sovereignty and an uncritical adherence to the ECtHR case law (specifically the Škoberne case). Special attention is given to the separate opinions, particularly the paradox in the opinion of judge Dr Šugman Stubbs, who, despite acknowledging the case as "borderline” and understanding the concerns of the minority (judges Knez, Čeferin, Kogovšek Šalamon), consented to absolute procedural exclusion. The article warns against the dangers of constitutional purism, which sacrifices substantive justice and public safety in the name of procedural hygiene, and calls for a return to substantive deliberation and constitutional sovereignty.

Keywords: Constitutional Court of the Republic of Slovenia, privacy, traffic data, bozo effect, dead technocracy, exclusionary rule, proportionality test, constitutional sovereignty.