Reference no.:
Official Gazette RS, No. 105/2006 and OdlUS XV, 69 | 05.10.2006
Due to the fact that in the procedure for the protection of the right to vote other legal remedies except for those explicitly and separately regulated by law cannot be mutatis mutandis allowed, and furthermore that the Local Elections Act (ZLV) does not allow that the State Elections Committee (DVK) perform supervision over the decision-making of municipal elections committees, DVK cannot decide on the content of a matter that has been decided by the Administrative Court. Consequently, it must be concluded that there is no judicial dispute. In accordance with paragraph 2 of Article 61 of the Constitutional Court Act, the Constitutional Court decides on jurisdictional disputes in which several authorities refuse to be competent in a particular case. The case that was decided by the Administrative Court was the appeal against the Municipal Elections Committees of Velenje Municipality (OVK) decision. The Administrative Court decided the appeal and annulled the OVK decision of 29 September 2006, and consequently the OVK decision of 28 September 2006 is applicable. Legal remedies or a constitutional complaint are not allowed against the Administrative Court judgment, as the complainant could not demonstrate a legal interest for such as regards the fact that the OVK decision of 28 September 2006 was in favor of the complainants. Therefore, after establishing that DVK is not competent to supervise the work of municipal elections committees, there is neither a jurisdictional dispute nor a dispute that should be decided by the Administrative Court.
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jurisdictional disputes
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