U-I-414/06

Reference no.:
U-I-414/06
Objavljeno:
Official Gazette RS, No. 16/2008 and OdlUS XVII, 5 | 24.01.2008
ECLI:
ECLI:SI:USRS:2008:U.I.414.06
Abstract:
The second paragraph of Article 223 of the Minor Offences Act (ZP-1) is not inconsistent with the principle of legality determined in the first paragraph of Article 28 of the Constitution, as it clearly determines which sanctions may be applied. It namely clearly follows from the challenged regulation that a fine prescribed for minor offences in accordance with the first paragraph of Article 33 of the Manufacture and Trafficking of Illicit Drugs Act applies as a prescribed fine.
 
The applicant also requests the examination of the legality of the first and second paragraphs of Article 33 of the Manufacture and Trafficking of Illicit Drugs Act and the second paragraph of Article 223 of the Minor Offences Act (ZP-1). The Constitutional Court is not competent to review the mutual consistency of laws or statutory provisions unless such inconsistency entails the violation of Article 2 of the Constitution. As the legality of a law cannot be reviewed, the Constitutional Court rejected the request in this part.
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Date of application:
30.10.2006
Date of decision:
24.01.2008
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute rejection
Document:
AN03098