U-I-74/91

Reference no.:
U-I-74/91
Objavljeno:
OdlUS I, 46 | 02.07.1992
ECLI:
ECLI:SI:USRS:1992:U.I.74.91
Act:
Regulation of the Executive Council of the Assembly of the Commune of Ljubljana Center on Rent Setting (Official Gazette of the Republic of Slovenia, No. 3/91-I and 8/92)
Operative provisions:
Initiative for assessment of constitutionality and legality of impugned regulations is rejected.
Abstract:
The constitutional court has established that the initiator has not demonstrated the legal interest due to which the procedural condition, stipulated by the Constitution for the initiation of procedure, has not been satisfied.
Password:
The demonstrated legal interest of the initiator as the procedural condition for initiation of procedure before the constitutional court.

Legal grounds:

Constitution of 1991, parag. 2, Art. 162
Legal basis:
Člen . Ustava [URS] Člen . Zakon o Ustavnem sodišču [ZUstS]
Document in PDF:
The full text:
U-I-74/91
2. 7. 1992
 
D E C I S I O N
 
At the meeting held on July 2, 1992, the constitutional court discussed the initiative filed by Žiga Klun from Ljubljana and adopted the following decision:
 
The Constitutional court rejects the initiative for starting the procedure for assessment of constitutionality and legality of provisions which refer to the public premises in the regulations on rent setting (Official Gazette of the Republic of Slovenia, No. 3/91-I and 8/92).
 
R E A S O N S:
 
On July 26, 1991, Žiga Klun filed an initiative for assessment of constitutionality and legality of provisions of the regulations stated in the enactment of this decision. He maintains that these provisions are not in compliance with the Constitution and with the Law on Office Buildings and Business Premises (Official Gazette of the Republic of Slovenia, No. 18/74 and 34/88).
 
On Dec. 23, 1991, the Assembly of the Republic of Slovenia declared the Constitution of the Republic of Slovenia which in Parag. 2 of Art. 162 specified that anyone may apply for initiation of procedure if he/she shows his/her legal interest.
 
The initiator failed respond to the written invitation of the constitutional court dated Jan. 15, 1992 to substantiate his legal interest and failed to respond to the repeated invitation dated April 16, 1992.
 
The constitutional court has established that the initiator has not demonstrated his legal interest and thereby failed to satisfy the procedural condition which is specified by the Constitution for initiating the procedure. Therefore, pursuant to Art. 7 of the Constitutional Law for the Implementation of the Constitution of the Republic of Slovenia (Official Gazette of Republic of Slovenia, No 33/91-I) and Item 6, Parag. 2 of Art. 25 of the Procedural Law of the Constitutional Court of Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 39/74 and 28/76), has ruled as stated in the enactment of this decision.
 
Judge
acting on behalf of the President
Dr Tone Jerovšek
(signature: Tone Jerovšek)
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Žiga Klun, Ljubljana
Date of application:
29.07.1991
Date of decision:
02.07.1992
Type of decision adopted:
ruling
Outcome of proceedings:
rejection
Document:
AN00008