U-I-79/91

Reference no.:
U-I-79/91
Objavljeno:
OdlUS I, 52 | 09.07.1992
ECLI:
ECLI:SI:USRS:1992:U.I.79.91
Act:
Decree of the Municipal Assembly of Murska Sobota on Founding the Grammar-School of Murska Sobota (Official Announcements of the Municipalities Gornja Radgona, Lendava and Murska Sobota, no. 18/91, Article 14.
Operative provisions:
The procedure for assessment of legality of the impugned provision of the Decree shall be stopped.
Abstract:
The Constitutional Court stopped the procedure because it established that the impugned Decree, being the foundation charter of an individual institution, was not a regulation but a document applying individually, and the assessment of its legality was thus not within the competence of the Constitutional Court.
Password:
Non-competence of the Constitutional Court to assess a municipal decree on founding an institution, which is not a regulation.
Legal basis:
Constitution of 1991, Article 160, section 1, paragraph 4.
Document in PDF:
The full text:
U-I-79/91 - 18
9. 7. 1992
 
R E S O L U T I O N
 
At the meeting held on 9 July 1992 and concerned with the procedure for assessment of legality initiated by Mrs. Nadja Ivanc-Miloševič from Murska Sobota the Constitutional Court
 
 
p a s s e d t h e f o l l o w i n g r e s o l u t i o n:
 
 
The procedure for assessment of legality of Article 14 of the Decree of the Municipal Assembly of Murska Sobota on Founding the Grammar-School of Murska Sobota (Official Announcements of the Municipalities Gornja Radgona, Lendava and Murska Sobota, no. 18/91) shall be stopped.
 
R E A S O N S
 
With the resolution of 5 March 1992 the Constitutional Court partly accepted the initiative and started the procedure for assessment of legality of the provisions of the Municipal Decree referred to in the disposition (sentence) of this Resolution.
 
In the meantime, the Decree ceased to apply because the responsibility for the foundation of secondary schools has been assigned to the Republic by the Law on Organization and Financing of Education and Training (Official Gazette of the Republic of Slovenia, no. 12/91-I), which in its Article 57 obliges the Republic to adjust foundation charters of secondary schools with this modification of the Law by 29 February 1992, which in the case of the Grammar-School of Murska Sobota the Government of the Republic of Slovenia did with the Decree no. 022-01/92-5/7-8, passed on 27 February 1992. In spite of the fact that the Decree was no longer in force, the Constitutional Court could have annulled the Decree (retroactively), if this had been necessary due to the magnitude of any infringement of law that might have been found on the basis of the criteria of Article 23 of the Law of Constitutional Procedure at the Constitutional Court of the Socialist Republic of Slovenia. However, the Constitutional Court stopped the procedure because it established that the impugned Decree, being the foundation charter of an individual institution, was not a regulation but an document applying individually, and the assessment of its legality was thus not within the competence of the Constitutional Court.
 
This Resolution was passed by the Constitutional Court on the basis of Article 7 of the Constitutional Law on Execution of the Constitution of the Republic of Slovenia and the first paragraph of the second section of Article 25 of the Law of Procedure at the Constitutional Court of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, nos. 39/74 and 28/76).
 
P r e s i d e n t:
Dr. Peter Jambrek
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
other acts
Applicant:
Mrs. Nadja Ivanc - Miloševič, Murska Sobota
Date of application:
29.08.1991
Date of decision:
09.07.1992
Type of decision adopted:
ruling
Outcome of proceedings:
discontinuance
Document:
AN00030