U-I-83/91

Reference no.:
U-I-83/91
Objavljeno:
OdlUS I, 53 | 09.07.1992
ECLI:
ECLI:SI:USRS:1992:U.I.83.91
Act:
Resolution of the Executive Council of Ljubljana Town Assembly (Official Gazette of the Socialist Republic of Slovenia, no. 14/91). Public Invitation of Tenders for the Selection of Chimney-Sweep Contractors for the Ljubljana Town Area (in daily Delo of 23 April 1991).
Operative provisions:
The procedure for assessment of constitutionality and legality of the impugned Decree and of the public invitation shall be stopped.
Abstract:
The Constitutional Court established that the impugned documents did not contain any provisions of the nature of general legal regulation, and were only acts in the process of implementing the law. The Constitutional Court is for this reason not competent for their assessment in accordance with Article 160 of the Constitution.
Password:
Non-competence of the Constitutional Court to assess a resolution of the executive council of a town and a public invitation (competition) which are neither regulations nor enactments.
Legal basis:
Constitution of 1991, Article 160.
Document in PDF:
The full text:
U-I-83/91-7
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 constitutionality and legality initiated by the company 'Dimnikarstvo' of Ljubljana, as represented by Mr. Drago Mlinarič, a lawyer from Ljubljana, 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 constitutionality and legality of the Resolution of the Executive Council of Ljubljana Town Assembly (Official Gazette of the Socialist Republic of Slovenia, no. 14/91) and of the Public Invitation of Tenders for the Selection of Chimney-Sweep Contractors for the Ljubljana Town Area, published in the daily Delo of 23 April 1991) shall be stopped.
 
 
R E A S O N S
 
In the proposed initiative of 22 September 1991, the initiator claims that the provision, which specifies that chimney-sweeping activities in the area of the municipalities of Ljubljana shall be performed by the said company and also by others, and that all contractors shall be selected on the basis of a public competition, is not in conformity with constitutional and legal principles of free operation of the market and of equality of economic entities. The impugned Resolution is also supposed to be in conflict with Article 11 of the Chimney-Sweeping Service Law, which regulates the withdrawal of the right to perform chimney-sweeping activities at any particular area to private contractors.
 
The Constitutional Court finds that the impugned Resolution and Public Competition do not contain any provisions of the nature of general legal regulation, and are only acts in the process of implementing the Chimney-Sweeping Service Law (Official Gazette of the Socialist Republic of Slovenia, nos. 16/74 and 14/90) and of the Decree on Public Utility Services in the Area of the Municipalities of Ljubljana (Official Gazette of the Socialist Republic of Slovenia, no. 45/82). The Constitutional Court is for this reason not competent for their assessment in accordance with Article 160 of the Constitution. Bearing this in mind, the Constitutional Court stopped the procedure 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:
Dimnikarstvo, Ljubljana
Date of application:
23.09.1991
Date of decision:
09.07.1992
Type of decision adopted:
ruling
Outcome of proceedings:
discontinuance
Document:
AN00031