U-I-84/91

Reference no.:
U-I-84/91
Objavljeno:
OdlUS I, 29 | 23.04.1992
ECLI:
ECLI:SI:USRS:1992:U.I.84.91
Act:
Resolution of the Assembly of the Chamber of Trades of Ljubljana Center regarding the determination of the basis and degree of the membership fee to the Chamber of Trades of Ljubljana Center for the year 1991 from June 1, 1991 onwards, dated May 28, 1991, Item II Resolution of the Assembly of the Chamber of Trades of Slovenia regarding the determination of the basis and degree of the membership fee to the Chamber of Trades of Slovenia and its organizational units, and regarding the amount of the contribution for social aid to old craftsmen for the year 1991 from June 1, 1991 onwards, dated March 26, 1991, Item II
Operative provisions:
The initiative for determination of constitutionality and legality of the impugned provisions of the Resolution has not been accepted.
Abstract:
The Resolution of the Assembly of the Chamber of Trades of Ljubljana Center and the Resolution of the Assembly of the Chamber of Trades of Slovenia for the year 1991 from June 1, 1991 onwards, which determine the basis and degree of the membership fee of craftsmen are not in disharmony with statute.
Password:
Lack of jurisdiction of the Constitutional Court for determination of constitutionality and legality of general acts which were not issued for the implementation of public powers.
Legal basis:
The 1991 Constitution, Art. 160, Para 1.
Document in PDF:
The full text:
U-I-84/91
23/4-1992
 
R E S O L U T I O N
 
At the meeting on April 23, 1992 the Constitutional Court discussed the initiative given by Marina Bahovec, Ljubljana and
 
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 Constitutional Court refused to accept the initiative and will not institute the proceeding for evaluation of the constitutionality and legality of the following provisions:
 
1. figure II of the Resolution of the Assembly of the Chamber of Trades of Ljubljana Center regarding the determination of the basis and degree of membership fee to the Chamber of Trades of Ljubljana Center for the year 1991 from June 1, 1991 onwards, passed on May 28, 1991, and
 
2. figure II of the Resolution of the Assembly of the Chamber of Trades of Slovenia regarding the determination of the basis and degree of membership fee to the Chamber of Trades of Slovenia and its organizational units and regarding the amount of the contribution for social aid to old craftsmen for the year 1991, from June 1, 1991 onwards, passed on March 26, 1991.
 
R e a s o n s
 
The initiator impugns the constitutionality and legality of the above-mentioned resolutions, because she does not consider herself a member of the Chamber of Trades of Ljubljana Center and the Chamber of Trades of Slovenia - the Chambers cannot impose the payment of membership fees on non-members.
 
In their answers, both Chambers propose to refuse the initiative as unjustified, referring to the provisions of the Economic Chamber of Slovenia Act and to the provisions of their own by-laws pursuant to which the two impugned Resolutions were passed.
 
The Constitutional Court did not accept the initiative. As already declared in the case No. U-I-20/90 by decision dated Jan. 17, 1991 (Official Gazette of SRS, No. 5/91), Art. 1, Para 1, Item 2 of the Economic Chamber of Slovenia Act (Official Gazette of RS, No. 14/90) prescribes compulsory membership of craftsmen in the Economic Chamber of Slovenia through the Association of Trades (now: Chamber of Trades) and accordingly indirectly prescribes compulsory membership of craftsmen in the Chamber of Trades.
 
This Resolution was passed on the basis of Art. 7 of the Enabling Statute for the Implementation of the Constitution (Official Gazette of RS, No. 33/91-I) and on the basis of Art. 25, Para 3, Item 2 of the Law on the Procedure of the Constitutional Court of SR Slovenia (Official Gazette of SRS, No. 39/74 and 28/76).
 
P r e s i d e n t :
Dr. Peter Jambrek
signed
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
act of a society
Applicant:
Marina Bahovec, Ljubljana
Date of application:
26.09.1991
Date of decision:
23.04.1992
Type of decision adopted:
ruling
Outcome of proceedings:
non-acceptance of petition
Document:
AN00042