U-I-88/91

Reference no.:
U-I-88/91
Objavljeno:
OdlUS I, 64 | 08.10.1992
ECLI:
ECLI:SI:USRS:1992:U.I.88.91
Act:
Rules of Procedure of the Assembly of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, no. 34/85), third paragraph of the first section of Article 177.
Operative provisions:
The initiative for assessment of constitutionality and legality of the impugned provision of the Rules of Procedure shall not be accepted.
Abstract:
The Constitutional Court does not accept the initiative and will not start the procedure for assessment of legality of the third paragraph of the first section of Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia, because Articles 58.a and 62 of the Act on Amending the Law on Courts of Justice regulates the matter in a different manner then the impugned provision of the Rules of Procedure, which used to regulate this matter, and because Article 1 of Temporary Rules of Procedures specifies that provisions of the Rules of Procedure of the Assembly of the Republic of Slovenia be applied, unless in conflict with Constitution, the law and these Rules of Procedure.
Password:
Regulation of the work of the Committee for elections, appointments and administrative matters of the Assembly of the Republic in the Rules of Procedure of the Assembly concerning proposals to the Chambers of the Assembly for the election and recalling from the post of the President and Judges of the Supreme Court of the Socialist Republic of Slovenia and judges of other Courts of Justice in the Republic.

Cancelling of an older enactment by a subsequent special regulation (lex posterior drogat lex priori).

Hierarchy of legal regulations.

Legal nature of the Rules of Procedure.
Legal basis:
Law on Courts of Justice, Articles 58.a and 62.
Document in PDF:
The full text:
U-I-88/91-9
8. 10. 1992
 
R E S O L U T I O N
 
At the meeting held on 8 October 1992 the Constitutional Court discussed the initiative of the Liberal Democratic Party 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 does not accept the initiative and will not start the procedure for assessment of legality of the third paragraph of the first section of Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, no. 34/85) in that part of it which specifies that the Committee for elections, appointments and administrative matters shall submit to the Chambers of the Assembly proposals for the election and recalling from the post of the President and Judges of the Supreme Court of the Socialist Republic of Slovenia and judges of other Courts of Justice in the Republic specified by the law.
 
R E A S O N S
 
The Liberal Democratic Party has lodged its initiative for assessment of legality of the third paragraph of the first section of Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia. In the initiative, it claims that Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia specified that, among other things, the Committee for elections, appointments and administrative matters shall submit to the Chambers proposals for the election, appointment and recalling from the post of court presidents and judges. At the same time, Article 58.a of the Law on Courts of Justice specifies that all the tasks specified by this Law as falling within the competence of the Assembly of the Socialist Republic of Slovenia in connection with election, appointment and recalling from the post of court presidents and judges shall be performed by a Judicial Council. According to Article 62, the latter shall also prepare a list of candidates and submit it to the Assembly. In the opinion of the initiator, and considering absolute clarity of provisions of the Law on Courts of Justice, the before mentioned Committee of the Assembly can not be competent for proposing candidates for judicial functions, nor can it be a partner (in particular not a superior one) to the Judicial Council in matters of staffing procedure.
 
In its reply, the Assembly of the Republic of Slovenia maintains that the supposed contradiction between the third paragraph of the first section of Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia and the provisions of Articles 58.a and 62 of the Law on Courts of Justice does not exists, because the Temporary Rules of Procedure, which should temporarily - until the adoption of new Rules of Procedure of the Assembly of the Socialist Republic of Slovenia and its Chambers - regulate certain issues in connection with the constituting and the work of the Assembly, its Chambers and some of its working bodies, specify in Article 1 that, in addition to the provisions of Temporary Rules of Procedure, provisions of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia shall also apply until the adoption of new Rules of Procedure, unless in conflict with the Constitution of the Republic of Slovenia, the law and these Rules of Procedure. The said provision of the Temporary Rules of Procedure gives priority to the law, and thus cancels all such provisions of the Rules of Procedure as might be in conflict with the law.
 
From interpretation of the meaning of the initiative it follows that the initiative of the Liberal Democratic Party refers only to that part of the third paragraph of Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia which specifies that the Committee for elections, appointments and administrative matters shall submit to the Chambers of the Assembly proposals for the election and recalling from the post of the President and Judges of the Supreme Court of the Socialist Republic of Slovenia and judges of other Courts of Justice in the Republic specified by the law.
 
The Act on Amending the Law on Courts of Justice (Official Gazette of the Republic of Slovenia, no. 8/90), which is a regulation of later origin than the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, no. 34/85), has transferred some tasks falling within the competence of the Assembly of the Socialist Republic of Slovenia in connection with election, appointment and recalling from the post of court presidents and judges to the Judicial Council (Article 58.a). In Article 62, it stipulates that the Judicial Council shall prepare a list of candidates and submit it to the Assembly of the Socialist Republic of Slovenia.
 
The provision of the second section of Article 1 of the Temporary Rules of Procedure of the Assembly of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, nos. 19/90 and 24/90) specifies that, in addition to the provisions of Temporary Rules of Procedure, provisions of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, no. 34/85) shall also apply until the adoption of new Rules of Procedure, unless in conflict with the Constitution of the Republic of Slovenia, the law and these Rules of Procedure.
 
From what has been said it follows that the Act on Amending the Law on Courts of Justice, which is a regulation of later origin than the Rules of Procedure, has specified in its Articles 58.a and 62 that the Judicial Council should perform certain tasks falling within the competence of the Assembly and concerning election and recalling from the post of presidents of Courts of Justice and judges, among other things also to prepare a list of candidates for judges and presidents of Courts of Justice, and submit it to the Assembly. According to Article 1 of the Temporary Rules of Procedure, it is thus necessary in the said cases to apply the Act on Amending the Law on Courts of Justice, and not Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia which refers to the competence of the Committee for elections, appointments and administrative matters to propose to the Chambers the election and recalling from the post of presidents and judges of Courts of Justice.
 
For the above mentioned reasons no grounds exist for starting the procedure for assessment of legality of the third paragraph of the first section of Article 177 of the Rules of Procedure of the Assembly of the Socialist Republic of Slovenia in its relation to Articles 58.a and 62 of the Act on Amending the Law on Courts of Justice.
 
The Constitutional Court has passed this Resolution 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 15 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:
Liberal Democratic Party
Date of application:
11.10.1991
Date of decision:
08.10.1992
Type of decision adopted:
ruling
Outcome of proceedings:
non-acceptance of petition
Document:
AN00071