U-I-147/92

Reference no.:
U-I-147/92
Objavljeno:
OdlUS II, 45 | 06.05.1993
ECLI:
ECLI:SI:USRS:1993:U.I.147.92
Act:
Supplementary law to the law on citizenship of the Republic of Slovenia (Off. Gaz. RS, no. 30/91-I)
Operative provisions:
The initiative for assessing the constitutionality of the impugned law was not accepted.
Abstract:
The legal provisions, according to which, irrespective of meeting the conditions of para. 1 of article 40 of the law on citizenship, an application for citizenship by a citizen of another republic can be rejected if reasons are appended under point 8 of para. 1 of article 10, which determines as a condition for obtaining citizenship by naturalisation that granting of citizenship does not represent a threat to the public order, security or defence of the state, does not with retroactive effect encroach on the initiator's rights, since the plaintiff became a citizen only on the day of the disputed decision on obtaining citizenship.
Password:
Retroactive effect of a law
Legal basis:
Constitutional Law for Implementing the Constitution RS, art. 7 Law on proceedings before the Constitutional Court SRS, art. 15
Document in PDF:
The full text:
U-I-147/92-9
6.5.1993
 
RESOLUTION
 
At a meeting held on 6.5.1993, the Constitutional Court dealt with the initiative of Husein Kasumović, from Tržič, represented by Miro Senica and Barbara Menart-Senica, lawyers in Ljubljana, and passed
 
the following resolution:
 
The Constitutional Court does not accept the initiative and has not started proceedings for assessing the constitutionality of the supplementary law to the law on citizenship of the Republic of Slovenia (Off. Gaz. RS, no. 30/91-I).
 
Reasoning
 
The initiator bases his initiative on the claim that he lodged an application for citizenship of the Republic of Slovenia on the basis of article 40 of the law on citizenship of the Republic of Slovenia (Off. Gaz. RS, no. 1/91-I, 30/91-I and 38/92). His application was rejected by decision of 20.7.1992 for reasons citing the third paragraph of article 40 of the law on citizenship of the Republic of Slovenia. This determines that, irrespective of meeting the conditions of the first paragraph of this article, an application for citizenship from a citizen of another republic may be rejected if reasons are appended under point 8 of para. 1 of article 10, which determines as a condition for obtaining citizenship by naturalisation, that granting of citizenship does not represent a threat to the public order, security or defence of the state. The provisions of the third paragraph of article 40 of the law on citizenship were validated by the supplementary law to the law on citizenship of the Republic of Slovenia (Off. Gaz. RS, no. 30/91-I), which took effect on 14.12.1991. For the reasons cited, the initiator believes that the law has been used retroactively, which violates the Constitution, and he proposes that the Constitutional Court annul this law.
 
The Constitutional Court finds that the initiative is not substantiated. The supplementary law to the law on citizenship of the Republic of Slovenia does not determine retroactive effect and took effect on the day of its promulgation in the national official gazette. Also in the case of the initiator, it did not have retroactive effect. The initiator deposited his application for citizenship prior to implementation of the law whose constitutionality is impugned. However, the law on citizenship of the Republic of Slovenia expressly defines that an applicant for citizenship under article 40 of the law only becomes a citizen on the day that the decision on granting citizenship is handed down. The decision that the applicant's request was not granted was issued on 27.7.1992, so after the implementation of the impugned law. The decision thus did not retroactively encroach on the initiator's rights, but relied on a legal provision which took effect prior to the conclusion of the administrative procedure. In view of the express provisions of article 15 of the law on citizenship of the Republic of Slovenia, the Constitutional Court is of the opinion that there is no cause to characterise the use of the law as retroactive in this case.
 
The Constitutional Court passed this resolution on the basis of article 7 of the Constitutional Law for Implementing the Constitution, by the use of article 15 of the law on procedures before the Constitutional Court of SR Slovenia (Official Gazette SR Slovenia, no. 39/74 and 28/76).
 
 
President
Dr. Peter Jambrek
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Husein Kasumović, Tržič
Date of application:
26.11.1992
Date of decision:
06.05.1993
Type of decision adopted:
ruling
Outcome of proceedings:
non-acceptance of petition
Document:
AN00203