U-I-9/95

Reference no.:
U-I-9/95
Objavljeno:
OdlUS IV, 35 | 13.04.1995
ECLI:
ECLI:SI:USRS:1995:U.I.9.95
Act:
Resolution of 20th session of the Executive Council of the Municipal Assembly of Maribor of 21 November 1994 on the obligation on the part of public institutions having been founded by the Municipal Assembly of Maribor, and which sold the apartments, the tenancy right to which belonged to their employees, subsequent to the coming into force of the Housing Act, to credit the funds deriving from the apartments so sold to the giro account of the Housing Stock of the Maribor Municipality.
Operative provisions:
The initiative for the evaluation of constitutionality of the Resolution of 20th session of the Executive Council of the Municipal Assembly of Maribor of 21 November 1994 on the obligation on the part of public institutions having been founded by the Municipal Assembly of Maribor, and which sold the apartments, the tenancy right to which belonged to their employees, subsequent to the coming into force of the Housing Act, to credit the funds deriving from the apartments so sold to the giro account of the Housing Stock of the Maribor Municipality is rejected.
Abstract:
The Constitutional Court does not have jurisdiction over the evaluation of the act of the Municipal Executive Council used in the framework of the management of Municipal assets by the same, because the said act is not a regulation or general act issued for the exercise of public powers.
Password:
Lack of jurisdiction of the Constitutional Court over the evaluation of an act of an Executive Council which is not a regulation or general act issued for the exercise of public powers.
Separate opinion of a judge of the Constitutional Court.
Legal basis:
Constitutional Court Act, paragraph 2 of Article 24, Articles 21, 25.
Document in PDF:
The full text:
U-I-9/95
13.4.1995


R E S O L U T I O N

At the meeting of 13 April 1995 concerning the procedure of examining the initiative of the Business Association of Primary Schools of Maribor, represented by the President of the Association, Mr. Andrej Koren, the Constitutional Court

passed the following resolution:

The initiative for the evaluation of constitutionality of the Resolution of 20th session of the Executive Council of the Municipal Assembly of Maribor of 21 November 1994 on the obligation on the part of public institutions having been founded by the Municipal Assembly of Maribor, and which sold the apartments, the tenancy right to which belonged to their employees, subsequent to the coming into force of the Housing Act, to credit the funds deriving from the apartments so sold to the giro account of the Housing Stock of the Maribor Municipality is rejected.


R e a s o n s :

1. The initiator proposes the evaluation of constitutionality and legality of the above Resolution for its supposed unjustified appropriation of the funds deriving from the sale of apartments which were intended for use only in solving housing problems of teachers employed in the schools being members of the Association and for the purchase of which members of the Business Association separately collected funds.

2. The satisfied requirement of standing is the procedural conditions which must be fulfilled for one to be able to submit the initiative for commencing proceedings before the Constitutional Court. According to the provision of paragraph 2 of Article 24 of the Constitutional Court Act (Official Gazette of RS, No. 15/94; hereinafter: "the CCA"), standing for submitting an initiative shall be deemed to be shown if a general act, including those issued for the exercise of public powers, submitted for evaluation by an initiator, directly interferes with his rights, legal interests or legal position.

The initiator has failed to satisfy the said requirement of standing, because the disputed Resolution does not in any way interfere with the rights, legal interests or legal position of the Business Association as legal person.

3. The Constitutional Court at the same time finds that the disputed act is not a regulation or general act issued for the exercise of public powers but an act of the Municipal Executive Council used in the framework of the management of Municipal assets by the same. On the basis of Article 21 of the CCA, however, it follows that the Constitutional Court does not have jurisdiction over the evaluation of
constitutionality and legality of such act.

4. For the foregoing reasons the Constitutional Court rejected the initiative.

5. This Resolution was passed on the basis of Article 25 of the CCA by the Constitutional Court in the following composition: Dr. Tone Jerovšek, President, and Dr. Peter Jambrek, Matevž Krivic, M.L., Janez Snoj, M.L., Dr. Janez Šinkovec, Dr. Lovro Šturm, Franc Testen, Dr. Lojze Ude and Dr. Boštjan M. Zupančič, the judges. The Resolution was passed unanimously. A concurring opinion was given by the judge Krivic.


P r e s i d e n t:
Dr. Tone Jerovšek
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Business Association of Primary Schools of Maribor
Date of application:
16.01.1995
Date of decision:
13.04.1995
Type of decision adopted:
ruling
Outcome of proceedings:
rejection
Document:
AN00883