Up-50/94

Reference no.:
 Up-50/94
Objavljeno:
 OdlUS VII, 99 | 22.01.1998
ECLI:
 ECLI:SI:USRS:1998:Up.50.94
Act:
 Supreme Court judgement No. U 647/93-6 dated 9 March 1994 and Ministry of the Interior decision No. 0011/11-XVII-183.125 dated 15 April 1993
Operative provisions:
 The Supreme Court judgement and the Ministry of the Interior decision are abrogated ab initio. The case is remanded to the Ministry of the Interior for a new decision.
Abstract:
 The administrative organ stated in the decision refusing to grant citizenship to the complainant only that he had been convicted by a final judgement because of criminal offenses and administrative offenses against public order and peace. It failed, however, to evaluate the complainant's statements on the committed criminal and administrative offenses and his family and other social bonds with the Republic of Slovenia, or gathered documents. Thus, the challenged administrative organ decision violated the constitutional guarantee of equality in the protection of rights (Art. 22 of the Constitution).

The court reviewing the administrative decision did not abrogate ab initio the decision which had been incompletely reasoned, but only defined on its own the decisive facts, listed its considerations and made a conclusion on the legality of the discretion applied. This is why by the Supreme Court decision the constitutional guarantee of the equality in the protection of rights (Art. 22 of the Constitution) was violated.
Password:
 Principle of a state governed by the rule of law and a social state.
Equality in the protection of rights.
Matrimony and family.
Rights and duties of parents.
Principle of legality in administration.
Rights of children.
Citizenship, the acquisition of citizenship.
Citizenship, the reasons of public order to refuse to grant citizenhips.
Proportionality.
Administrative procedure, decision upon discretion.
Administrative decision, formal components.
Concurring opinion of a Constitutional Court justice.
Legal basis:
 Constitution, Arts. 2, 22, 53, 54, 56, 120
Convention on the Protection of Human Rights and Fundamental Freedoms (EKČP), Art. 10
Act on the Citizenship of the Republic of Slovenia (ZDRS), Arts. 10, 40
Constitutional Court Act (ZUstS), Art. 59, Para. 1
Document in PDF:
Type of procedure:
 constitutional complaint
Type of act:
 other acts
Date of application:
 17.06.1994
Date of decision:
 22.01.1998
Type of decision adopted:
 decision
Outcome of proceedings:
 annulment or annulment ab initio
Document:
 AN01549