U-I-128/98

Reference no.:
U-I-128/98
Objavljeno:
OdlUS VII, 173 | 23.09.1998
ECLI:
ECLI:SI:USRS:1998:U.I.128.98
Act:
Agreement between the Government of the Republic of Slovenia, the Slovenian Ministry of Defense, and the Government of the Republic of Israel, the Israeli Ministry of Defense
Operative provisions:
The petition for instituting proceedings for the review of the constitutionality of the Agreement between the Government of the Republic of Slovenia, the Slovenian Ministry of Defense, and the Government of the Republic of Israel, the Israeli Ministry of Defense, is rejected.
Abstract:
The Constitutional Court is a body of the Republic of Slovenia, the jurisdiction of which is determined in Art. 160 of the Constitution. This article in Para. 2 determines an exceptional jurisdiction of the Constitutional Court to give opinions on international agreements before these become part of the internal law of the Republic of Slovenia. In all other cases the Constitutional Court is only empowered to review the consistency of regulations or other legal acts which are part of the legal system of the Republic of Slovenia.

An international agreement becomes part of the internal legal system not until a statute or decree on ratification are adopted. Concerning the Agreement between the Government of the Republic of Slovenia, the Slovenian Ministry of Defense, and the Government of the Republic of Israel, the Israeli Ministry of Defense Šhereinafter: the Agreement], neither a statute or a decree nor any other internal act exist the contents of which would be such as being subject to Constitutional-Court review.

Thus, the Constitutional Court has no jurisdiction to review either the Agreement, or the procedure of its adoption.
Password:
International agreement, secret international agreements.
Constitutional Court, jurisdiction for the review of an international agreement.
Principle of democracy.
Principle of the separation of powers.
Principle of the consistency of legislation with the principles of international law and international agreements, and the principle of the direct application of international agreements. Voting right.
Free elections.
Participation in the administration of public affairs.
Government, composition.
Principle of the consistency of legal acts.
Validity of regulations and their promulgation.
International agreement, proclamation.
Lack of jurisdiction of the Constitutional Court to review regulations which are not part of the legal system of the Republic of Slovenia.
International agreement, ratification.
Concurring opinion of a Constitutional Court justice.
Legal basis:
Constitution, Art. 1, Art. 3, Para. 2, Arts. 8, 43, 44, 110, Art. 153, Para. 2, Art. 154, Art. 160, Para. 1, Subparas. 1 and 3, Art. 160, Para. 2
Foreign Affairs Act (ZZZ), Arts. 58, 59, 60, 61, 62, 63, 68
Vienna Convention on Contract Law, Art. 2, It. 1 a, Arts. 7, 46
United Nations Charter, Art. 102
Defense Act (ZObr), Art. 32
Constitutional Court Act (ZUstS), Arts. 21, 25
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
executive regulation
Applicant:
Janez Janša and other Deputies of the National Assembly
Date of application:
24.03.1998
Date of decision:
23.09.1998
Type of decision adopted:
ruling
Outcome of proceedings:
rejection
Document:
AN01592