U-I-341/98

Reference no.:
U-I-341/98
Objavljeno:
Official Gazette RS, No. 72/98 and OdlUS VII, 186 | 14.10.1998
ECLI:
ECLI:SI:USRS:1998:U.I.341.98
Act:
Act on the Establishment of Municipalities and the Determination of Their Territory (Official Gazette RS, Nos. 60/94, 69/94 and 56/99) (ZUODNO), Art. 2, It. 45
Operative provisions:
Art. 45, It. 2 of the Act on the Establishment of Municipalities and the Determination of Their Territory, which reads as follows: "The first municipal council is consisted of twelve members.", is hereby abrogated. The Ordinance on the Determination of Electoral Districts for the Election of the Municipal Council and the Mayor of the Municipality of Horjul (Official Gazette RS, No. 63/98) is abrogated. The regular election of members of the municipal council and the mayor of the Municipalities of Horjul and Dobrova - Polhov Gradec will be carried out after the National Assembly determines anew the number of members of the municipal council of the newly established Municipality of Horjul. The term of office of bodies of the Municipality of Dobrova - Polhov Gradec is extended until the municipal councils of the new Municipality of Horjul and of the Municipality of Dobrova - Polhov Gradec, which will be elected at regular elections, take their duties.
Abstract:
Having no sound reasons the National Assembly treated the Municipality of Horjul contrary to the criteria it had adopted concerning the principle of equality. Therefore, the challenged statutory provision is inconsistent with Art. 14 of the Constitution.

The municipal ordinance unlawfully determines the number of members of a municipal council. Thus, the municipal council decided by the Ordinance on a matter which is within the powers of the legislature. Thereby it also violated Art. 153, Para. 3 of the Constitution, which provides that executive regulations and other general acts must be consistent with statute, and Art. 140, Para. 1 of the Constitution, providing that the municipality is empowered to manage local matters which may be regulated by the municipality autonomously and which affect only the inhabitants of the municipality.
Password:
Local self-government, a referendum for the establishment of municipalities and the determination of their territory.
Principle of equality.
Right to vote.
Principle of the conformity of legal acts.
Local communities, a field of work.
Constitutional Court, the determination of the execution of a Constitutional Court decision.
Appellate decision of the Constitutional Court.
Partial dissenting opinion of a Constitutional Court justice.
Dissenting opinion of a Constitutional Court justice.
Legal basis:
Constitution, Arts. 14, 43, 140, 153
Local Self-Government Act (ZLS), Art. 116
Local Elections Act (ZLV), Art. 116
Constitutional Court Act (ZUstS), Arts. 21, 30, Art. 40, Para. 2, Arts. 43 and 45
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Local community Horjul
Date of application:
05.10.1998
Date of decision:
14.10.1998
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN01648