U-I-190/95

Reference no.:
U-I-190/95
Objavljeno:
Official Gazette of RS, No. 4/99, OdlUS VII, 221 and OdlUS VIII, 195 | 17.12.1998
ECLI:
ECLI:SI:USRS:1998:U.I.190.95
Act:
Rules on the Methodology for Fixing Prices of Rents in Non- Profit Apartments (Official Gazette RS, No. 47/95)
Operative provisions:
The Rules on the Methodology for Fixing Prices in Non-Profit Apartments are abrogated. The abrogation from Point 1 of the disposition will take effect in one year after the promulgation of this decision in the Official Gazette.
Abstract:
Rules as an executive act must conform the Constitution and statute, and must not include any provision for which there is no basis in statute. The principle of the binding effect of statute on the executive powers excludes the possibility that the competent Minister would independently regulate the methodology for fixing rents for non-profit apartments without having any authorization in statute.
Password:
Abrogation of a regulation with postponing effect, the rules of an administrative body.
Apartments, non-profit rent.
Principle of legality.
Principle of a law-governed and social State.
Ownership.
Principle of the mutual consistency of legal acts.
Regulation of statutory subject-matter by an executive act.
Principle of the separation of powers.
Dissenting opinion of a Constitutional Court justice.
Concurring opinion of a Constitutional Court justice.
Legal basis:
Constitution, Arts. 2, 67, 120, 153
Housing Act (SZ), Arts. 2, 5, 7, 8, 9, 10, 11, 150
Administration Act (ZUpr), Art. 99
Constitutional Court Act (ZUstS), Arts. 26, 45, 48
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
executive regulation
Applicant:
Zora Novak, Ljubljana
Date of application:
12.09.1995
Date of decision:
17.12.1998
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN01664