U-I-118/95

Reference no.:
U-I-118/95
Objavljeno:
Official Gazette RS, No. 24/99, Official Gazette RS, No. 28/99 and OdlUS VIII, 55 | 11.03.1999
ECLI:
ECLI:SI:USRS:1999:U.I.118.95
Act:
Decree on the Determination of the Highest Premiums for the Mandatory Insurance of Automobile Liability concerning Personal Vehicles (Official Gazette RS, Nos. 21/95, 46/95, 70/95, 19/96, 44/96, 68/96, 19/97, 47/97, 75/97, 27/98 and 54/98)

Decree on the Determination of the Highest Premiums for the Mandatory Insurance of Automobile Liability concerning Personal Vehicles (Official Gazette RS, No. 82/98)
Operative provisions:
The Decrees on the Determination of the Highest Premiums for the Mandatory Insurance of Automobile Liability concerning Personal Vehicles were not inconsistent with the Constitution and statutes. The Decree on the Determination of the Highest Premiums for the Mandatory Insurance of Automobile Liability concerning Personal Vehicles was not inconsistent with the Constitution and statutes.
Abstract:
The challenged decrees on the determination of the highest amount of premiums for the mandatory insurance of automobile liability concerning personal vehicles, adopted on the basis of Art. 5 of the Prices Act (hereinafter: ZCen), are not inconsistent with the Constitution and statute, since they were adopted for economic reasons and reasons associated with the prevention from fixing market prices in a monopolist manner.

Moreover, Art. 6.3 of the Mandatory Insurance in Traffic Act gives to the Government a new authority for the protection of consumers. Both provisions are thus complementary.

Furthermore, in adopting interventionist measures under Art. 5 of ZCen there was no violation of the statutory authority, since the reasons for such measures existed in the case of any adopted measure.
Password:
Insurance, automobile insurance, mandatory insurance.
Prices, measures of determining prices, the highest amounts of insurance premiums.
Government, competence, interventionist measures.
Principle of free enterprise.
Principle of a free determination of prices.
Principle of the conformity of legal acts.
Principle of democracy.
Principle of a State governed by the rule of law.
Principle of proportionality.
Principle of the separation of powers.
Principle of the legality of work of public administration bodies.
Complementary character of statutory provisions.
Lex specialis.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 1, 2, 3, 74, 120.3, 153.3
Prices Act (ZCen), Art. 5
Mandatory Insurance in Traffic Act (ZOZP), Art. 6.3
Constitutional Court Act (ZUstS), Arts. 21, 47
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
executive regulation
Applicant:
Insurance Company Adriatic, Inc., Koper and others
Date of application:
03.07.1995
Date of decision:
11.03.1999
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
Document:
AN01690