U-I-11/96

Reference no.:
U-I-11/96
Objavljeno:
OdlUS VIII, 60 | 11.03.1999
ECLI:
ECLI:SI:USRS:1999:U.I.11.96
Act:
Decree on the Criteria for Establishing the Implementation of Certain Conditions for the Acquisition of the Citizenship of the Republic of Slovenia by Naturalization (Official Gazette RS, No. 47/94)
Operative provisions:
The petition to commence proceedings for the review of the constitutionality and legality of the Decree on the Criteria for Establishing the Implementation of Certain Conditions for the Acquisition of the Citizenship of the Republic of Slovenia by Naturalization is rejected.
Abstract:
Since a potential establishment of the unconstitutionality of the decree which determines the criteria for establishing the implementation of certain conditions for the acquisition of citizenship would not change the legal position of the petitioner, who applied for a permit for temporary residence, standing of the petitioner to file a petition for the review of the constitutionality and legality of the decree is not demonstrated. Therefore, the Constitutional Court rejected the petition.
Password:
Standing, a legal requirement of constitutional proceedings.
Citizenship, acquisition by naturalization.
Regulation of statutory subject-matter by executive acts.
Vague legal concepts.
Foreigners, permit for the temporary residence of foreigners, analogy.
Concurring opinion of a Constitutional Court judge.
Dissenting opinion of a Constitutional Court judge.
Principle of a law-governed and social State.
Right to citizenship.
Legal basis:
Constitution, Arts. 2, 12, 162.2
Act on the Citizenship of the Republic of Slovenia (ZDRS), Arts. 10, 28
Foreigners Act (ZTuj), Arts. 14, 23
Constitutional Court Act (ZUstS), Arts. 25 and 26
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
executive regulation
Applicant:
Fabijan Jurlete, Ptuj
Date of application:
19.01.1996
Date of decision:
11.03.1999
Type of decision adopted:
ruling
Outcome of proceedings:
rejection
Document:
AN01750