U-I-43/99

Reference no.:
U-I-43/99
Objavljeno:
Official Gazette RS, No. 59/99 and OdlUS VIII, 146 | 10.06.1999
ECLI:
ECLI:SI:USRS:1999:U.I.43.99
Act:
Financing of Municipalities Act (Official Gazette RS, Nos. 80/94, 45/97 - dec. CC and 56/98) (ZFO), Art. 24.2 Act on the Amendment to the Financing of Municipalities Act (Official Gazette RS, No. 56/98) (ZFO-A), Art. 25.2 Decree on the Temporary Assurance of Additional Funds for Keeping the Financial Balance of the Municipalities Which Do Not Reach Seventy-Five Percents of the Calculated Extent of the Appropriate Expenditure Per a Municipality (Official Gazette RS, Nos. 13/99 and 14/99 - corr.), Arts. 2 and 3
Operative provisions:
Art. 24.2 of the Financing of Municipalities Act and Art. 25.2 of the Act on the Amendment to the Financing of Municipalities Act are annulled. Arts. 2 and 3 of the Decree on the Temporary Assurance of Additional Funds for Keeping the Financial Balance of the Municipalities Which Do Not Reach Seventy-Five Percents of the Calculated Extent of the Appropriate Expenditure Per a Municipality, are annulled.
Abstract:
It is the duty of the legislature to regulate a system of the financing of municipalities in a manner such that citizens may exercise their right to local self-government. In this regard the material basis must meet the duties which the municipality performs within the framework of its field of work. The challenged statutory regulation, which does not provide for individual municipalities the extent of funds determined by the legislature to assure the municipality the implementation of its constitutional and statutory duties, does not enable the citizens of such municipalities to exercise their right to local self-government (Art. 138 of the Constitution).

From the logical interpretation of Art. 142 of the Constitution (that the State assures municipalities which due to unfavorable economic conditions are unable to completely provide for the performance of their duties additional funds in accordance with principles and criteria determined by statute) it follows that the principles and criteria determined by the legislature must not interfere with the right of the municipality to receive funds to completely ensure the performance of its duties.

Intended to systematically regulate the assurance of additional funds for the keeping of financial balance, the Decree on the Temporary Assurance of Additional Funds for Keeping the Financial Balance of the Municipalities Which Do Not Reach Seventy-Five Percents of the Calculated Extent of the Appropriate Expenditure Per a Municipality defines the limit up to which additional funds are assured for the individual municipality for keeping its financial balance, and the condition under which these funds are assured. Concerning the annulment of the statutorily determined limit, the Constitutional Court annulled also Art. 2 of the Decree, since there was no statutory basis anymore for this provision of the Decree. Also, the Constitutional Court annulled Art. 3 of the Decree by reason of its inconsistency with Art. 120.2 and Art. 153.3 of the Constitution, since the condition under which funds may be assured on the basis of an executive regulation can only be prescribed if there is a basis for it in statute.
Password:
Constitutional Court, the principle of linking issues.
Local self-government, the principle of local self-government, realization.
Municipality, criteria for formation, competence, financial autonomy.
Financing of municipalities, the system of the appropriate expenditure per a citizen.
Municipalities, financing, the extent of financing, the proportion between tasks and incomes.
European Charter on Local Self-government, the proportionality of financial sources and tasks, the protection of financially weaker local communities.
Principle of equality before the law.
Principle of the realization of local self-government.
Principle of the prohibition of the retroactive validity of legal acts.
Principle of the mutual conformity of legal acts.
Principle of legality in the activities of public administration bodies, judicial protection.
Principle of proportionality.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 9, 14, 210.2, 138, 140.1, 142, 153.3, 155
Act on Ratification of the European Charter of Local Self- government (MELLS), Art. 9
Local Government Act (ZLS), Art. 52
Act on the Amendment to the Act on Implementation of the Budget of the Republic of Slovenia (ZIPRS-C), Art. 39
Constitutional Court Act (ZUstS), Arts. 30. 40.1, 43, 45.3
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Municipal Council of Sveti Jurij ob Ščavnici Municipality and a group of National Assembly Deputies
Date of application:
12.02.1999
Date of decision:
10.06.1999
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN01823