Reference no.: |
Up-295/97 |
Objavljeno: |
OdlUS VIII, 294 | 13.10.1999 |
ECLI: |
ECLI:SI:USRS:1999:Up.295.97 |
Act: |
Judgement of the Supreme Court No. U 1759/94, dated 20 June 1997, and Decision of the Ministry of the Interior No. 0011/7- XVII-309.137, dated 4 November 1994 |
Operative provisions: |
The Judgement of the Supreme Court and the Decision of the Ministry of the Interior are annulled ab initio. The case is remanded to the Ministry of the Interior for new decision making. |
Abstract: |
A statute or part of a statute which is annulled by the Constitutional Court is, in accordance with Art. 44 of the Constitutional Court Act, not applied to the relations having been made before the day when the annulment took effect, if they had not been finally decided upon until that day. This means that annulment has impact only on the legal relations which were not yet finally decided upon until the annulment, whereas it does not have any impact on the legal relations which were already regulated by final decisions. However, since a constitutional complaint can interfere with finally regulated legal relations, annulment has impact on all those final individual acts against which a constitutional complaint has been duly filed provided that it has not been decided upon it until the taking effect of the annulment. |
Password: |
Principle of trust in the law. Citizenship, grant of citizenship, exceptional naturalization, criteria, a threat to the public order, safety or protection of the State. Effects of Constitutional Court decisions. Finality. Principle of equality in the protection of rights. Concurring opinion of a Constitutional Court judge. |
Legal basis: |
Constitution, Arts. 158, 161 Republic of Slovenia Citizenship Act (ZDRS), Art. 40 Constitutional Court Act (ZUstS), Arts. 44, 59.1 |
Document in PDF: |
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Type of procedure: |
constitutional complaint |
Type of act: |
other acts |
Date of application: |
10.10.1997 |
Date of decision: |
13.10.1999 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN01954 |
