U-I-242/96

Reference no.:
 U-I-242/96
Objavljeno:
 Official Gazette RS, No. 83/99 and OdlUS VIII, 199 | 16.09.1999
ECLI:
 ECLI:SI:USRS:1999:U.I.242.96
Act:
 Ordinance on Public Utilities (Official Gazette RS, Nos. 32/96 and 76/97), Arts. 4.2, 5.2 sentence 2, 6.2, 10
Operative provisions:
 Art. 4.2, 5.2, Art. 5.2 sentence 2 and Art. 6.2 of the Ordinance on Public Utilities are annulled. The annulment will begin to take effect in three months after the publication of this Decision in the Official Gazette of the Republic of Slovenia. Art. 10 of the Ordinance on Public Utilities is not inconsistent with statute.
Abstract:
 According to the Public Utilities Act (hereinafter: ZGJS), a public holding company is not a type of the joining or association of companies in accordance with the Companies Act.

Thus, the provision of the urban municipality ordinance on the basis of which public corporations are joined in a public holding company, is not inconsistent with statute.

Concerning ZGJS provisions, a local community cannot transfer the exercise of founders' rights to public corporations to a public holding company, therefore such a provision of the municipal ordinance is unlawful.

Pursuant to the Local Self-government Act provisions and ZGJS, the body which decides on the selection of a concessionary for performing a public utility is, in the first instance, the municipal administration and, in the second instance, the mayor. Thus, the provision of the municipal ordinance following which the municipal council decides by a resolution on the selection of a concessionary and the municipal administration issues a decision on the basis of such resolution, is not in conformity with statute.

A provision of the urban municipality ordinance in accordance with which a public holding company performs professional- technical, organizational and developmental tasks for public utilities is not inconsistent with statute.
Password:
 Local community, public utilities.
Public utilities, public holding company, public corporation, the founders' rights.
Municipality, concession, procedure for the selection of concessionaires, the issuing of an administrative decision, the competence of a municipal administration.
Public holding company, a type of business activities.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
 Public Utilities Act (ZGJS), Arts. 6, 11, 12, 13, 26, 27, 33, 37
Local Self-government Act (ZLS), Art. 67
Public Administration Act (ZUpr), Art. 22
Constitutional Court Act (ZUstS), Arts. 21.1, 43, 45.3
Document in PDF:
Type of procedure:
 review of constitutionality and legality of regulations and other general acts
Type of act:
 municipal regulation
Applicant:
 Mayor of Ljubljana Urban Municipality and the Government of RS
Date of application:
 04.07.1996
Date of decision:
 16.09.1999
Type of decision adopted:
 decision
Outcome of proceedings:
 annulment or annulment ab initio
Document:
 AN01969