U-I-276/96

Reference no.:
 U-I-276/96
Objavljeno:
 Official Gazette RS, No. 24/2000 and OdlUS IX, 21 | 10.02.2000
ECLI:
 ECLI:SI:USRS:2000:U.I.276.96
Act:
 Referendum and Popular Initiative Act (Official Gazette RS, Nos. 15/94 and 38/96) (ZRLI), Art. 12. a
Operative provisions:
 Art. 12.a of the Referendum and Popular Initiative Act is not inconsistent with the Constitution.
Abstract:
 Art. 3.2 of the Constitution prescribes that in Slovenia supreme power is held by the People and that citizens exercise this power directly and (indirectly) through elections. The principle of People's sovereignty signifies that the People may also express their legislative will directly, not only, indirectly, through their elected representatives. The right to direct legislative regulation is exercised by the statutory referendum. Art. 90 of the Constitution contains basic provisions on the statutory referendum. The statutory referendum is allowed to be held on questions which are regulated by statute (Art. 90.1 of the Constitution).

The challenged Art. 12.a of the Referendum and Popular Initiative Act, which excludes the statutory referendum on questions relating to National Assembly elections to be held within one year prior to regular elections, entails the limitation imposed on the right to referendum decision making determined in Art. 90 of the Constitution and the right to participation in the management of public affairs determined in Art. 44 of the Constitution, which citizens exercise directly through their vote cast at a referendum.

The right to referendum decision making provided by Art. 90 of the Constitution and the right to participation in the management of public affairs determined in Art. 44 of the Constitution are the rights for which the Constitution does not determine statutory proviso. This means that they may be restricted only when necessary for the protection of the rights of others (Art. 15.3 of the Constitution). On the basis of Art. 15.3 of the Constitution, constitutional rights may only be restricted if in conformity with the so-called principle of proportionality, which means that three conditions must be fulfilled for such restrictions or interferences to be allowed: necessity, appropriateness and proportionality in the narrower sense.

Since the challenged provision restricts the constitutional rights determined in Arts. 44 and 90 of the Constitution in a constitutionally permissible manner (Art. 15.3 of the Constitution) and in conformity with the principle of proportionality, the Constitutional Court did not find it in violation of the Constitution.
Password:
 Elections, electoral system (referendum on the electoral legislation).
Referendum (on the electoral legislation).
Principle of the sovereignty of people's power (principle of people's sovereignty).
Right to direct legislative regulation.
Referendum, statutory, preliminary.
Right to decision making by referendum.
Right to participation in the management of public affairs.
Constitutional rights, manner of realization.
Principle of proportionality.
National Assembly, legislative power.
Right to vote, protection.
Dissenting opinion of a Constitutional Court judge.
Concurring opinion of a Constitutional Court judge.
Legal basis:
 Constitution, Arts. 3, 15.3, 43, 44, 81, 90 and 111
National Assembly Elections Act (ZVZD), Art. 15
Constitutional Court Act (ZUstS), Art. 21
Document in PDF:
Type of procedure:
 review of constitutionality and legality of regulations and other general acts
Type of act:
 statute
Applicant:
 Signatories to the initiative for collecting signatures to the request for the calling of a referendum on the electoral system
Date of application:
 23.07.1996
Date of decision:
 10.02.2000
Type of decision adopted:
 decision
Outcome of proceedings:
 establishment – it is not inconsistent with the Constitution/statute
Document:
 AN01986