U-I-111/97

Reference no.:
U-I-111/97
Objavljeno:
OdlUS IX, 100 | 13.04.2000
ECLI:
ECLI:SI:USRS:2000:U.I.111.97
Act:
Arms Act (Official Gazette SRS, No. 17/81 - p.p. and Official Gazette RS, No. 44/90) (ZOro), Art. 20. 1 and 2
Operative provisions:
The petition filed for commencing proceedings for the review of the constitutionality of Art. 20.1 of the Arms Act is dismissed. The petition filed for commencing proceedings for the review of the constitutionality of Art. 20.2 of the Arms Act is rejected.
Abstract:
Uniform case-law and its consistency with the interpretation by the Government substantiate the conclusion that the intention and the limits of the authorization for deciding upon discretion determined in Art. 20.1 of the Arms Act, following which the competent body may refuse to grant a permit for buying or possessing arms or ammunition if they establish that there are no justified reasons for that, are defined precise enough.

Thus, the argument on the inconsistency of the mentioned provision with the principles of a State governed by the rule of law (Art. 2 of the Constitution) is unsubstantiated.
Password:
Statute, interpretation of statute.
Demonstrated standing as a procedural requirement for commencing proceedings before the Constitutional Court on the basis of a petition.
Regulations, decision making upon discretion.
Principles of a State governed by the rule of law.
Administrative procedure - decision making upon discretion.
Statute, definiteness of a statutory provision (indefinite legal concept).
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 2, 120.3
Constitutional Court Act (ZUstS), Arts. 24, 25, 26.2
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Igor Bohorič, Senovo
Date of application:
23.04.1997
Date of decision:
13.04.2000
Type of decision adopted:
ruling
Outcome of proceedings:
dismissal
Document:
AN02083