Up-229/96

Reference no.:
 Up-229/96
Objavljeno:
 OdlUS IX, 127 | 20.01.2000
ECLI:
 ECLI:SI:USRS:2000:Up.229.96
Act:
 Constitutional complaint of A. A. against Supreme Court Judgement No. VIII Ips 190/95 dated 28 May 1996 in conjunction with Higher Labor and Social Court Decision No. Pdp 1101/94 dated 1 June 1995 in conjunction with Associated Labor Court Celje Decision No. S 1178/93 dated 14 March 1994
Operative provisions:
 The constitutional complaint of A. A. against the Supreme Court Judgement in conjunction with the Higher Labor and Social Court Ljubljana Decision in conjunction with the Associated Labor Court Celje Decision is dismissed.
Abstract:
 The performing of the office of an inferior court judge prior to the election to the office of a Supreme Court judge cannot by itself (following the character of affairs) be considered a reason to cast doubt on their impartiality.

If, due to special circumstances, statute does not determine otherwise a labor relation may be terminated also with regard to a disabled worker. It was not obliged to regulate a special protection of disabled workers in the Employment of Foreigners Act, since such persons also fall under the general regulation of the Fundamental Rights from Labor Relations Act and the Labor Relations Act.
Password:
 Court, judges, impartiality.
Labor relations, disabled workers.
Employment of foreigners.
Foreigners, employment.
Right to a fair trial.
Equal protection of rights.
Principle of equality before the law.
Right to judicial protection.
Legal basis:
 Constitution, Arts. 14, 22, 23
Convention on the Protection of Human Rights and Fundamental Freedoms (EKČP), Art. 6
Foreigners Act (ZTuj), Art. 16
Employment of Foreigners Act (ZZT), Art. 16
Fundamental Rights from Labor Relations Act (ZTPZD), Art. 48 Labor Relations Act (ZDR), Art. 36.d
Constitutional Court Act (ZUstS), Art. 59.1
Document in PDF:
Type of procedure:
 constitutional complaint
Type of act:
 other acts
Date of application:
 05.08.1996
Date of decision:
 20.01.2000
Type of decision adopted:
 decision
Outcome of proceedings:
 dismissal
Document:
 AN02098