U-I-125/00

Reference no.:
U-I-125/00
Objavljeno:
Official Gazette RS, No. 68/00 and OdlUS IX, 196 | 13.07.2000
ECLI:
ECLI:SI:USRS:2000:U.I.125.00
Act:
Order on the Introduction of a Local Self-imposed Contribution in the Territory of Bokrači Local Community (Official Gazette RS, No. 2/99), Art. 5
Operative provisions:
In Art. 5 of the Order on the Introduction of a Local Self- imposed Contribution in the Territory of Bokrači Local Community (Official Gazette RS, No. 2/99) the following text is annulled: - the "owners of real estate (buildings, lands) who do not permanently reside in Bokrači LC", - Subparas. 6, 7 and 8 under Point a) and - in Subpara. 2 under Point b) the text: "for the graves of relatives who do not permanently reside in the territory of Bokrači LC 2,500 SIT per year."
Abstract:
The Constitutional Court annulled the challenged order in the part on the basis of which also the persons who had not have the opportunity to cast their vote at the referendum are obliged to pay a self-imposed contribution. One of the basic characteristics of a referendum is that voters themselves decide by casting their vote on the questions which directly affect them. If the person to which the decision adopted at a referendum refers did not have the opportunity to declare their statement or cast their vote, this is a violation of the right to vote. The right to cast one's vote at a referendum is protected by Art. 44 of the Constitution which confers on every citizen the right in conformity with statute to directly or by means of elected representatives participate in the management of public affairs.
Password:
Self-imposed contribution, referendum on a self-imposed contribution.
Self-imposed contribution, right to cast a vote.
Participation in the management of public affairs.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Art. 44
Self-imposed Contribution Act (ZSam), Art. 9
Referendum and People's Initiative Act (ZRLI), Art. 35 Constitutional Court Act (ZUstS), Arts. 24, 26, 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:
Štefan Žgajnar, Rakičani and others
Date of application:
28.04.2000
Date of decision:
13.07.2000
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02124