U-I-383/98

Reference no.:
U-I-383/98
Objavljeno:
Official Gazette RS, No. 100/2000 and OdlUS IX, 210 | 21.09.2000
ECLI:
ECLI:SI:USRS:2000:U.I.383.98
Act:
Decree on the Establishment and Tasks of Commissions and Committees of the National Assembly (Official Gazette RS, Nos. 5/97 and 29/97), Art. 7.a.1.1
Operative provisions:
Art. 7a.1.1 of the Decree on the Establishment and Tasks of Commissions and Committees of the National Assembly (Official Gazette RS, Nos. 5/97 and 29/97) is annulled in the part which reads as follows: "and the criminalist service within the Ministry of the Interior". The annulment determined in Point 1 of the disposition will take effect after one year from the day of the publication of this decision in the Official Gazette of the Republic of Slovenia.
Abstract:
The competence of the parliamentary committee for the supervision of the work of the Ministry of the Interior is not determined by statute, but by an internal act of the National Assembly. Thus, the part of Art. 7.a of the Decree on the Establishment and Tasks of Commissions and Committees of the National Assembly, on the basis of which the Commission for the Supervision of the Work of Security and Intelligence Services from the Point of Legality especially takes care for the questions of the substantiality of methods and means which are in the performance of its tasks and within its competencies used by the criminalist service within the Ministry of the Interior, is inconsistent with the principle of the separation of powers (Art. 3.2 of the Constitution).

Since the challenged provision which is a composite part of an internal act of the National Assembly defines the powers of the National Assembly Commission for the Supervision of the Work of Security and Intelligence Services without having a basis for that in statute, and since it only loosely defines the object of supervision and does not determine the manner and procedure for the carrying out of such supervision, it is contrary to the principles of a state governed by the rule of law (Art. 2 of the Constitution).
Password:
Parliament - supervisory function.
Constitutional Court, demonstrated legal interest as a procedural condition for the commencement of proceedings before the Constitutional Court.
Principle of the separation of powers.
Principle of a state governed by the rule of law.
Constitutional Court, annulment of a regulation by a suspensive time limit.
Government, supervisory function of the parliament.
Concurring opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 2, 3, 110
Constitutional Court Act (ZUstS), Arts. 24, 43
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
other acts
Applicant:
Mirko Bandelj, Ljubljana and the Ministry of the Interior
Date of application:
28.10.1998
Date of decision:
21.09.2000
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02130