U-I-322/98

Reference no.:
 U-I-322/98
Objavljeno:
 Official Gazette RS, No. 28/01 and OdlUS X, 44 | 15.03.2001
ECLI:
 ECLI:SI:USRS:2001:U.I.322.98
Act:
 Act on the Procedure for the Establishment of Municipalities and the Determination of Their Territories (Official Gazette RS, No. 44/96) (ZPUODO), Arts. 2, 3, 13, 14
Operative provisions:
 Arts. 13 and 14 of the Act on the Procedure for the Establishment of Municipalities and the Determination of Their Territories (Official Gazette RS, No. 44/96) are inconsistent with the Constitution insofar as they do not determine judicial protection within preliminary proceedings for the establishment of municipalities. Arts. 2 and 3 of the Act on the Procedure for the Establishment of Municipalities and the Determination of Their Territories are not inconsistent with the Constitution. The National Assembly must remedy the unconstitutionality established in Indent 1 of this disposition within a time limit of one year from the publication of this decision in the Official Gazette of the Republic of Slovenia. The proceedings for the examination of the petitions of Podlehnik and Trnovska vas Local Communities for the commencement of the proceedings for the review of the constitutionality of Arts. 3 and 13 of the Act cited in Indent 1 of this disposition, are dismissed.
Abstract:
 The Act on the Procedure for the Establishment of Municipalities and the Determination of Their Territories is inconsistent with the Constitution since it does not determine effective judicial protection in the framework of preliminary proceedings for the establishment of municipalities.
Password:
 Municipalities, establishment of municipalities.
Right to local self-government.
Municipalities, establishment of municipalities, preliminary procedure, judicial protection.
Constitutional Court, determination of a time limit for the legislature to adjust its norms with the Constitution (Art. 48 of the Constitutional Court Act).
Constitutional Court, dismissal or proceedings due to the withdrawal of the petition.
Constitutional Court, lack of jurisdiction to review the appropriateness of normative regulation.
Principles of a State governed by the rule of law.
Exercise and limitation of rights.
Principle of democracy.
Regulations, gap in the law.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
 Constitution, Arts. 2, 15, 139
Constitutional Court Act (ZUstS), Arts. 6, 21, 28.3, 48
Document in PDF:
Type of procedure:
 review of constitutionality and legality of regulations and other general acts
Type of act:
 statute
Applicant:
 Leskovec Local Community
Date of application:
 05.05.1998
Date of decision:
 15.03.2001
Type of decision adopted:
 decision
Outcome of proceedings:
 establishment – it is inconsistent with the Constitution/statute
Document:
 AN02291