U-I-185/01

Reference no.:
U-I-185/01
Objavljeno:
OdlUS X, 152 | 13.09.2001
ECLI:
ECLI:SI:USRS:2001:U.I.185.01
Act:
Act on transformation of Duty-Free Shops on Border-Crossings with the Member States of the European Communities, which Act within the Framework of the European Union, into the Border Shops and on Special Measures of Supervision of these Shops (Official Gazette RS, No. 62/01) (ZPPCPEU)
Operative provisions:
The petition to review the constitutionality of the Act on transformation of Duty-Free Shops on Border-Crossings with the Member States of the European Communities, which Act within the Framework of the European Union, into the Border Shops and on Special Measures of Supervision of these Shops (Official Gazette RS, No. 62/01), is dismissed.
Abstract:
The Constitutional Court may in the review of the proceedings in which the challenged regulation was adopted review the constitutionality of the legislative procedure in a broader sense (the constitutionality of the procedure to adopt a statute in the National Assembly and the promulgation and publication of a statute) as well as the legality of acts and deeds of the president of the National Assembly and other state authorities, local community authorities as well as other bearers of public authority, which participate in the procedure to call a referendum, if these acts and deeds interfere with the constitutional rights of an individual and if the petitioner is not provided with other effective legal protection.

The Constitutional Court dismissed the petition as manifestly unfounded as the alleged violations and deeds of administrative bodies do not represent the violations in the procedure of collecting signatures or in the procedure of signing the forms of support before the competent authority. Even if they existed, they could not have influenced, according to the statements in the petition, the collecting of signatures in such an extent that they would represent an interference with the constitutional right of participation in the management of public affairs, or that they would prevent the exercise of the constitutional right to decision-making on the adopted statute at the subsequent referendum.
Password:
Demonstrated legal interest of the petitioner as a procedural condition for the commencement of the proceedings before the Constitutional Court on the basis of a petition.
Constitutional rights, participation in the management of public affairs.
Subsequent referendum.
Act of the president of the National Assembly.
Acts and deeds that interfere with constitutional rights of an individual.
Proceeding of state authorities.
Concurring opinion of a Constitutional Court judge.
Legal basis:
Constitution, Art. 44, 90
Referendum and Public Initiative Act (ZRLI), Art. 13
Constitutional Court Act (ZUstS), Art. 26.2
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
New Party, Ljubljana
Date of application:
10.09.2001
Date of decision:
13.09.2001
Type of decision adopted:
ruling
Outcome of proceedings:
dismissal
Document:
AN02413