U-I-232/97

Reference no.:
U-I-232/97
Objavljeno:
OdlUS X, 155 | 13.09.2001
ECLI:
ECLI:SI:USRS:2001:U.I.232.97
Act:
Transformation of Property of Legal Entities with Social Capital which Organize Special Gambling and the Structure of the Capital of Legal Entities which carry out the Activity of Organizing Special Gambling Act (Official Gazette RS, No. 40/97) (ZLPPOD), Art. 13
Operative provisions:
The petitions for the commencement of the proceedings to review the constitutionality of Art. 13 of the Transformation of Property of Legal Entities with Social Capital which Organize Special Gambling and the Structure of Capital of Legal Entities which carry out the Activity of Organizing Special Gambling Act (Official Gazette RS, No. 40/97), are rejected.
Abstract:
According to the case law of the Constitutional Court, a Union demonstrates a legal interest to lodge a petition, although the challenged regulation does not directly affect its rights, legal interests or a legal position, provided it could influence the rights, legal interests or a legal position of the workers whose interests are represented by the Union. The challenged provision refers to the rights or the legal position of the workers, whose interests are represented by the Unions as the petitioners, therefore, the Unions could be recognized the legal interest upon the fulfillment of other procedural conditions.

A legal interest of a petitioner, determined as a procedural condition in Art. 24 of the Constitutional Court Act (ZUstS), must exist all the time of the proceedings as well as at the time of a decision-making of the Constitutional Court. A legal interest (a need for legal protection) exists, if a possible Constitutional Court decision on the merits, with which it established that the challenged provision was inconsistent with the Constitution, influences a legal position of a petitioner. As in cases in which the Constitutional Court established the unconstitutionality of a challenged provision, pursuant to Arts. 43 and 44 of ZUstS, it could only overturn such a statutory provision with ex nunc effect, the application and the effect of the challenged provision would therefore only be barred in the proceedings of a transformation of property that were not final at the time of the overturning. The carried out proceedings of a transformation of property which entry into a register of companies has already become final, could no longer be affected by the possible overturning of the challenged provision and the existent legal position could no longer be changed.
Password:
Constitutional principle:
Equality before the law.
Property:
Transformation of property of casinos.
Gambling:
Transformation of property of casinos.
Constitutional Court, jurisdiction, proceedings:
Union as an investor.
Legal interest (procedural condition for constitutional procedure).
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Art. 14
Constitutional Court Act (ZUstS), Arts. 23, 24, 25, 43, 44, 47
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Union of Casino Workers of Slovenia, Nova Gorica
Date of application:
18.09.1997
Date of decision:
13.09.2001
Type of decision adopted:
ruling
Outcome of proceedings:
rejection
Document:
AN02416