U-I-94/97

Reference no.:
U-I-94/97
Objavljeno:
OdlUS X, 216 | 13.12.2001
ECLI:
ECLI:SI:USRS:2001:U.I.94.97
Act:
Order on Cross-Border Payment (Official Gazette RS, No. 6/97)

Order on the Method and Conditions by which the Non-residents Buy Securities in the Republic of Slovenia (Official Gazette RS, Nos. 50/99, 37/00, 122/00, 4/01, and 44/01)

Instruction Amending the Order on Cross-Border Payment (Official Gazette RS, No. 6/97) Arts. 101.c, 101.d, 101.e, 101.f, 101.g, and 101.h
Operative provisions:
The petitions of companies Publicum and Catalia for the commencement of the proceedings to review the constitutionality and legality of the Order on Cross-Border Payment (Official Gazette RS, No. 6/97), and to review the constitutionality and legality of the Order on the Method and Conditions by which the Non-residents Buy Securities in the Republic of Slovenia (Official Gazette RS, Nos. 50/99, 37/00, 122/00, 4/01, and 44/01), are rejected. The petitions of the above - stated petitioners for the commencement of the proceedings to review the constitutionality and legality of Arts. 101.c, 101.d, 101.e, 101.f, 101.g, and 101.h of the Instruction Amending the Order on Cross-Border Payment (Official Gazette RS, No. 6/97), and for the commencement of the proceedings to review the constitutionality and legality of Arts. 37, 38, 39, and 40 of the Order on Method and Conditions by Which the Non-residents Buy Securities in the Republic of Slovenia (Official Gazette RS, Nos. 50/99), are rejected.
Abstract:
The challenged regulation does not regulate legal relations between a stock exchange broker and an alien. It has only an indirect impact on these relations, and insofar as the stock exchange broker must obey these regulations when entering into transactions for an alien. Therefore, the stock exchange broker does not have a legal interest for challenging thereof.

The Europe Association Agreement (EPS), to which the second petitioner refers to does not relate to it, as it is not a resident of Slovenia neither a resident of the Community.

Therefore, it does not have a legal interest to challenge the regulation, which is alleged to be inconsistent with EPS.
Password:
Temporary injunction, order, dismissal.
Demonstrated legal interest of a petitioner as a procedural condition for the commencement of proceedings.
Bank of Slovenia, measures of the Bank of Slovenia.
Bank, custody account.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitutional Court Act (ZUstS), Arts. 25, 47
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
executive regulation
Applicant:
Companies Publicum Stockbrokers, Inc., Ljubljana and Catalina, S.A., New York, ZDA
Date of application:
14.04.1997
Date of decision:
13.12.2001
Type of decision adopted:
ruling
Outcome of proceedings:
rejection
Document:
AN02461