U-I-28/01

Reference no.:
U-I-28/01
Objavljeno:
Official Gazette RS, No. 62/01 and OdlUS X, 137 | 28.06.2001
ECLI:
ECLI:SI:USRS:2001:U.I.28.01
Act:
Order to Introduce Local Assessment of Local Community Pertoča upon the Programs of Individual Villages - for Residential Areas Pertoča and Ropoča (Official Gazette RS, No. 108/00)
Operative provisions:
The Order to Introduce Local Assessment of Local Community Pertoča upon the Programs of Individual Villages - for Residential Areas Pertoča and Ropoča (Official Gazette RS, No. 108/00) is not a regulation and may not be applied.
Abstract:
Pursuant to Art. 46.2 of Local Government Act (ZLS) a municipal council calls a referendum. With the introduction of local self- government and the establishment of the new municipalities, the newly established local communities were no longer independent local communities, and their role and position were significantly limited. Established narrower parts of a municipality do not have in advance determined competences, except for those granted to them by the municipality by the statute. Pursuant to Art. 19b of ZLS, the tasks which may be transferred are merely determined as examples, and it is explicitly emphasized that it is a delegation for implementation to the narrower parts of a municipality. On the basis of the stated provision, the legislative function cannot be transferred onto the narrower parts of the municipality, i.e. the function of reaching basic decisions in the form of municipal regulations (Art. 65 of ZLS).

Since the Municipal Council Pertoča was not competent to call a referendum and to issue an order to introduce local assessment, the Constitutional Court established that the challenged order does not exist as a regulation, and therefore may not be applied.
Password:
Constitutional Court, establishing that a challenged act is not a regulation and may not be applied.
Local assessment, referendum, the lack of jurisdiction of the council of local community to call a referendum.
Local self-government, local assessment.
Locality, local assessment.
Local assessment, referendum.
Municipality (town), legislative activity of the State.
State, terms of legislative regulation.
Municipal regulations, publication and coming into force.
Concurring opinion of the Constitutional Court judge.
Legal basis:
Local Assessment Act (ZSam), Art. 3
Local Government Act (ZLS), Arts. 19b, 46, 46a, 47b
Constitutional Court Act (ZUstS), Arts. 40.1, 46
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
act of a local community
Applicant:
Jožef Mencigar, Rogašovci
Date of application:
30.01.2001
Date of decision:
28.06.2001
Type of decision adopted:
decision
Outcome of proceedings:
establishment of invalidity of a regulation
Document:
AN02467