Reference no.: |
U-I-312/97 |
Objavljeno: |
Official Gazette RS, No. 13/2002 and OdlUS XI, 1 | 10.01.2002 |
ECLI: |
ECLI:SI:USRS:2002:U.I.312.97 |
Act: |
Act on 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 (Official Gazette RS, No. 40/97) (ZLPPOD), Art. 22 |
Operative provisions: |
The provision of Art. 22 of the Act on 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 (Official Gazette RS, No. 40/97), is abrogated. The abrogation comes into effect on 1 January 2003. |
Abstract: |
One of the principles of a State governed by the rule of law, pursuant to Art. 2 of the Constitution, also requires that norms are defined clearly and definite so that they can be applied without arbitrary conduct of executive power, and that they define unambiguously and definite enough the legal position of individuals to which they refer (the principle of definiteness). Concerning the regulation that applies to public duties, and moreover addresses the issue of the relations between the State and a municipality in the field of financing, the requirement for clear and definite norms is particularly important. Furthermore, the provision of Art. 142 of the Constitution on municipal revenue requires a clear legal position of a municipality regarding its revenue in relation to the State. As in the challenged provision a part of gambling concessionary duty which belongs to municipalities as their revenue is not defined enough and accordingly allows the legally not defined enough and for municipalities not predictable enough influence of state executive power on the amount of this share, and thus a clear legal position of the municipalities-petitioners in relation to the State as regards the issue of their financing is not assured. Therefore, the challenged provision of Art. 22 of the Act on 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, is inconsistent with Arts. 2 and 142 of the Constitution. The Constitutional Court decided to abrogate the challenged provisions with a suspensive time-limit (Art. 43 of the Constitutional Court Act), due to the demanding issues of public financing which also require an adequate planning and harmonization of revenue on the one hand and expenses on the other. Furthermore, the State must assure with adequate internal harmonization of a public financing system the implementation of all public functions and activities which are financed from the public means. |
Password: |
Gambling, casinos. Concessions, concessionary duty for organizers of gambling. Tourism, promotion. Municipality (town), municipal revenue. Public institution, Stud Farm of Lipica. Taxes, fees, contributions, constitutional basis for regulation. Taxes, fees, contributions, public duty, definition. Constitutional Court, jurisdiction, procedure, lack of jurisdiction to review the mutual consistency of statues. Constitutional principle, State governed by the rule of law (the principle of definiteness). Interpretation of a statute, lex generalis/lex specialis. Interpretation of a statute, lex prior/lex posterior. Constitutional principle, separation of powers. Municipality (town), financing municipalities, regulation by a statute/by executive power. Constitutional Court, jurisdiction, procedure, annulment of a regulation with suspensive time limit. Dissenting opinion of a Constitutional Court judge. Concurring opinion of a Constitutional Court judge. |
Legal basis: |
Constitution, Arts. 2, 3, 142, 147 Gambling Act (ZIS), Arts. 47, 48, 74 Constitutional Court Act (ZUstS), Art. 43 |
Document in PDF: |
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Type of procedure: |
review of constitutionality and legality of regulations and other general acts |
Type of act: |
statute |
Applicant: |
Municipal Council of Sežana Municipality, Municipal Council of Divača Municipality and Municipal Council of Hrpelje-Kozina Municipality |
Date of application: |
01.12.1997 |
Date of decision: |
10.01.2002 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment with a suspensive time limit |
Document: |
AN02509 |
