U-I-10/00

Reference no.:
U-I-10/00
Objavljeno:
Official Gazette RS, No. 44/2000,Official Gazette RS, No. 32/2002 and OdlUS XI, 38 | 14.03.2002
ECLI:
ECLI:SI:USRS:2002:U.I.10.00
Act:
Price Control Act (Official Gazette RS, No. 63/99) (ZKC), Arts.

8.1.1, 8.1.2, 13.9

Decree on Obtaining a Prior Consent to Prices for the Collection, Cleaning and Distribution of Water (Official Gazette RS, No. 82/99)

Decree on Setting the Mechanisms to Form Prices for Public Utility Services (Official Gazette RS, No. 11/2000)

Decree on Setting the Mechanisms to Form Prices for Public Utility Services (Official Gazette RS, No. 29/2000)
Operative provisions:
Arts. 8.1.1, 8.1.2 and 13.9 of the Price Control Act (Official Gazette RS, No. 63/99), are not inconsistent with the Constitution. The request to review the constitutionality and legality of the Decree on Obtaining a Prior Consent to Prices for the Collection, Cleaning and Distribution of Water (Official Gazette RS, No. 82/99), the Decree on Setting the Mechanisms to Form Prices for Public Utility Services (Official Gazette RS, No. 11/2000), and the Decree on Setting the Mechanisms to Form Prices for Public Utility Services (Official Gazette RS, No. 29/2000), is rejected.
Abstract:
The purpose of price control determined in the reasons to define particular measures (achieving commercial policy goals determined by the acts of the National Assembly, the prevention of disturbances on the market and the prevention of monopolistic behavior) concerns the entire State, all its citizens, and is justified in the common (State) interest and not merely in the interest of an individual local community. Therefore, the challenged reasons determined in Art. 8.1.1 and 8.1.2, on the basis of which the Government may determine the adequate measure of price control also regarding the prices of public services within the jurisdiction of a local community, did not interfere with the right to local self-government and thereby violate Art. 140.1 of the Constitution.

The provision of Art. 13.9 means that in order to protect consumers the competent authority of a local community may determine the adequate measure of price control regarding the prices of public services within the jurisdiction of a local community, if it established that the reasons determined in Art. 13.9 of the Prices Control Act (hereinafter ZKC) are provided.

Thus, the challenged provision of Art. 13.9 of ZKC is not inconsistent with the principles of a State governed by the rule of law determined in Art. 2 of the Constitution.

As the challenged Decrees ceased to apply during the proceedings and the conditions determined in Art. 47 of the Constitutional Court Act for their review were not fulfilled, the Constitutional Court rejected the request in this part.
Password:
Constitutional Court, temporary injunction, decree.
Prices, control of prices.
Control of prices, State"s jurisdiction.
Principles of a State governed by the rule of law.
Local communities, public utilities.
Public utilities, local communities.
Free economic initiative.
Public benefit.
Local community, original jurisdiction.
Right to local self-government.
Interpretation of a statute.
Review of regulations which ceased to apply during proceedings (Art. 47 of the Constitutional Court Act).
Concurring opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 2, 140
Constitutional Court Act (ZUstS), Arts. 21, 25
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Town Council of Ljubljana urban municipality
Date of application:
18.01.2000
Date of decision:
14.03.2002
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
Document:
AN02517