U-I-189/99

Reference no.:
U-I-189/99
Objavljeno:
Official Gazette RS, No. 68/2000, Official Gazette RS, No. 86/2002 and OdlUS XI, 177 | 19.09.2002
ECLI:
ECLI:SI:USRS:2002:U.I.189.99
Act:
Tourism Development Act (Official Gazette RS, Nos. 57/98 and 21/02) (ZPT), Art. 53
Operative provisions:
The provision of Art 53 of the Tourism Development Act (Official Gazette RS, Nos. 57/98 and 21/02), as it refers to the persons who did not fulfil the conditions determined in Art 34.2 of the Act at the time of the enforcement of the Act, is inconsistent with the Constitution. The National Assembly must abolish the inconsistency cited in the previous paragraph within one year of the publication of this decision in the Official Gazette of the Republic of Slovenia. The time-limit in which organizers and tourist agents determined in Art. 53 of the Act must fulfil the conditions determined in Art. 34.2 of the Act, is extended to the harmonization of Art. 53 of the Act with the Constitution, however not more than one year of the day of the publication of this decision in the Official Gazette of the Republic of Slovenia.
Abstract:
In cases when the legislature changes the conditions for carrying out activities also for persons who already carry out such activities at the time of the amendment of a legal regulation, the legislature must consider the principle of trust in the law, which is part of the principles of a State governed by the rule of law determined in Art. 2 of the Constitution, and must adjust a transitional regime to this principle. The transitional provision of Art 53 of the Tourism Development Act is inconsistent with the mentioned principle, as the transitional time-limit of two years for the fulfilment of the required conditions determined in Art. 34.2 of the Act does not reasonably enable the affected persons to acquire in the determined time- limit newly required higher education, the knowledge of two foreign languages at the level of secondary school and, furthermore, in some cases, three years of working experience.
Password:
Tourism, development.
Principle of trust in the law.
Principles of a State governed by the rule of law.
Establishing the unconstitutionality of the challenged act, suspensive time-limit effect.
Time-limit to the legislature pursuant to Art. 48 of the Constitutional Court Act.
Determining the manner of the implementation of a decision of the Constitutional Court.
Partly dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Art. 2
Constitutional Court Act (ZUstS), art. 40.2, 48.1
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Lilijana Primc Petrovič, Pivka and others
Date of application:
20.08.1999
Date of decision:
19.09.2002
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is inconsistent with the Constitution/statute
Document:
AN02635