U-I-93/00

Reference no.:
U-I-93/00
Objavljeno:
Official Gazette RS, 94/2002 and OdlUS XI, 220 | 24.10.2002
ECLI:
ECLI:SI:USRS:2002:U.I.93.00
Act:
Tourism Development Act (Official Gazette RS, Nos. 57/98 and 21/02) (ZPT), Arts. 3.7, 3.4, 3.8, 11.1, 12, 20, 46 Ordinance Establishing Maribor Public Commercial Institution for Tourism (Intermunicipal Official Gazette, No. 5/2000), Arts. 2.1, 8, 12, 10.1, 10.2, 10.3, 10.4, 11, 13

Ordinance Establishing Ljutomer Public Commercial Institution for Tourism (Official Gazette RS, Nos. 88/99, 26/2000 and 1/01), Arts. 8, 9

Ordinance Determining Tourist Membership Fee for Prlekija Ljutomer Local Tourist Organization (Official Gazette RS, Nos. 109/99, 30/2000 and 1/01)

Ordinance Determining Activities Directly Connected to Tourism and Their Classification into Groups (Official Gazette RS, Nos. 65/98 and 28/99)

Ordinance Determining Activities Directly Connected to Tourism and Their Classification into Groups (Official Gazette RS, No. 22/02)
Operative provisions:
The provisions of Arts. 3.3, 3.4 and 3.8, Art. 11.1, Arts. 12 to 20 and Art. 46 of the Tourism Development Act (Official Gazette RS, Nos. 57/98 and 21/02), are annulled. The petition for the commencement of the proceedings to review the constitutionality of Art. 3.7 of the Tourism Development Act, is dismissed. The petition for the commencement of the proceedings to review the constitutionality and legality of Arts. 2.1, 8, 12 and Arts. 13.1, 13.2, 13.3 and 13.4 of the Ordinance Establishing Maribor Public Commercial Institution for Tourism (Intermunicipal Official Gazette, No. 5/2000), is rejected. The provisions of Arts. 10 and 11 of the Ordinance Establishing Maribor Public Commercial Institution for Tourism, are annulled. The petition for the commencement of the proceedings to review the constitutionality and legality of the Ordinance Establishing Ljutomer Public Commercial Institution for Tourism (Official Gazette RS, Nos. 88/99, 26/2000 and 1/01), is rejected, except in the part which refers to the provisions of Arts. 8 and 9 of the Ordinance. The provisions of Arts. 8 and 9 of the Ordinance Establishing Ljutomer Public Commercial Institution for Tourism, are annulled. The Ordinance Determining Tourist Membership Fee for Prlekija Ljutomer Local Tourist Organization (Official Gazette RS, Nos. 109/99, 30/2000, 1/01) is annulled. The Ordinance Determining Activities Directly Connected to Tourism and Their Classification into Groups (Official Gazette RS, Nos. 65/98 and 28/99) was inconsistent with the Constitution. This finding has an effect of the annulment. The Ordinance Determining Activities Directly Connected to Tourism and Their Classification into Groups (Official Gazette RS, 22/02), is annulled. The petition for the commencement of the proceedings to review the constitutionality of Art. 3.2 of the Tourism Development Act, is rejected.
Abstract:
Determining compulsory membership in a local tourist organization, as foreseen in the provision of Art. 3.4 of the Tourism Development Act, means an inadmissible interference with the human rights determined in Art 42.2 of the Constitution.

Therefore, it had to be annulled. Furthermore, all the provisions of the Act which are directly connected to the above cited statutory provision had to be annulled (provisions of Arts. 3.3, 3.8, Art. 11.1, Arts. 12 to 20 and Art. 46). The provisions of the challenged executive regulations, which are based on the annulled provisions of the Act, had to be annulled for the same reasons.

The Constitutional Court is not competent to review executive regulations which are individual acts.

The Constitutional Court is not competent to review the mutual consistency of statutes except in cases where the inconsistency would mean a violation of the principles of a State governed by the rule of law.

As regards a regulation which ceased to apply, the Constitutional Court may establish that it was not consistent with the Constitution if the consequences were not abolished. Regarding executive regulations the Court may decide that such finding has the effect of abolition or annulment.

The detrimental consequences of the challenged acts considering their annulment may be remedied within the framework of administrative and judicial proceedings.
Password:
Tourism, development.
Lack of jurisdiction of the Constitutional Court to review individual acts.
Lack of jurisdiction of the Constitutional Court to review the mutual consistency of statutes.
Principles of a State governed by the rule of law.
Right of assembly and association.
State administration, public authority.
Exercise and limitation of rights.
Local community, prescribing taxes.
Review of the regulations which ceased to apply.
Dissenting opinion of a Constitutional Court Judge.
Legal basis:
Constitution (URS), Arts. 42, 160
Constitutional Court Act (ZUstS), Arts. 25, 26, 30, 43, 45
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Vera Slavič, Independent Entreprenour, Florist's Shop Križevci pri Ljutumeru and others
Date of application:
30.03.2000
Date of decision:
24.10.2002
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02645