U-I-134/96

Reference no.:
U-I-134/96
Act:
Act on Proportion of Salaries in Public Institutes, State Bodies and Local Community Bodies (Official Gazette RS, No. 18/94) (ZRPJZ), Arts. 1, 2, 3, 17.1, 18 Government order No. 113-02/93-4/20-8, dated 15 December 1994
Operative provisions:
Art. 17.1 of the Act on Proportion of Salaries in Public Institutes, State Bodies and Local Community Bodies is annulled, insofar as relating to public institutes which perform business activities in conformity with statute. The petition for beginning proceedings for the review of the constitutionality of Arts. 1, 2, 3 and 18 of the Act mentioned in Point 1 is dismissed. The Government order has not come into force and must not have been applied since it has not been published in the Official Gazette of the Republic of Slovenia, insofar as encompassing subjects with regard to whom the Government does not exercise the power of employer or the founders' rights in conformity with an act of establishment.
Abstract:
There are no sound reasons for the Act on Proportion of Salaries in Public Institutes, State Bodies and Local Community Bodies to restrict a height of payment to an individual employee when the founder of the public institute agrees to increasing the fund for the payment of work efficiency.

There was no statutory basis for the adoption of the Government order, insofar as it encompasses subjects concerning whom the Government does not exercise powers of the employer, by which the Government in general determined the extent of funds for paying work efficiency paid to employees in public institutes and State bodies in 1995, since by this order what was not detailed was the proportion in conformity with the purpose of the statute that public institutes may increase the fund for paying work efficiency over the statutory limit. To the extent of encompassing subjects concerning whom the Government does not exercise the powers of employer, the order was a regulation and ought to have been published in order for it to come into force.
Password:
Salaries, of employees in a public institute, work efficiency. Regulation of statutory subject-matter by an executive regulation on the basis of statutory authority. Right to a salary is not a constitutional right. Free enterprise. Invalidity of an executive regulation which has not been published. Demonstrated standing as a procedural condition for beginning proceedings before the Constitutional Court on the basis of a petition. Concurring opinion of a Constitutional Court judge. Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 14.2, 74, 154 Basic Rights from Labor Relations Act (ZTPDR), Art. 49 Institutes Act (ZZ), Arts. 5, 18, 19, 20, 21, 22, 23 Pharmacies Act (ZLD), Art. 2 Constitutional Court Act (ZUstS), Arts. 24.1, 26, 43, 47, 48
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Žalske lekarne Public Institute, Žalec and others
Date of application:
08.05.1996
Date of decision:
23.09.1999
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN01970