U-I-215/96

Reference no.:
U-I-215/96
Act:
Organization and Financing of Education and Training Act (Official Gazette RS, No. 12/96) (ZOFVI), Arts.53.3 and 5, 79, 81, 82, 108 and 155
Operative provisions:
Arts. 53.3 and 5, 79, 81, 82, 108 and 155 of the Organization and Financing of Education and Training Act are not inconsistent with the Constitution.
Abstract:
The statutory delineation of powers between the State and local communities in the area of primary-school education is not inconsistent with Arts. 9 and 140 of the Constitution.

What is more important than the managing function of a public primary school headmaster is their educational function: i.e. tasks and responsibility for professional work and the implementation (realization) of primary school educational programs. Thus, the participation of both the State and the municipality in nominating headmasters has justified grounds.

The division of powers or the decisive impact on their nomination corresponds to the role (obligations) of the State and the local community in ensuring public services and their financing.

Municipalities are the (co)owners of the property intended for the performance of public services which the State is obliged to ensure. Their powers in the area of primary-school education include the duty to take care for the property used for implementing primary-school educational programs. In the framework of its function of ensuring public goods or services on the local level (on its territory), the municipality is also the (co)founder of a public institute which performs the public service in the area of primary-school education. Also the system of financing is adjusted to such division of functions and powers in the area of primary-school education (Arts. 81 and 82 in conjunction with Art. 84 of the Organization and Financing of Education and Training Act). Whereas the State ensures the funds directly designated for implementing primary-school programs (lessons), the local community ensures the funds designated for the maintenance and investments in premises and equipment of primary schools and for those material and other expenses relating in particular to its inhabitants (pupils' transportation, additional and extra-standard activities).
Password:
Local self-government, the delineation of powers between local communities and the State. Education and training, organization and financing. Education and training, the nomination of primary school headmasters. Constitutional Court, lack of jurisdiction to review the mutual conformity of two statutes. Public services, property, the competence of the municipality. Municipalities, the competence for the taking care of property (public services). Legally undefined concept. Statute, a field of discretion of the legislature. Municipality, tasks, primary schooling. Municipality, original competencies (local public affairs). Nature of affairs (public, local affairs). Constitutional Court, the review of a general-act-adopting process. Constitutional Court, lack of jurisdiction to review the implementation of a statute.
Legal basis:
Constitution, Arts. 2, 9, 57, 140, 160 Institutes Act (ZZ), Arts. 3, 6, 22, 23 to 28 Local Government Act (ZLS), Arts. 13, 21, 94 Constitutional Court Act (ZUstS), Arts. 21, 40
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Municipal Council of Nova Gorica Urban Municipality
Date of application:
28.05.1996
Date of decision:
25.11.1999
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
Document:
AN01856