Up-984/06

Reference no.:
Up-984/06
Objavljeno:
Official Gazette RS, No. 51/2009 | 04.06.2009
ECLI:
ECLI:SI:USRS:2009:Up.984.06
Abstract:
The complainant's allegation that the court erroneously interpreted Article 22 of the Constitution is substantiated. Considering the text of Article 22 of the Constitution and considering the object that it protects, the Constitution Court cannot agree with the standpoint that the constitutional procedural guarantees determined in Article 22 of the Constitution must also be ensured in procedures before a supervisory board of a limited liability company in cases in which it decides on the dismissal of the company's director. Article 22 namely applies only for state or local authorities in cases in which they decide the rights or obligations of individuals or legal entities, and for authorities to which the public authority to carry out such authoritative deciding has been transferred. A supervisory board of a commercial company naturally does not fall into this category. However, in and of itself this does not entail that the complainant's human rights were violated. Such could have been violated if the court, due to an erroneous interpretation of Article 22 of the Constitution, adopted a position that entailed a violation of the complainant's human rights or fundamental freedoms. Such a violation has not been demonstrated. The court substantiated the plaintiff's right to a fair trial in the dismissal procedure primarily on the basis of statutory regulation and therefore the challenged judgment cannot be alleged to be manifestly erroneous.
 
Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
individual act
Date of application:
14.06.2006
Date of decision:
04.06.2009
Type of decision adopted:
decision
Outcome of proceedings:
dismissal
Document:
AN03227