U-I-103/11

Reference no.:
U-I-103/11
ECLI:
ECLI:SI:USRS:2011:U.I.103.11
Abstract:
Due to the fact that authentic interpretation in its substance does not interpret the legal norms contained in the second sentence of the second paragraph of Article 75 and in Article 63 with reference to the second sentence of the second paragraph of Article 75 of the Takeovers Act, but it has the nature of an act amending the above-mentioned provisions of the Takeovers Act, in its substance it entails an amendment of the Act. However, amendments of statutes cannot be the subject of an authentic interpretation, but amendments of statutes can be the subject of amendments which must be carried out in the legislative procedure. As the legislature amended the second sentence of the second paragraph of Article 75 and Article 63 with reference to the second sentence of the second paragraph of Article 75 of the Takeovers Act in the procedure for adopting an authentic interpretation of the statute, it violated Article 89 of the Constitution, which determines that the National Assembly adopts laws in a multiphase procedure unless otherwise provided by its rules of procedure. Consequently, the legislature violated the first paragraph of Article 91 of the Constitution, which determines that laws are promulgated by the President of the Republic, and the second paragraph of Article 91 of the Constitution, which regulates the right of the National Council to require the National Assembly to decide again on a law within seven days of the adoption of the law and prior to its promulgation.
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Date of application:
19.05.2011
Date of decision:
08.12.2011
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN03514