U-I-127/93

Reference no.:
U-I-127/93
ECLI:
ECLI:SI:USRS:1993:U.I.127.93
Act:
Resolution of the Government of the Republic of Slovenia no. 113-02/93-6/4-8, of 1/4-1993 on payment of bonuses for work under special conditions and other bonuses on Slovene railways
Operative provisions:
The procedure of assessing the constitutionality and legality of the impugned resolution is terminated.
Abstract:
The constitutional court is not competent to assess the constitutionality and legality of business acts.
Password:
Non-competence of the constitutional court to assess a business act.
Legal basis:
Constitutional Law for Implementing the Constitution RS, art. 7 Law for proceedings before the Constitutional Court SRS, line 1 of para. 2 of art. 25
Document in PDF:
The full text:
U-I-127/93-6
16.9.1993
 
RESOLUTION
 
At a meeting held on 16.9.1993, in a proceeding for assessing constitutionality and legality started on the proposal of the Union of workers in railway activities of Slovenia, the Constitutional Court
 
passed the following resolution
 
The procedure for assessing the constitutionality and legality of the resolution of the Government of the Republic of Slovenia no. 113-02/93-6/4-8 of 1 April 1993, on the payment of bonuses for work under special conditions and other bonuses on Slovene railways is terminated.
 
Reasoning
 
The Union of workers in railway activities of Slovenia started by proposal, proceedings for assessing the constitutionality and legality of the rsolution of the Government of the Republic of Slovenia no. 113-02/93-6/4-8 of 1 April 1993. The proposer claims that the Government of the Republic of Slovenia with the disputed resolution temporarily determined bonuses for special working conditions pending the concluding of a new collective contract, and mainly reduced them in comparison with the collective contract. It believes that the decree is illegal since the government may, according to article 9 of the law on ways of calculating and paying salaries by special decree, only determine the way of paying salaries in legal entities in which it is directly involved in restructuring and reorganisation, and according to article 20 of this law, the provisons of the first and third paragraphs of article 124 of the collective contract for activities in railway traffic(Off. Gaz. RS, no. 1/92), where only starting rates and not bonuses are mentioned. The Government of the Republic of Slovenia in answer to the proposal explains that the impugned resolution is based on the decree on founding public companies for the field of activities in railway traffic (off. Gaz. SRS, no. 43/89, and Off. Gaz. RS, no. 33/92), according to which the government is the founder of the public company, "Slovene Railways", and on resolutions of the National Assembly of the Republic of Slovenia of 25.2.1993 and of the Government of the Republic of Slovenia of 29.3.1993, according to which "Slovene Railways" are in a process of reorganisation. With the start of the reorganisation process the government can use mechanisms of ways of paying salaries by special measures, which it did in the concrete case. According to article 128 of the collective contract for activities of railway traffic, a salary is composed of basic pay, bonuses (for total working period, for period of employment in the company and other bonuses) and compensation. The government therefore believes that its resolution is in accordance with article 9 of the law on ways of calculating and paying salaries.
 
The constitutional court finds that the impugned resolution is not an executive order which the Government issued as an agency of executive authority. Although the impugned resolution relies on article 9 of the law on ways of calculating and paying salaries, the constitutional court found that the Governement of the Republic of Slovenia could have issued the impugned resolution as the founder of the public company "Slovene railways" and so in the role of employer, because of which the act counts as an act of management. According to the provisons of article 160 of the Constitution the constitutional court is not competent to judge the constitutionality and legality of such acts. If the rights of workers are violated by the impugned resolution in conflict with regulations, the workers may validate their rights before the court of associated labour.
 
The Constitutional Court adopted this resolution on the basis of article 7 of the Constitutional Law for Implementing the Constitution of the Republic of Slovenia and the use of line 1 of the second paragraph of article 25 of the law on proceedings before the Constitutional Court SR Slovenia (Official Gazette SRS, no. 39/74 and 28/76).
 
 
President
Dr. Peter Jambrek
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
other acts
Applicant:
Union of workers in railway activities of Slovenia
Date of application:
02.06.1993
Date of decision:
16.09.1993
Type of decision adopted:
ruling
Outcome of proceedings:
discontinuance
Document:
AN00241