U-I-47/91

Opravilna št.:
U-I-47/91
Objavljeno:
Neobjavljeno | 12.12.1991
ECLI:
ECLI:SI:USRS:1991:U.I.47.91
Akt:
The Decree by the Municipal Assembly of Celje on the municipal budget for the year 1991 (Official Gazette of the Republic of Slovenia, no. 16/91)
Izrek:
The initiative for assessment of constitutionality and legality of the impugned Decree is not accepted.
Evidenčni stavek:
The Decree on the municipal budget where the payment of annuity for the hired housing credit falling due in the respective year of the budget, approved within the scope of budgetary funds and designed for housing and public utility purpose, is not contrary to the Law.


Geslo:
Payment of the annuity of the hired credit falling due in the current year as income of the municipal budget. Financial & technical deficiency in the municipal decree considered as breach of the law.
Opomba:
CONSTITUTIONAL COURT OF

THE REPUBLIC OF SLOVENIA

No.: U-I-47/91-5

Date: 12/12-1991

R E S O L U T I O N

At the meeting held on 12 December 1991 the Constitutional Court of the Republic of Slovenia discussed the initiative by Mr. Peter Kavalar form Celje and

p a s s e d t h e f o l l o w i n g r e s o l u t i o n :

The Constitutional Court will not take the initiative and will not start the procedure for assessment of constitutionality and legality of the Decree passed by the Municipal Assembly of Celje on the budget of the Municipality of Celje for the year 1991 (Official Gazette of the Republic of Slovenia, no. 16/91).

R E A S O N S :

The initiator displayed the initiative for assessment of constitutionality and legality of the regulation passed by the Municipal Assembly of Celje and indicated in the wording of this resolution. In the initiator's opinion the opposite party, passing the impugned Decree, did not proceed in a lawful way because in the budget for 1991 it classified among expenses even the payment of the annuity of the hired credit amounting to 30,060,000 Dinars and falling due in the respective year. He believes that the hired credit will be paid to the debit of housing and public utility funds, which is not clearly evident from the contents of the provisions of the above Decree nor from the table of revenues and of allocation of revenues by the main objectives of the budget of the Municipality of Celje for 1991. Thereby the payment of the above credit will concern all taxpayers. As stated by the initiator, the apartments purchased from the EMO company and paid with the above credit are still occupied by the same tenants as before the purchase, although according to the criteria in force the latter are not entitled to dwell in apartments purchased with solidarity funds.

In the procedure for testing the initiative the Constitutional Court labeled the initiative as non-justified.

In compliance with Article 172 of the Constitution the Municipal Assembly approves the budget within the scope of the rights and obligations of the socio-political community. In compliance with the third paragraph of Item 1 of the Amandment 23 of the Constitution (Official Gazette of the Socialist Republic Slovenia, no. 32/89) socio-political communities may use the budgetary funds also for the implementation of the development policy specified in the respective social plans, and conforming to the law also for financing of certain common social needs as well as for answering the requirements of the economic and public utility infrastructure.

In compliance with Article 14 of the Law on Financing of Public Consumption (Official Gazette of the Republic of Slovenia, no. 48/90), the Republic and the municipalities are held responsible for their obligations with all resources at their disposal (Article 4). Each individual year, the Republic or the Municipality respectively may dispose of those revenues that were paid to its budget by the end of the respective year, as well as of the revenues from sales taxes and those from payments for services that are paid by 31 January of the subsequent year and that refer to the sales results of the preceding year (Article 11). The budgetary resources of the Republic or the municipality shall be used for the purposes specified by special laws or by the decrees of the Municipal Assembly (Article 12).

The Constitutional Court ascertains that the Law of Financing of Public Consumption does not specify the tasks of the Republic's and municipal bodies financed from the budget, yet it ensues form the mentioned and other provisions of the above Law that the budget is the only financial instrument for gearing and collection of all funds designed for financing of the tasks of public and other consumption in the Republic and the municipalities.

The Municipal Assembly of Celje hired from Ljubljanska banka - Splošna banka Celje the credit which was used for the purchase of apartments from the EMO company. Accordingly, the obligation ensuing form the conclusion of the Credit Agreement shall be settled by the Municipality of Celje in compliance with the provisions of Articles 12, 17 and 1065 of the Law of Obligations (Official Gazette of the Socialist Federal Republic of Yugoslavia, no. 29/78, 39/85, 45/89 and 57/89), the same as any other legal entities. This obligation is payable to the debit of budgetary funds only.

With reference to the initiator's statement that the contestable apartments still belong to the solidarity fund but are not occupied by persons entitled to the apartments purchased with solidarity funds, the Constitutional Court found out that the impugned Decree on the budget does not regulate the status of the apartments in question.

Accordingly, on the basis of Article 15 of the Law of Procedure at the Constitutional Court of the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, no. 39/74 and 28/76), the Constitutional Court decided as indicated by the wording of this Resolution.

P r e s i d e n t :

Dr. Peter Jambrek

(signature)


Dokument v PDF obliki:
Vrsta zadeve:
review of constitutionality and legality of regulations and other general acts
Vrsta akta:
municipal regulation
Vlagatelj:
Peter Kavalar, Celje
Datum vloge:
30.04.1991
Datum odločitve:
12.12.1991
Vrsta odločitve:
ruling
Vrsta rešitve:
non-acceptance of petition
Dokument:
AN00003