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Case number:
U-I-244/14
ECLI:
ECLI:SI:USRS:2015:U.I.244.14
Challenged act:
Operative provisions:
Abstract:
Due to the fact that the orders issued for the temporary budgetary funding of a new municipality and the municipality on whose territory the new municipality was founded are in force and are being implemented, it is evident that the alleged inconsistency between the first and second paragraphs of Article 30 of the Financing of Municipalities Act, on the basis of which the mentioned orders were adopted, on the one hand, and Articles 15.b and 51.b of the Local Self-Government Act, on the other, is not of such nature that it would entail an inconsistency with the principles of a state governed by the rule of law (Article 2 of the Constitution). 
 
The applicant failed to substantiate the alleged unconstitutionality of the stated statutory provision by its interpretation that the fourth paragraph of Article 51.b of the Local Self-Government Act cannot be applied in the procedure to divide joint property between the applicant and the Municipality of Ankaran, which was the only argument provided in the applicant's statements in the request. The applicant's interpretation is not the only possible interpretation of the stated statutory provision as the provision may also be interpreted, in conjunction with the first paragraph of Article 51.b, to entail that the Administrative Court is competent to resolve a dispute between the mayors of two municipalities if one of the mayors fails to sign an agreement on the division of property.
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Urban Municipality of Koper
Date of application:
11. 12. 2014
Date of Decision:
10. 9. 2015
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
Published:
Official Gazette RS, No. 69/2015
Document:
AN03825

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All decisions the Constitutional Court adopted since independence of Slovenia, with the exception of orders rejecting constitutional complaints or not accepting them for consideration on the merits that contain as reasoning only the reference to the statutory basis of the decision and the composition of the panel of the Constitutional Court (the fourth paragraph of Article 55c of the Constitutional Court Act), are published on this website.

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