Reference period
1 September 1992 — 31 December 1993

Statistical data
Number of decisions: 19

Important decisions

Identification:
a) Bulgaria / b) Constitutional Court / c) / d) Decision No. 13 of October 22,1992 / e) Case No. 27/92 /f) /g;

Keywords of the systematic thesaurus:
Institutions - Executive bodies - Relations with legislative bodies.

Keywords of the alphabetical index:

Summary:

The case was initiated at the request of 54 MPs for interpretation whether within six months after a no confidence motion in the Council of Ministers for its overall policy has been considered and rejected it is possible to file a new no confidence motion on any grounds, which are inevitably included in its overall policy.

According to Article 89. paragraph 3 of the Constitution of the Republic of Bulgaria "Should the National Assembly reject a vote of no confidence in the Council of Ministers, the next motion for a vote of no confidence on the same grounds shall not be made before the expiry of six months".

The Constitutional Court ruled that when the National Assembly rejects a vote of no confidence in the Council of Ministers for its overall policy, no new motion for a no confidence vote can be made within the six months period set forth in Article 89 paragraph 3 of the Constitution on any grounds other than breach of the Constitution

Identification
a) Bulgaria / b) Constitutional Court / c) / d) Decision No. 5 of April 6,1993 / e) Case No. 6/93 / f) / g).

Keywords of the systematic thesaurus:
Institutions - Legislative bodies - Relations with executive bodies.

Keywords of the alphabetical index:

Summary:

The case was initiated at the request of 52 MPs for interpretation of the Constitution as to the following:
1. Whether the imperative provision of Article 65, paragraph 2 of the Constitution that "a candidate for a National Assembly seat holding a State post shall resign upon the registration of his candidacy" applies to MPs who start work in different divisions of the state structure following their election and assumption of the duties of a member of parliament?

2. Whether the prohibitive regime of Article 68, paragraph 1 of the Constitution that "a member of the National Assembly shall not occupy another State post, nor shall engage in any other activity which the law defines as incompatible with the status of a Member of the National Assembly" applies to the following activities: paid participation in a managing, supervisory (control) board of a company with State or municipal participation; paid participation in a banking formation with State participation; paid participation in a government commission or other government formations?

The Constitutional Court ruled that MPs cannot perform the functions of: a) members of government commissions, councils, agencies, centres and other government structures; b) members of bodies of state and municipal enterprises, firms, commercial companies with state and municipal property, assigned to them with acts (instructions, orders, decisions) of bodies of the Executive and related management contracts.

Identification:
a) Bulgaria / b) Constitutional Court / с) / d) Decision No. 13 of July 22,1993 / e) Case No. 13/93 / f) / g).

Keywords of the systematic thesaurus:
Institutions - Executive bodies - Relations with the courts.

Keywords of the alphabetical index:

Summary:

The case was initiated at the request of the Council of Ministers for interpretation of the Constitution with regard to the competence of the Supreme Court to exercise powers of the Supreme Administrative Court on disputes over the legality of Council of Ministers' and ministers' acts until the new laws on the structure and the procedure of the Judiciary are adopted.

Article 120, paragraph 2 of the Constitution establishes the principle of the general clause of challenging any administrative act before the courts. Article 125 designates the Supreme Administrative Court as the authority to exercise supreme judicial supervision as to the precise and uniform application of the law in administrative justice and as the court which rules on all challenges to the legality of acts of the Council of Ministers and the individual ministers, and of other acts established by law. However, at the time when the case was filed, the Supreme Administrative Court had not yet been set up as provided for by the Constitution.

The Constitutional Court ruled that the Supreme Court has the competence to exercise powers of the Supreme Administrative Court pursuant to Article 125, paragraph 2 of the Constitution on disputes concerning the legality of acts of the Council of Ministers and of individual ministers until the new laws on the structure and the procedure of the judiciary are adopted.
 
 

Reference period:
1 September I993 - 31 December I993

Statistical data

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 28 September 1993 / e) U-l-197/1992 / f) / g) Narodne novine, No. 98/1993.

Keywords of the systematic thesaurus:

Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Non-retrospective effect of criminal law.
Sources of Constitutional Law - Categories - Written rules - Constitution.
Sources of Constitutional Law - Categories - Written rules - Quasi-constitutional legislation and norms.
Sources of Constitutional Law - Categories - Written rules - Other international sources.

Keywords of the alphabetical index: Principle ne bis in idem.

Summary:

The ruling of the Court accepts the proposal to commence proceedings in which it will review provisions of the Criminal Procedure Act - the meaning of this ruling being that the Court finds enough elements in the proposal to consider the issue, but the final decision will not necessarily accept the standpoint of the proposal and repeal the law.

The disputed provision states that renewal of criminal proceedings, which could be disadvantageous for a person convicted, or acquitted, of charge, is not admissible if more than six months have passed since the day on which prosecutor came to know of new facts or evidence.

The ruling to review the constitutionality of this provision has in view the principles by which no one may be tried twice for an offence for which he has already been sentenced, and for which a final judgment was passed, and by which no criminal proceedings shall be repeated against a person acquitted by a final court judgment11

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 20 October 1993 / e) U-lll-336/1992 / f) / g) Narodne novine, No. 102/1993.

Keywords of the systematic thesaurus:

Constitutional Justice-Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Fundamental Rights - Economic, social and cultural rights - Right to health.
Sources of Constitutional Law - Categories-Written rules - Constitution.

Keywords of the alphabetical index: Constitutional action / Procedure / Right to health.

Summary:

A request claim was addressed to health insurance bodies to approve medical treatment abroad. Having received no reply, neither in the ordinary procedure nor in the one for urgent cases within the time in which he was advised to undergo the treatment, the claimant went abroad, had the operation and on return of costs. The request was refused by decisions of the health insurance bodies and of the administrative court on the ground that he underwent medical treatment abroad without previous approval.

The decision of the Court repealed the decisions and referred the case back to the administrative court. According to the Constitution, every citizen shall be guaranteed the right to health care. Realisation of this, or any other right, is implemented by appropriate procedures. The claimant was denied these procedures since he got no response to his requests; therefore as he undertook all the necessary steps to get this approval, he was not to be treated as a person who went abroad without previous approval to be medically treated there.

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia /c)/d) 3 November 1993/e)U-l-111/1992 / f) / g) unpublished.

Keywords of the systematic thesaurus:

Constitutional Justice -The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceedings -Decisions - Finding of constitutionality or unconstitutionality.
Fundamental Rights - Economic, social and cultural rights - Other.
Sources of Constitutional Law - Categories - Written rules - Constitution.

Keywords of the alphabetical index: Pensions.

Summary:

The law regulating pensions cancelled the right of those employed in the police force and in certain organs of the judiciary to have their pensions changed (in practice, increased) in three year periods according to the average salaries of those actively employed in corresponding posts during the previous year.

The ruling of the Court did not accept the proposal to commence proceedings in which it would review the constitutionality of the law, because it found no reasonable doubt concerning its constitutionality. The opinion of the Court was that the Constitution authorises the legislator to regulate the system of pensions, and to change it, respecting constitutional principles. The standpoint of the proposal - that pension related rights, once acquired, cannot be changed or cancelled- has no grounds in the Constitution.

Identification:
a) Croatia / b) Constitutional Court of the Republic с Croatia / c) / d) 17 November 1993 / e) LI-204/1992 / f) / g) Narodne novine, No. 110/1993

Keywords of the systematic thesaurus:

Constitutional Justice - The subject of review - Rules issued by the executive.
Constitutional Justice - Constitutional proceeding Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceeding Decisions - Types - Annulment.
Institutions - Executive bodies - Relations with legislative bodies.
Fundamental Rights - Civil and political rights - Equality.

Keywords of the alphabetical index: Equality / Principle of legality / Privatisation of flats.

Summary:

In the privatisation of socially owned flats the Act on the sale of flats to persons who have tenant's rights gave authority to the Government to regulate the calculation of prices of flats and of garages. A Decree of Government provided that persons who have already bought the flats they live in, and the corresponding part of land belonging to the building, may later on cede ownership of the land; in that case, they would be reimbursed 30% of the price.

The decision of the Court annulled the provisions of the Government's Decree as violating the principle of equality, since they privileged those owners of flats who had paid less than 30% of the price in order to obtain ownership.

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 24 November 1993 / e) U-l-98/1993 / f) / g) unpublished.

Keywords of the systematic thesaurus:

Constitutional Justice -The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Fundamental Rights - Civil and political rights - Equality.

Keywords of the alphabetical index: Equality.

Summary:

By its ruling the Court terminated the proceedings after the challenged provision was abolished. The proceedings concerned a proposal to review the Law on the Protection of Health and Health Insurance on the ground that it contained a provision excluding dentists employed in private stomatological clinics from specialisation in the profession.

During the constitutional proceedings the law was changed; the new law states expressly that specialisation may be granted to persons who have a private practice in the medical field and to persons employed by them. Since the law was amended in accordance with the point of the proposal, the proceedings before the Court were terminated.

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 24 November 1993 / e) U-lll-251/1992/f)/g) unpublished.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - The subject of review - Court decisions.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Fundamental Rights - Economic, social and cultural rights - Other.
Sources of Constitutional Law - Categories - Written rules - Constitution.

Keywords of the alphabetical index: Right of inheritance.

Summary:

The constitutional provision which guarantees the right of inheritance guarantees primarily the existence of laws dealing with inheritance, and the possibility of protecting that right before the competent courts. Although the Inheritance Act is based on the principle that a certain part of property has to be left to certain persons, the same Act also makes possible the alienation of property by valid contract during a lifetime. Since the validity of such a contract was proven before the courts, the constitutional right of inheritance is not violated; it relates to the property which was not alienated by the said contract.

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 1 December 1993 / e) U-lll-299/1992 /f)/g) unpublished.

Keywords of the systematic thesaurus:

Constitutional Justice-Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - The subject of review - Court decisions.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Fundamental Rights - Civil and political rights -Inviolability of home.
Sources of Constitutional Law - Categories - Written rules - Constitution.

Keywords of the alphabetical index: Inviolability of home.

Summary:

A special kind of property right exists in Croatian law whereby a person may be entitled to live in a certain property for their lifetime and even transmit this property on their death to someone else without ever being the owner of this property or having the right to sell it.

In this case the applicant was the daughter of a person who had this right. She requested that this special right be transmitted to her on the death of her mother, but this was refused as she did not fulfil the conditions prescribed by law. When she was threatened with eviction, she appealed on the grounds of the inviolability of home.

The Constitutional Court refused her action, stating that the constitutional right to the inviolability of the home does not protect persons who have been refused the special property right on the grounds that they do not fulfil the conditions prescribed by law.

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia /c)/d) 8 December 1993/e)U-l-206/1992, U-l-207/1992, U-l-209/1992, U-l-222/1992 / f) / g) Narodne novine. No. 113/1993.

Keywords of the systematic thesaurus:

Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Political parties.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Fundamental Rights - Civil and political rights - Right to a fair trial.
Sources of Constitutional Law - Categories - Written rules - Constitution.
Sources of Constitutional Law - Categories - Written rules - Quasi-constitutional legislation and norms.
Sources of Constitutional Law - Categories - Written rules - European Convention on Human Rights.
Sources of Constitutional Law - Categories - Written rules - Other international sources.

Keywords of the alphabetical index: Citizenship / Effective remedy / Equality.

Summary:

The decision of the Court repealed a provision of the Law on Croatian Citizenship according to which the reasons for rejecting an application for Croatian citizenship did not have to be stated.

The Court held that the consequence of such a regulation was that the right to appeal cannot be effective and that the principle of equality is violated because persons who know the reasons against which to appeal are in a privileged position. Moreover, according to the Constitution, freedoms and rights may be restricted by law in order to protect the freedoms and rights of other people, public order, morality and health. In this case, public order was not protected but violated

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia /c)/d) 8 December 1993/e)U-l-253/1993 / f) / g) unpublished.

Keywords of the systematic thesaurus:

Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Fundamental Rights - Civil and political rights -National service.
Sources of Constitutional Law - Categories - Written rules - Constitution.

Keywords of the alphabetical index: Conscientious objection.

Summary:

A proposal to commence proceedings to review the constitutionality of the Basic Criminal Law from the point of view of the constitutional provision dealing with conscientious objection was not accepted. According to the Constitution, conscientious objection is allowed for all persons who, for religious or moral beliefs, are not willing to participate in the performance of military duties in the armed forces, but such persons are obliged to perform other duties specified by law.

The disputed provision states that persons obliged to perform military service, who, without justified reason, refuse to carry arms in connection with military service, may be imprisoned for a period of 3 months to 3 years.

The ruling of the Court held that the disputed provision does not apply to persons who have expressed conscientious objection, since these persons are dealt with as persons obliged to perform civil service in military forces.

Identification:
a) Croatia / b) Constitutional Court of the Republic of Croatia /c)/d) 15 December 1993 /e)U-lll-40/1993 / f) / g) Narodne novine, No. 3/1994.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - The subject of review - Courts decisions.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Natural person.
Fundamental Rights - Economic, social and cultural rights - Other.

Keywords of the alphabetical index: Protection of children / Family life / Procedure.

Summary:

After a divorce, a final court decision was issued as to the alimonies the father was obliged to pay. The mother of the child never asked for enforcement of that final decision, nor an increase of the sum, but years later she sued the father for part of the amount which she had spent supporting and educating the child. Her claim was refused on the ground that it would mean a change in the previous final decision of the courts on the father's obligation.

In her constitutional action the mother claimed protection on the basis of the constitutional provision according to which parents have a duty to bring up, support and educate their children. The action was rejected. The Court found that where a claimant has not taken the necessary steps for the protection of constitutional rights, as prescribed by law he/she may not claim that constitutional rights are violated; in this case, the claimant failed to seek enforcement of the final decision of the courts and a request for the amount of alimonies to be increased.
 
 

Reference period:
1 September 1993-31 December 1993

Statistical data
Number of decisions:

Identification:
a) Hungary / b) Constitutional Court / с) / d) / e) Decision No. 53/1993 (X. 13.) / f) / g) AB hatarozat, Magyar Kozlony (Official Gazette) No. 147/1993 (1956 War Crimes Case).

Keywords of the systematic thesaurus:

Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - Preliminary review.
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Non-retrospective effect of criminal law.
Sources of Constitutional Law - Categories - Written rules - European Convention on Human Rights.
Sources of Constitutional Law - Hierarchy - Hierarchy as between national and non-national sources - Treaties and constitutions.

Keywords of the alphabetical index: Statute of limitation / War crimes / International humanitarian law / Geneva Conventions of 1949.

Summary:

The Hungarian Parliament in February 1993 passed a law on "Procedures Concerning Certain Crimes Committed During the 1956 Revolution". This law tried to make possible some form of "historical justice" in order to prosecute Communist offenders. Three previous attempts could not pass the scrutiny of judicial review. This time again the President of the Republic did not promulgate the act, but turned to the Constitutional Court for "preventive norm control".

The President asked the Court to review the law for its conformity with both the Constitution and two international agreements - Article 7(1) of the European Convention of Human Rights and Article 15 of the International Covenant on Civil and Political Rights. As for the second claim, the Court had to interpret its jurisdiction to consider questions of international law when ruling on the constitutionality of a not yet promulgated law. The Court claimed the right to judge the law's conformity with international law, because the Court is required under Article 7(1) of the Constitution to ensure harmony between domestic law and obligations assumed under international law when evaluating a law's constitutionality.

As to the merits of the case, the Court restated its former stand-point that the retroactive amendment of the statute of limitations in criminal cases is unconstitutional. The Court has found two exceptions to this principle:

a) if Hungarian law in force at the time when the crime was committed provided no statute of limitations, b) if the crime is a crime against humanity or a war crime, and the non-application of a statute of limitations is an obligation undertaken by Hungary in an international agreement.

The Court declared the first article of the law under review unconstitutional, because it referred exclusively to crimes defined by domestic law, and extended the statute of limitation retroactively for crimes committed during the revolution of 1956.

The constitutionality of the second article, referring to war crimes and crimes against humanity as defined by the Geneva Conventions of 1949 for the Protection of War Victims, was upheld. The Court referred also to the New York Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 1968, signed and ratified by Hungary. The New York Convention declares that "no statutory limitation shall apply to several categories of war crimes and crimes against humanity irrespective of the date of their commission". By signing this convention, Hungary undertook an obligation not to apply its own statute of limitations in cases involving war crimes and crimes against humanity.

Supplementary information:

This is the fourth decision of the Constitutional Court regarding the question of retroactive extension of statute of limitations in criminal cases related to crimes committed under the former Communist regime. It is the first time that the Court upheld the constitutionality of an act passed by the Parliament regarding this issue.

Identification:
a) Hungary / b) Constitutional Court / с) / d) / e) Decision No. 59/1993 (XI. 29.) / f) / g) AB hatarozat, Magyar Kozlony (Official Gazette) No. 172/1993.

Keywords of the systematic thesaurus:

Institutions - Courts - Ordinary Courts - Civil Courts.
Fundamental Rights - Civil and political rights - Right of access to Courts.

Keywords of the alphabetical index:  Right of access to Courts.

Summary:

Under Hungarian civil procedural law, courts could reject a complaint without issuing a summons if the claim was evidently unfounded or impossible. This general clause had been introduced to the Civil Procedural Code in 1952, and it was abolished in 1957. Legislature re-established the clause in 1972 in order to speed up procedures. According to the Constitutional Court, this provision violated the citizens' rights to a fair trial by an independent court as provided by the Constitution. The Court emphasised that citizens had a right to have their claim judged by a court, and access to the courts could not be rejected by a simple reference to practical needs. It annulled the related provision of the Civil Procedural Code.

Identification:
a) Hungary / b) Constitutional Court / c) / d) / e) Decision No. 64/1993 (XII. 22.) / f) / g) AB hatarozat, Magyar Kozlony (Official Gazette) No. 184/1993.

Keywords of the systematic thesaurus:

Institutions - Executive bodies - Territorial administrative decentralisation - Municipalities.
Fundamental Rights - Governing principles - Entitlement to rights - Natural and legal persons.
Fundamental Rights - Governing principles - Limits and restrictions.
Fundamental Rights - Civil and political rights - Right to property.

Keywords of the alphabetical index: Private property / Property of local governments / Alienation of local governments' property.

Summary:

The Hungarian legislature in July 1993 passed a law on the lease and the alienation of living accommodation (flats) and other premises. These premises became the property of the local governments by force of law (ex lege) in 1990, in the process of the transformation of the former state property. The most questioned part of the new law was the entire chapter on the option to purchase the flats and other premises by the tenants. Under the law local governments are obliged to sell the flats to the tenants at a reduced price specified by the law.

This option to purchase is valid for five years. The option is obviously a serious restriction on the right to property. The Court declared in several decisions that the right to property is a fundamental right, but it can be restricted for necessary public goals. These restrictions must meet a strict constitutional scrutiny. The five year term open to the tenants for the option to purchase the flats is disproportionately long, creating a deeply uncertain situation for the local governments. The other source of unconstitutionality is the lack of guarantee for maintaining the value of the wealth given to the local governments. If they are obliged to sell the flats and other premises for a special reduced price, the value of their property will be significantly diminished. Local governments should be compensated for the losses suffered because of the option.

In the case of other premises that are not used as living accommodation (but as shops, e.g.) there is no social reason to put burdens on the property of the local governments.

Therefore the Court declared the rules related to the option to purchase flats and other premises unconstitutional.

Supplementary information :
One judge wrote a dissenting opinion, joined by another judge.
 
 

Reference period:
1 September 1993 - 31 December 1993

Statistical data

Important decisions

Identification:
a) Lithuania / b) Constitutional Court / с) / d) Ruling of 17 September 1993/e)/f)/g) Publication: Valstybes zinios 47-949 93.09.22.

Keywords of the systematic thesaurus:

Constitutional Justice-Types of litigation - Litigation in respect of the distribution of powers between central government and its subdivisions.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.
Constitutional Justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Constitutional Justice - Common principles or techniques of interpretation - Principle of reasonableness.
Institutions - Principles of State organisation - Rule of Law.
Institutions - Executive bodies - Territorial administrative decentralisation - Municipalities.

Keywords of the alphabetical index: Local self-Government / Dissolution of City Council.

Summary:

The ruling of the Constitutional Court concerns the decision of the Seimas of the Republic of Lithuania "On the dissolution of Vilnius City Council and some measures necessary to improve the activities in local governments", adopted on April 15,1993. The Constitutional Court established that the above mentioned Seimas decision had been adopted in violation of procedures provided by law and the guarantee of local autonomy. Therefore, the above mentioned decision of the Seimas has been considered to contradict the Constitution of the Republic of Lithuania.

Identification:
a) Lithuania / b) Constitutional Court / c) / d) Ruling of 8 November 1993 / e) / f) / g) Publication: Valstybes zinios61-116693.11.17.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.
Constitutional Justice - Common principles or techniques of interpretation - Concept of manifest error in assessing evidence or exercising discretion.
Institutions - Principles of State organisation - Rule of law.
Institutions - Legislative bodies - Law-making procedure.

Keywords of the alphabetical index: Elections / Law on Elections to the Seimas.

Summary:

A group of the Seimas members requested the Constitutional Court to investigate if the Law "On Partially Amending the Law of the Republic of Lithuania on Elections to the Seimas", 16 March 1993, is in compliance with the Constitution of Republic of Lithuania. As the petitioner's request was grounded on a mistaken interpretation of constitutional norms, the constitutional Court gave the ruling that the disputed law does not contradict the Constitution.

Identification:
a) Lithuania / b) Constitutional Court / с) / d) Ruling of 26 November 1993 / e) / f) / g) Publication: Valstybes zinios66-126093.12.03.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.
Constitutional Justice - Common principles or techniques of interpretation - Principle of equality.
Institutions - Principles of State organisation - Democratic make-up of the State.
Institutions - Legislative bodies - Parliaments - Organisation.

Keywords of the alphabetical index: Infringement of principle of equality / Parliament.

Summary:

The ruling of the Constitutional Court concerns the articles of the Statute of the Seimas on the principles of establishing parliamentary groups (factions). In the public court hearing the Constitutional Court established that the articles under discussion violate the principles of equality for Seimas members. Therefore, they are recognised as contradicting the Constitution of the Republic of Lithuania.

Identification:a) Lithuania / b) Constitutional Court / c) / d) Ruling of 13 December 1993 / e) / f) / g) Publication: Valstybes zinios70-132093.12.18.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Referral by a court.
Constitutional Justice - Common principles or techniques of interpretation - The social dimension of the rule of law.
Fundamental Rights - Civil and political rights - Right to property.

Keywords of the alphabetical index: Fundamental rights / Private property / Confiscation.

Summary:

The Constitutional Court in its public court hearing conducted the investigation of Case No. 7 on the conformity of the norms of the Criminal Code providing for the confiscation of property with the Constitution. Despite the provision of Article 23 of the Constitution of the Republic of Lithuania which establishes: "Property shall be inviolable", the Constitutional Court drew the conclusion that a criminal penalty - seizure of property - does not contradict the constitutional norms when it is applied in the cases set forth in the Criminal Code, i.e. if that property was an instrument or provision to commit a crime, or if the property was obtained while committing a crime.
 
 

Reference period:
1 September 1993-31 December 1993

Statistical data

К 18/93/ 30 November 1993/ - Principle of the protection of rights acquired.
К 7/93/ 7 December 1993/; К 8/93/ 14 December 1993/ - Lex retro non agit.

Other information

The year 1993 marked the eighth anniversary of the founding of the Constitutional Tribunal. The terms of five judges and the Vice-President, who in 1985 were elected the members of the first bench, expired in 1993, and new members were elected by the Sejm (the Polish Parliament) in November 1993. Prof. Janusz Trzcinski was appointed to the post of Vice-President and the following persons were elected judges: Prof. Zdzislaw Czeszejko-Sochacki, Prof. Leszek Garlicki, Dr Stefan Jaworski, Prof. Wojciech Sokolewicz and Prof. Blazej Wierzbowski, Prof. Andrzej Zoll was appointed to replace Prof. Mieczyslaw Tyczka as President of the Constitutional Tribunal, after Prof. Tyczka resigned from the post. In August 1993, Judge Remigiusz Orzechowski died.

Identification: a) Poland / b) Constitutional Tribunal / с) / d) Decision of 28 September 1993 / e) Case No. P2/93 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - The subject of review - Rules issued by the executive.
Constitutional Justice - Constitutional proceedings -Types of claim - Referral by a Court.
Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - Ex post facto review.

Keywords of the alphabetical index: Chief Administrative Court.

Summary:

Provisions of the order of the Minister of Internal Affairs that (1) determine the maximum period for which a license for carrying arms may be granted, and (2) declare that licenses which had been issued before the new regulation became effective shall expire, infringe the limits of law-making competence granted to the Minister by the laws. Therefore, the provisions in question have been found to be inconsistent with the constitutional rules of issuing regulations implementing statutes.

It has been stressed by the Tribunal that the Law on arms, munitions and explosives of 1961 does not meet Polish current realities.

Identification: a) Poland / b) Constitutional Tribunal / с) / d) Decision of 29 September 1993 / e) Case No. K17/92 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice -Types of litigation - Litigation in respect of fundamental freedoms and rights.
Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Other.
Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - Ex post facto review.
Institutions - Principles of State organisation - Rule of law. Institutions - Courts - Administrative courts-Jurisdiction. Fundamental Rights - Civil and political rights - Equality.
Fundamental Rights - Civil and political rights - Right of access to courts.

Keywords of the alphabetical index: Administrative procedure / President of the Chief Administrative Court / Social aid.

Summary:

Pursuant to the provision of the Social Aid Act of 1990 (as amended in 1992) a non-pecuniary relief in the form of covering public transportation charges may be granted to a person in need. The grant lies within the discretion of the competent administrative authority and does not require an administrative decision. The said relief, as an administrative act unilaterally determining an individual case, should - according to the basic principles of administrative procedure - be issued in the form of an administrative decision that may be appealed to the court. The constitutional principle of democratic state ruled by law and the principle of legality do not allow any decisions of administrative authorities which do not comply with law or are not subject to any review.

The lack of procedure granting citizens the right to appeal against the decision on relief to a court was declared to be in contradiction with the right of access to courts, a basic element of the rule of law. The provision in question was also found to be inconsistent with the constitutional principle of equality, since other administrative decisions on the granting of social aid for certain purposes are subject to judicial review.

Supplementary information: See recent decisions: К 8/91; К 3/92 (right of access to courts); P 2/92; P 7/92 (social security, social aid).

Identification: a) Poland / b) Constitutional Tribunal / c) / d) Decision of 12 October 1993 / e) Case No. K4/93 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the distribution of powers between central government and its subdivisions.
Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Organs of decentralised authorities.
Constitutional Justice - Constitutional proceedings -Types of claim - Types of review - Ex post facto review.
Constitutional Justice - Common principles or techniques of interpretation - Proportionality principle.
Institutions - Principles of State organisation - Other. Institutions - Courts - Administrative courts - Jurisdiction.

Keywords of the alphabetical index: Local self-government / Municipal Councils of some towns / Public finances / Principle of social justice.

Summary:

The decision relates to the provision of the 1990 law concerning the division of assets and liabilities of previously existing local state administrative authorities between State Treasury and local self-government (municipalities) authorities.
After the provision in question became effective, the budgets of many municipalities were remarkably encumbered with redemption of the debts contracted (under the Council of Ministers' resolution of 1982) by the former local state administrative authorities for supporting housing investments.
The criteria of the division of the debts between State Treasury and municipalities, considered by the legislator, do not comply with the rule of proportionality of advantages and liabilities. Consequently, the communes were arbitrarily burdened with the taxes. Accordingly, the provision in doubt - construed with regard to the above-mentioned resolution of 1982 - was found to contradict the constitutional principle of justice.

Identification:a) Poland / b) Constitutional Tribunal / с) / d) Decision of 26 October 1993 / e) Case No. U15/92 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice-Types of litigation - Litigation in respect of fundamental freedoms and rights.
Constitutional Justice -The subject of review - Rules issued by the executive.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Non-profit making corporate body.
Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - ?x post facto review.
Institutions - Principles of State organisation - Rule of law. Institutions - Principles of State organisation - Other.
Institutions - Courts - Ordinary Courts - Officers of the Court.
Fundamental Rights - Economic, social and cultural rights - Freedom to work for remuneration.
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.

Keywords of the alphabetical index: Principle of social justice / Commercial and industrial freedom / Freedom to work for equivalent remuneration / Officers of the courts of general jurisdiction.

Summary:

Orders of the Minister of Justice and the Minister of Labour and Social Politics have limited the maximum amount of court executive officer's commission and lump-sums for managing his office. This limitation infringes neither the constitutional principle of social justice nor the principle of the rule of law. The provisions in question which are consistent with the provisions of several laws, in particular with the provisions of the Act on Courts of General Jurisdiction, the Code of Civil Procedure and the Labour Code, cannot then be considered to be in contradiction with the constitutional freedom of economic activity or the constitutional right to work for equivalent remuneration or the constitutional rules of administration of justice.

Identification: a) Poland / b) Constitutional Tribunal / с) / d) Decision of 9 November 1993 / e) Case No. K11/93 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice -Types of litigation - Litigation in respect of the distribution of powers between State authorities.
Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Other.
Constitutional Justice - Constitutional proceedings -Types of claim - Types of review - Ex post facto review.
Institutions - Principles of State organisation - Separation of powers.
Institutions - Principles of State organisation - Rule of law.
Institutions - Courts - Ordinary courts - Organisation. Institutions - Courts - Ordinary courts - Status of judges.

Keywords of the alphabetical index: Independence of judges / Irremovability of judges / Independence of courts / Disciplinary proceedings / Ombudsman.

Summary:

In the case thereof the Constitutional Tribunal decided upon the constitutionality of some provisions of the Act on Courts of General Jurisdiction, as amended in 1993:

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - The subject of review - Rules issued by the executive.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Non-profit-making corporate body.
Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - fx post facto review.

Keywords of the alphabetical index:

Summary:

The decision relates to the provisions of the order of the Minister of Agriculture and Food Economy, determining the types of treatment that may be performed by auxiliary veterinary staff - independently or under the control of a veterinary doctor. According to the Tribunal's opinion, the provisions in doubt infringed the limits of law-making competence granted to the Minister by the relevant law.

Identification:a) Poland / b) Constitutional Tribunal / с) / d) Decision of 23 November 1993 / e) Case No. K5/93 / f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the distribution of powers between state authorities.
Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - The subject of review - laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.
Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - Ex post facto review.
Institutions - Legislative bodies - Law-making procedure.

Keywords of the alphabetical index: Presidium of the Senate.

Summary:

The two Chambers of the Parliament have different functions in the process of enacting statutes. As implied by the provisions of the Constitutional Act (art. 17), the Senate is empowered to introduce amendments only to "the text" of the statute adopted by the Chamber of Deputies (Sejm) and submitted to the Senate.
The Sejm (in February 1993) was authorised to refuse the consideration of the Senate's amendments to the law revising the Veterans Act, since those amendments exceeded the contents ("the text") of the law passed by the Sejm and submitted to the Senate. Therefore, the law revising the Veterans Act was enacted in compliance with the procedure set forth in the Constitution.

Identification: a) Poland / b) Constitutional Tribunal / c) / d) Decision of 30 November 1993 / e) Case No. K18/93 / f) / g).

Keywords of the systematic thesaurus:

Constitutional J ustice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional J ustice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a private body or individual - Other.
Constitutional Justice - Constitutional proceedings -Types of claim - Type of review - Ex post facto review.
Institutions - Principles of State organisation - Rule of law.
Institutions - Principles of State organisation - Other.

Keywords of the alphabetical index: Non-retrospective effect of laws / Inviolability of rights acquired justly / Trade unions.

Summary:

The decision thereof refers to the provisions of the 1992 Budget (of June 1992) and two other laws regulating the State's finances in 1992 (of January 1992). The provisions in doubt entered into force with retroactive effect as from the beginning of the year and inter alia, suspended the evaluation of the remunerations of the employees paid from the State budget.
To the extent that the provisions in question refer to the period before they were announced in the Official Gazette, they have been declared inconsistent with the constitutional prohibition against ex post facto laws (lex retro non agit principle) and with the principle of the protection of rights justly acquired, which are considered inherent to the principle of the state ruled by law.
The Constitutional Tribunal has emphasised that the constitutional principle of the protection of rights justly acquired is not of absolute character and under certain circumstances it may be derogated from. Therefore, as far as the period after the provisions in question were announced is concerned, the application of these provisions has not been found to be unconstitutional since it was justified by the difficult situation of state finances and the aim of decreasing the budget deficit.

Supplementary information:See also: decision of January 29,1992 (case no. K15/91).
 
 

Reference period:
1 June 1993-31 December 1993

Statistical data

Identification:a) Romania / b) Constitutional Court / с) / d) 24 June 1993 / e) Judgment No. 34/1993 / f) / g) Monitorul Oficial No. 144.

Keywords of the systematic thesaurus:

Fundamental rights - Civil and political rights - Right of access to courts.

Keywords of the alphabetical index: Access to courts / Jurisdictional competences of the administration / Statute of limitation.

Summary:

Fixing special time-limits for the prescription of taxes and duties is not contrary to the Constitution, since taxes and duties are not the private property of the country and do not fall within the ambit of the provisions of Article 41 of the Constitution concerning equal protection of private property.
The solution of a dispute by an administrative authority is compatible with the Constitution insofar as it does not infringe Article 22 of the Constitution which secures free access to courts. Pursuant to Article 125 of the Constitution, justice is rendered by judicial bodies established by law. The Jurisdictional competence of the administration must not set aside this competence of the judiciary. Therefore, Article 4 of the Law on administrative disputes No 29/1991, prohibiting access to judicial review procedures in cases where the administration exercises Jurisdictional competence, must be abolished, in accordance with Article 150 (1) of the Constitution.

Supplementary information:Constant case-law.

Identification:a) Romania / b) Constitutional Court / c) Appeals Division / d) 19 October 1993 / e) No. 61 / f) / g) Monitorul Oficial No. 256/93.

Keywords of the systematic thesaurus:

Constitutional Justice - Constitutional proceedings -Procedure - Interlocutory proceedings.
Constitutional Justice - Constitutional proceedings -Procedure - Special procedures.

Keywords in the alphabetical index:  Incompatibility / Exceptional review procedures / Inadmissibility.

Summary:

Incompatibility can only exist in cases of review procedures for altering a previous judgment, such as an appeal, and not in the case of revocation. In proceedings on claims of constitutional incompatibility, according to Romanian law, there is only one review procedure, i.e. appeal. Extraordinary review procedures, covered by the Code of Civil Procedure, are therefore inadmissible.

Identification:

a) Romania / b) Constitutional Court / c) Plenary sitting of the Court / d) 15 December 1993 / e) m.71 / f) Constitutionality of home heating grants for the winter 1993-1994 and of the tax levied on private trips abroad / g) Monitorul Oficial No. 305/23.XI 1.1993.

Keywords of the systematic thesaurus:

Constitutional Justice - Common principles or techniques of interpretation - Principle of reasonableness.
Constitutional Justice - Common principles or techniques of interpretation - Concept of constitutionality dependent on a specified interpretation.
Fundamental Rights - Civil and political rights - Equality.
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.

Keywords in the alphabetical index: Social protection / Equality / Tax / Reasonableness.

Summary:

The legislative body has a discretionary right to define the underprivileged social classes for which it introduces social protection measures. The tax levied to raise the necessary financial resources to implement the social protection measure is justified only for the period in which the social protection measure is applied.
 
 

Reference period:
1 September-31 December 1993

Statistical data
Number of decisions

The Constitutional Court had 13 sessions during this period, in which it dealt with 121 cases in the field of protection of constitutionality and legality (cases denoted U- in the Constitutional Court register). There were 128 unresolved cases from the previous year at the start of the period (1 September 1993). The Constitutional Court accepted 52 new cases in the period of this report, confirming the trend of a steady increase in the number of new cases over the last four years.

In the same period, the Constitutional Court resolved:

The content of the cases resolved in this period was the following:

Identification:a) Slovenia / b) Constitutional Court of the Republic of Slovenia/c)/d) 13 July 1993/e)U-l-108/91 /f) / g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional Proceedings -Types of claim - Claim by a public body - Executive bodies.
Constitutional Justice - Constitutional Proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Constitutional Justice - Constitutional Proceedings -Decisions - Pronouncement and publication - Publication - Publication in the official gazette.
Constitutional Justice - Constitutional Proceedings -Decisions - Pronouncement and publication - Publication - Publication in an official collection.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Effect erga omnes.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Temporal effect - Retrospective effect.
Constitutional Justice - Common principles or techniques of interpretation - Historical interpretation.
Constitutional Justice - Common principles or techniques of interpretation - Teleological interpretation.
Fundamental Rights - Economic, social and cultural rights - Commercial and industrial freedom.

Keywords of the alphabetical index : Ex officio to expand the proceedings / Principle of connexity.
Transfer of capital of a company to another company without acquiring the right of control / Holding / Logical interpretation / Systematic interpretation.

Summary:

The Constitutional Court gave an interpretative decision of Article 146.b, paragraph 2, of the Companies Act (Official Gazette of the Socialist Federative Republic of Yugoslavia, No. 46/90) which allowed the transfer of capital between companies. It held that this provision was not in conflict with the constitutional regulation of socially-owned property as far as it was applied to a certain type of transfer of socially-owned capital between legal persons which, at the time of the coming into force of the Companies Act (1 January 1989), had been organised into composite organisations of associated labour or work organisations. The transfer in question was one by which a socially-owned holding company became permanent owner, in another incorporated, socially owned company, of a portion of capital or shares proportionate to the amount of transferred capital, and effected with the intention of pooling, on the basis of an agreed transfer, socially-owned capital and of allowing capital-based linkages possible within the framework of composite entities in the sense of Section V.a of the Companies Act.

Supplementary information:

First judgment as a interpretative decision of the Constitutional Court.
Dissenting/concurring opinion of a constitutional judge. Modification of a temporary injunction.

Identification:a) Slovenia / b) Constitutional Court of the Republic of Slovenia /c)/d) 7 October 1993/e) U-l-165/93 / f)/g).

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Other litigation.
Constitutional Justice - The subject of review - Rules issued by the executive.
Constitutional Justice - Constitutional Proceedings -Types of claim - Claim by a private body or individual - Profit-making corporate body.
Constitutional Justice - Constitutional Proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Constitutional Justice - Constitutional Proceedings -Decisions - Pronouncement and publication - Publication - Publication in an official collection.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Effect erga omnes.
Institutions - Executive bodies - Powers. Institutions - Economic duties of the State.
Fundamental Rights - Economic, social and cultural rights - Right to a sufficient standard of living.

Keywords of the alphabetical index: Conditions for determining maximum prices / Serious market disturbance.
Retroactive legal regulations / Executive general act Dissenting / Concurring opinion of a constitutional judge.

Summary:

It is the considered view of the Government of the Republic of Slovenia that the current circumstances of an excessive and general increase in prices through an increase in the price of flour and bread meet the conditions of serious disturbance in the movement of prices of the most important products, for which it takes measures for determining prices by regulations defined in article 5 of the law on prices (Off. Gaz. RS, No. 1/91-I). The decree of the Government of the Republic of Slovenia determining the maximum price of flour and bread (Off. Gaz. RS No. 34/93) is thus not in conflict with the law and the Constitution.

Supplementary information:Consistent case-law.
By Resolution of7.10.1993, cases U-l-175/93 and U-l-176/93 have been joined to the case under consideration because of their common treatment and decision.

Identification:a) Slovenia / b) Constitutional Court of the Republic of Slovenia / c) / d) 4 November 1993/e) U-l-167/92 / f)/g).

Keywords of the systematic thesaurus:

Constitutional Justice-Types of litigation - Other litigation.
Constitutional Justice - The subject of review - Laws and other rules having the force of law.
Constitutional Justice - Constitutional Proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional Proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Constitutional Justice - Constitutional Proceedings -Decisions - Pronouncement and publication - Publication - Publication in an official collection.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Effect erga omnes.
Institutions - Economic duties of the State. Fundamental Rights - Civil and political rights - Equality.

Keywords of the alphabetical index: Tax relief for vehicles which use unleaded petrol.

Summary:

The impugned provision which introduces a tax relief on the sale of private cars with built-in catalysers for using unleaded petrol, the intention of which is to encourage the purchase of vehicles which use unleaded petrol and thus to reduce the burden on the environment, is not in conflict with the Constitution. The same kinds of car are taxed at the same tax level, and the decision on what kind of car to buy is a matter for the buyer him/herself.

Supplementary information:Consistent case-law.

Identification:a) Slovenia / b) Constitutional Court of the Republic of Slovenia/c)/d) 11 November 1993/e) U-l-109/92 / f) / g) Official Gazette of the Republic of Slovenia, No. 65/93.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of the distribution of powers between state authorities.
Constitutional Justice - The subject of review - Rules issued by independent state bodies.
Constitutional Justice - Constitutional Proceedings -Types of claim - Claim by a public body - Other.
Constitutional Justice - Constitutional Proceedings -Decisions - Types - Finding of constitutionality or un-constitutionality.
Constitutional Justice - Constitutional Proceedings -Decisions - Pronouncement and publication - Publication - Publication in the official gazette.
Constitutional Justice - Constitutional proceedings -Decisions - Pronouncement and publication - Publication - Publication in an official collection.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Effect erga omnes.
Institutions - Economic duties of the State.

Keywords of the alphabetical index: Adopting acts under the exceptional circumstances of the monetary independence of the Republic of Slovenia.
Competence of the Bank of Slovenia to annul decrees of the governors of the National Bank of Yugoslavia.

Summary:

A Decree terminating the validity of decrees issued by the governors of the National Bank of Yugoslavia on conditions and ways of providing credit to banks and other financial organisations for maintaining daily liquidity is not in conflict with the Constitution or the Law because the Bank of Slovenia adopted it as a competent body on the basis of the provisions of the second paragraph of article 4 of the Constitutional Law for the implementation of the Basic Constitutional Charter on the sovereignty and independence of the Republic of Slovenia.
An establishing decree of the Council of the Bank of Slovenia on taking over specified debts and obligations of the National Bank of Yugoslavia which did not regulate matters relating to disbursements to the economy from the bank and from the National Bank of Yugoslavia to banks of unrefunded foreign exchange savings and exchange differences is not in conflict with the Constitution or the Law. The decree of the Council of the Bank of Slovenia could not regulate these matters since they are within the competence of the Republic of Slovenia.

Supplementary information: First judgment after such modification of the Constitution.

Identification:a) Slovenia / b) Constitutional Court of the Republic of Slovenia / c) / d) 11 November 1993/e) U-l-82/92 / f) / g) Official Gazette of the Republic of Slovenia, No. 65/93.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - The subject of review - Administrative acts.
Constitutional Justice - Constitutional Proceedings -Types of claim - Claim by a private body or individual - Natural person.
Constitutional Justice - Constitutional Proceedings -Decisions - Types - Annulment.
Constitutional Justice - Constitutional Proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.
Constitutional Justice - Constitutional Proceedings -Decisions - Pronouncement and publication - Publication - Publication in the official gazette.
Constitutional Justice -Constitutional Proceedings - Decisions- Pronouncement and publication-Publication- Publication in an official collection.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Effect erga omnes.
Constitutional Justice - Constitutional Proceedings -Decisions - Effects - Temporal effect - Retrospective effect.
Constitutional Justice - Common principles or techniques of interpretation - Principles of legality.
Institutions - Executive bodies - Relation with legislative bodies.
Institutions - Economic duties of the State.
Fundamental Rights - Civil and political rights - Right to property.

Keywords of the alphabetical index:
Denationalisation [Criteria - Competence of ministry (administrative) to determine criteria].
Denationalisation [Valuing assets on denationalisation procedures].
Principle of the division of power.
Principle of legality.
Valuation of building land [Farmland].

Summary:

The judgment concerned the instructions on criteria for assessing the value of expropriated property, during the process of denationalisation. The Court objected that these provisions of a statutory regulation, in addition to determining the criteria by which the value of building land should be assessed, actually defined what building land was. This determination not only supplemented legal standards, but regulated specific social relations and thereby exceeded the limits of administrative competence.

Supplementary information: Consistent case-law.

By Resolution of the Constitutional Court cases U-l-152/92 (Resolution of 17.12.1992) and U-l-4/93 (Resolution of 18.2.1993) were joined to the case herein dealt with because of common treatment and decision.