Miris document ID: 1044435688164
DECISION U-I-416/98-38
Author: Constitutional Court of Republic of Slovenia
Language: English
Source: Constitutional Court of Republic of Slovenia
Country: Slovenia
Category: judgment/decision
Government level: National - State Level
Guiding principle: The duty of the legislature was not only to determine the special rights of the Romany community, but also to regulate their exercise in a manner which would ensure the Romany community living in Slovenia the actual exerciseof such special rights. Since the provision of Art. 39.5 of the Local Self-Government Act (hereinafter ZLS) is incomplete (a gap in the law), the Constitutional Court established that the Act is inconsistent with the Constitution (Indent 1 of the disposition).Giving consideration to the fact that the autochthonous character of the Romany community on the territory of Novo Mesto Urban Municipality is established beyond doubt, the Constitutional Court holds that Novo Mesto Urban Municipality could have implemented its statutory obligation determined in Art. 39.5 of ZLS already on the basis of the present regulation and made it possible for the Romany community to elect a representative to the municipal council in the Fall 1998 local elections. For the mentioned reason, the Constitutional Court established that the challenged charter is inconsistent with ZLS since it does not determine that the Romany community, as an autochthonous community settled on the territory of Novo Mesto Urban Municipality, has the right to a representative on the municipal council (Indent 2 of the disposition).
Date of judgement: 2001-3-22
Document number: U-I-416/98-38
Official version: yes
Published on: Official Gazette of the Republic of Slovenia
Edition number: 28/2001
Legally binding: yes
Subject areas: non-discrimination; participation; right to vote; right of association
Minority groups: Roma/Gypsies
Related laws: The Local Self-Government Act (Official Gazette 72/93, 57/94, 14/95, 26/97, 70/97, 74/98 and 70/00); The Charter of Novo Mesto Urban Municipality (Official Gazette 47/99); The Act on the Establishment of Municipalities and the Determination of their Territorial Boundaries (Official Gazette 60/94, 69/94, 56/98 and 75/98)

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