| Miris document ID: 1044436743938 |
| Author: |
Constitutional Court of the Republic of Slovenia |
| Language: |
English |
| Source: |
Constitutional Court of the Republic of Slovenia
|
| Country: |
Slovenia |
| Category: |
judgment/decision |
| Government level: |
National - State Level |
| Guiding principle: |
It is not in conflict with the Constitution that members of the autochthonous Italian and Hungarian national communities have the constitutionally guaranteed right that in elections of delegates to the National Assembly and at elections of members of a municipal council they cast two votes - one for the election of the representative of the autochthonous national community and the second for election of other delegates or members of the municipal council. The Constitution guarantees members of these communities general and special voting rights.It is in conflict with constitutional provisions of a state ruled by law, the division of authority, the legality of the workings of the administration and public authorities that measures are not determined by law according to which the commissions of the self-governing national communities decide on inscription of electors in a special electoral roll of citizens, members of the autochthonous Italian and Hungarian national communities.A citizen does not show legal interest in impugning the standing orders or statutory arrangement of the extent of the mandate of delegates to the National Assembly only in that he has voting rights.The provisions of a municipal statute according to which the deputy mayor must be a member of the Italian national community if the mayor is Slovene, is not in conflict with constitutional provisions on equality before the law since the distinction among candidates is founded on the protection of the autochthonous Italian or Hungarian national communities.It is not in conflict with the Constitution and with law if a municipal statute determines that the autochthonous Italian national community is directly represented on the council of a local community.It is not in conflict with the Constitution if a municipal statute gives local communities legal subjectivity. |
| Date of
judgement:
|
1998-2-12 |
| Document number: |
U-I-283/94 |
| Official version: |
yes |
| Published on: |
Official Gazette of the Republic of Slovenia |
| Edition number: |
20/1998 |
| Legally binding: |
yes |
| Subject areas: |
public use of language; education; participation; right to vote |
| Minority groups: |
Italians; Hungarians |
| Related laws: |
Elections to the National Assembly Act (Official Gazette 44/92) ; Local Elections Act (Official Gazette 72/93, 7/94, 33/94, 70/95) ; Records of Voting Rights Act (Official Gazette 46/92); Statute of the Urban Municipality of Koper (Official Publications Koper/Capodistria 9/95); Delegates Act (Official Gazette 48/92) ; Standing Orders of the National Assembly (Official Gazette 40/93, 28/96, 26/97) |
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