Case nº U-I/3845/2006 of January 23, 2013. Proceedings for reviewing conformity of a law with the Constitution

Resolution Date:January 23, 2013
Issuing Organization:Constitutional Court
SUMMARY

Act on the State Administration System

 
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The Constitutional Court of the Republic of Croatia, composed of Jasna Omejec, President of the Court, and Judges Mato Arlović, Marko Babić, Snježana Bagić, Slavica Banić, Mario Jelušić, Davor Krapac, Ivan Matija, Duška Šarin and Miroslav Šeparović, deciding on the proposal to institute proceedings to review the conformity of a law with the Constitution of the Republic of Croatia, at a session held on 23 January 2013, rendered the following

DECISION

I. Pursuant to Article 38.2 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (Official Gazette nos. 99/99, 29/02 and 42/02 - consolidated text) proceedings were instituted to review conformity with the Constitution, and the second part of the sentence of Article 19.4 of the Act on the State Administration System (Official Gazette, no. 150/11) which reads: "... unless these regulations exceptionally specify that, for especially important reasons, the day on which they come into force shall be the day of their publication" is repealed.

II. Pursuant to Article 31.4 and 5 of the Constitutional Act on the Constitutional Court of the Republic of Croatia, it is established as follows:

- the concluding provisions of acts and other regulations must be aligned with the opinions expressed in points 12, 13 and 17 of this decision;

- the Act on the State Administration System (Official Gazette no. 150/11) must be supplemented in line with point 20 of this decision.

III. This decision shall be published in the Official Gazette.

RULING

I. The proposal to institute proceedings to review conformity with the Constitution of Article 18.4 of the Act on the State Administration System (Official Gazette nos. 75/93, 92/96, 48/99, 15/00, 59/01, 199/03 and 79/07) in the part reading: "... unless these regulations exceptionally specify that, for especially important reasons, the day on which they come into force shall be the day of their publication" is hereby dismissed, due to the fact that this act is no longer in force.

II. This decision shall be published in the Official Gazette.

STATEMENT OF REASONS

I. PROCEEDINGS BEFORE THE CONSTITUTIONAL COURT

1.- Ivan Šprajc of Zagreb (hereinafter: the proponent) filed a proposal for the institution of proceedings to review the constitutionality of the second half of the sentence of Article 18.4 of the Act on the State Administration System (Official Gazette nos. 75/93, 92/96, 48/99, 15/00, 59/01, 199/03 and 79/07) hereinafter: ASAS/93) which reads: "... unless these regulations exceptionally specify that, for especially important reasons, the day on which they come into force shall be the day of their publication". The proponent believed that that part of Article 18.4 ASAS/93 was incompatible with Article 90 of the Constitution. In the consolidated text of the Constitution (Official Gazette, no. 85/10) this Article is marked as Article 89.

2.- Article 18.4 ASAS/93 read:

"Article 18(…)

Ordinances, orders and instructions shall be published in the Official Gazette, and shall come into force on the eighth day from their publication at the earliest, unless these regulations exceptionally specify that, for especially important reasons, the day on which they come into force shall be the day of their publication."

3.- At its session held on 22 December 2011, the Croatian Parliament passed the Act on the State Administration System (hereinafter: ASAS/11), which was published on 22 December 2011 in the Official Gazette no. 150.

Articles 93 and 94 ASAS/11 prescribe:

"Article 93The day this Act comes into force the Act on the State Administration System (Official Gazette: 75/93, 92/96, 48/99, 15/00, 59/01, 199/03 and 79/07) shall cease to apply."

"Article 94This Act shall enter into force on the day of its publication in the 'Official Gazette'."

It follows that with the coming into force of the ASAS/11, the ASAS/93 was no longer in force, which the proponent disputed in his proposal for the institution of constitutional court proceedings.

3.- 1. Before the ASAS/93 came into force, the Constitutional Court had not instituted proceedings for an assessment of its constitutionality pursuant to Article 44.2 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (Official Gazette nos. 99/99, 29/02 and 49/02 - consolidated text, hereinafter: the Constitutional Act), which reads:

"Article 44(…)

(2) The proceedings to review the constitutionality of the law and the constitutionality and legality of other regulations upon a proposal shall be considered instituted on the day the ruling to institute the proceedings was brought."

3.- 2. When the ASAS/93 ceased to apply, the requirements no longer existed for proceedings by the Constitutional Court on the proposal by the proponent pursuant to Article 44.2 of the Constitutional Act, and therefore the requirements for deciding on its merits.

Article 32 of the Constitutional Act prescribes that the Constitutional Court shall dismiss by a ruling a proposal when the requirements do not exist for deciding on the merits of the case. Therefore, pursuant to Article 32 of the Constitutional Act case number: U-I-3845/2006, it was ruled as in point 1 of the operational part of this ruling.

4.- Article 18.4 ASAS/93, which the proponent disputed in case no. U-I-3845/2006, is in fact identical to Article 19.4 ASAS/11 which reads:

"Article 19(…)

"Ordinances, orders and instructions shall be published in the Official Gazette, and shall come into force on the eighth day from their publication at the earliest, unless these regulations exceptionally specify that, for especially important reasons, the day on which they come into force shall be the day of their publication."

5.- Since the content of Article 19.4 ASAS/11 is identical to Article 18.4 ASAS/93, which was disputed by the proponent, the Constitutional Court rendered the decision on the application of Article 38.2 of the Constitutional Act to the ASAS/11 (case no. U-I-5348/2012).

Article 38.2 of the Constitutional Act reads:...

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