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Republika Slovenija Ustavno Sodišče REPUBLIKA SLOVENIJA USTAVNO SODIŠČE U-I-48/93 30 June 1995 R E S O L U T I O N At a session held on 30 June 1995 in a procedure to examine the action by Sašo Šraml of Portorož, the senate of the Constitutional Court passed the following resolution: The procedure to examine the action for the assessment of the constitutionality and legality of the Decree of the Municipality of Piran on the Temporary Regulation of Issues Relating to the Composition and Competences of the Chambers and to the Elections of Officials of the Municipal Assembly and the Executive Council (Official Gazette of the Municipalities of Ilirska Bistrica, Koper, Piran, Izola, Postojna and Sežana, No. 29/92) is dismissed. Reasons: A. The plaintiff contests the constitutionality and legality of the amendments to the above-mentioned Decree which temporarily set forth a new organisation of the municipal assembly. He states that the contested Decree is questionable as regards its validity, the procedure for the adoption of amendments and also regarding the method of decision-making at the joint session, which is not defined in the Decree itself. B. During the course of the proceedings before the Constitutional Court a new system of local government was introduced; new municipalities were established, local elections were carried out and the organisation of the municipal authorities changed considerably. Under the new regulation, the municipal bodies comprise the municipal council, the mayor and the supervisory committee, whose status, powers and the way it is formed are governed by the Law on Local Government (Official Gazette of the Republic of Slovenia, Nos. 72/93, 57/94 and 14/95). In accordance with this, on 4 May 1995 the municipal council of the Municipality of Piran passed the Statute of the Municipality of Piran (Official Gazette of the Municipalities of Ilirska Bistrica, Koper, Piran, Izola, Postojna and Sežana, No. 8/95), Article 119 whereof provides that on the day the Statute comes into force, the provisions on the temporary regulation of issues concerning the composition and competences of the chambers as well as the elections of the officials of the municipal assembly and the executive council would cease to be valid. Since the contested Decree is no longer in effect and the case in question is not subject to Article 47 of the Law on the Constitutional Court, the senate of the Constitutional Court dismissed the procedure to examine the action. An identical resolution had already been passed in case U-I-116/93 on 8 June 1995. C. The senate of the Constitutional Court passed this Resolution pursuant to Article 6 and upon a mutatis mutandis application of Article 47 of the Law on the Constitutional Court, at a session composed as follows: chairman Dr Tone Jerovšek and members Dr Peter Jambrek, Matevž Krivic M.Law, Janez 2 Snoj M.Law, Dr Lovro Šturm, Franc Testen, Dr Lojze Ude and Dr Boštjan M Zupančič. The Resolution was passed unanimously. Chairman of the senate Dr Tone Jerovšek .
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