Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

DECISION No 10 OF OCTOBER 29, 2002 ON CC No 12/2002

The Fifth Civic Suits Division of the Supreme Court of Cassation challenged § 5 para 1 of the Transitional and Concluding Provisions of the Cooperatives Law.
The Constitutional Court turned down the challenge for it did not find the text to be inconsistent with the Constitution. The text provides for the involuntary dissolution of cooperatives and cooperative unions that fail to rewrite their statutes to conform to the newly passed Cooperatives Law and to apply to be entered in the register of circumstances subject to registration within the time limit as fixed in § 2 and § 3.
The Constitutional Court assumed that the dissolution of cooperatives and cooperative unions is a measure, which is applied when law-defined specific obligations are not met. The provision for and the choice of this measure are part of the conditions for cooperation. The Constitution assigns the provision of these conditions to the Legislature, which must make them compatible with the basic principles in Art. 12 para 1 and Art. 19 para 4 of the Constitution concerning the citizens' associations and cooperatives.
The Constitutional Court did not find any violation of the said basic principles by the text challenged. The text challenged does not infringe upon the right to association and does not prevent the association of citizens and corporate entities. While the provision sets a reasonable time limit to rewrite the statutes of the cooperatives and cooperative unions so as to conform to the new legislation in place, it guarantees, in tune with Art. 19 para 2 of the Constitution, equal legal conditions for economic activities. Further, the text is not incompatible with the Cooperatives Law as it provides for the justification for the dissolution of cooperatives or cooperative unions other than the justification as worded in the General Meeting's decision.