Constitutional court case law

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Case number:
U-I-156/13
ECLI:
ECLI:SI:USRS:2015:U.I.156.13
Challenged act:
Operative provisions:
Abstract:
Petitioners do not have a legal interest if they do not demonstrate that the challenged provision directly interferes with their rights, legal interests, or legal position.
 
Due to the fact that the Republic of Slovenia did not conclude a legal transaction to acquire land from the petitioner and the fact that an expropriation procedure was not carried out against her, Article 4 of the Ordinance on Categorisation of National Roads is inconsistent with Article 69 of the Constitution inasmuch as it categorises a motorway on her land. As Article 4 of the Ordinance on Categorisation of National Roads in this part inadmissibly interferes with her property right, it is also inconsistent with Article 33 of the Constitution. 
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
executive regulation
Applicant:
The GIPOSS company, d. o. o., Ljubljana
Date of application:
4. 6. 2013
Date of Decision:
4. 6. 2015
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is inconsistent with the Constitution/statute
rejection
Published:
Official Gazette RS, No. 43/2015
Document:
AN03801

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All decisions the Constitutional Court adopted since independence of Slovenia, with the exception of orders rejecting constitutional complaints or not accepting them for consideration on the merits that contain as reasoning only the reference to the statutory basis of the decision and the composition of the panel of the Constitutional Court (the fourth paragraph of Article 55c of the Constitutional Court Act), are published on this website.

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