Constitutional court case law

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Case number:
U-I-7/13, Up-29/13
ECLI:
ECLI:SI:USRS:2015:U.I.7.13
Challenged act:
Operative provisions:
Abstract:
Decisions on land use and the conditions for locating buildings in an area must be made following the prescribed procedure for the preparation and adoption of spatial acts. A draft spatial act may, however, be changed on the basis of the comments submitted following a public unveiling or public consultation, but only regarding those spatial developments and regulations that are the subject of the public unveiling or consultation. As the spatial act was changed after the public unveiling by the inclusion of a completely new spatial development, in the contested part it was inconsistent with the third paragraph of Article 153 of the Constitution. 
 
As a building permit entails an interference with the rights and legal benefits of an individual, the individual must have the possibility to state legal and factual issues relating to the protection of his or her legally protected position in the procedure for the issuance of a building permit. In such procedure and in the procedure for the judicial review of administrative acts, a third party intervener can protect his or her legal position also by filing a motion for opposition regarding the spatial act the building permit was based on. 
 
The Constitutional Court abrogated the contested judgment, which was based on a regulation found to be inconsistent with the Constitution.
 
Thesaurus:
Legal basis:
Cases joined:
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
constitutional complaint
Type of act:
municipal regulation
individual act
Applicant:
Irena Mermal, Ljubljana
Date of application:
4. 1. 2013
Date of Decision:
5. 11. 2015
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is inconsistent with the Constitution/statute
annulment or annulment ab initio
Published:
Official Gazette RS, No. 89/2015
Document:
AN03842

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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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