Constitutional court case law

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Case number:
U-I-393/18
ECLI:
ECLI:SI:USRS:2019:U.I.393.18
Challenged act:
Operative provisions:
Abstract:
In the procedure for drafting a spatial act, individuals and population groups must have the possibility to express their interests, while any person concerned must have the possibility to participate in the procedure. A public unveiling [of a plan] serves such purpose in an individual phase of drafting the plan, in the framework of which the public must have the possibility to submit comments and proposals, regarding which reasoned positions should be taken. The mere fact that a study of variants, including a proposal of the most suitable one, is publicly unveiled only together with the draft of a national spatial plan does not deprive the public of the opportunity to effectively participate in the procedure for drafting a national spatial plan. Due to the reconciliation of different interests, certain phases of the procedure may be complemented or earlier phases may be reopened, including on the basis of the comments and proposals submitted by the public in the phase of the public unveiling of the draft national spatial plan, particularly when two public unveilings of a study of variants, including the proposal of the most suitable one and the public unveiling of a draft of a national spatial plan based on that study, are unified in one phase.
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:
Braslovče Municipality and others
Date of application:
30. 5. 2018
Date of Decision:
25. 4. 2019
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
rejection
Published:
Official Gazette RS, No. 36/2019
Document:
AN03951

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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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