Constitutional court case law

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Case number:
Challenged act:
Operative provisions:
Due to the fact that before categorisation of a local road the municipality did not conclude a legal transaction to acquire land from the petitioner, and the fact that an expropriation procedure was not carried out against him, Article 4 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a road on his land as a public road. As Article 7 of the Ordinance on Categorisation in this part inadmissibly interferes with the property right, it is also inconsistent with Article 33 of the Constitution.
Legal basis:
Cases joined:
Full text:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Ivan Jenko, Škofja Loka
Date of application:
7. 6. 2018
Date of Decision:
7. 11. 2019
Type of decision adopted:
Outcome of proceedings:
annulment or annulment ab initio
Official Gazette RS, No. 69/2019

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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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