Constitutional court case law

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Case number:
U-I-213/16
ECLI:
ECLI:SI:USRS:2020:U.I.213.16
Challenged act:
Operative provisions:
Abstract:
Due to the fact that the municipality did not conclude a legal transaction to acquire land from the petitioners, and the fact that an expropriation procedure was not carried out against them, Article 8 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a path on their land as a public path. As Article 8 of the Ordinance on Categorisation in this part inadmissibly interferes with the 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:
municipal regulation
Applicant:
Uroš Špenko, Smlednik
Date of application:
23. 11. 2016
Date of Decision:
9. 1. 2020
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
other resolutions
Published:
Official Gazette RS, No. 4/2020
Document:
AN03964

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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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