English
Opravilna št.: U-I-16/10, Up-103/10
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The first paragraph of Article 23 of the Constitution determines that everyone has the right to have any decision regarding his rights, duties, and any charges brought against him made without undue delay by an independent, impartial court constituted by law. In cases in which a law does not determine other judicial protection, the right to judicial protection is exercised through the institution of the judicial review of administrative acts determined in Article 157 of the Constitution. The right of third persons who are not direct parties to proceedings to inspect a case file on the basis of the second paragraph of Article 82 of the General Administrative Procedure Act is not part of their procedural position in administrative proceedings in which the rights, obligations, or legal entitlements of parties or third party interveners are decided, but rather a special statutory right which has a specific purpose and is decided in separate proceedings. As regards the fact that proceedings in which the right determined in the second paragraph of Article 82 of the Administrative Procedure Act is decided are special proceedings which are conducted separately and independently from the main administrative proceedings, that in these proceedings the petitioner has the position of a party because his independent claim is decided on therein, and that a decision may influence the effective protection of his legal position in other proceedings, the Constitutional Court decided that the decision of the administrative body issued on the basis of the second paragraph of Article 82 of the Administrative Procedure Act entails a decision on a right in the sense of the first paragraph of Article 23 of the Constitution and therefore judicial protection must be ensured against such. As the case at the same time concerns a decision on a right in the sense of the first paragraph of Article 157 of the Constitution and as this decision is a final individual act of the state authority (or a local community authority or bearer of public authority) against which no other judicial protection is guaranteed after all appeals have been exhausted, judicial protection must be guaranteed in the judicial review of administrative acts procedure. It is not important for the implementation of the right determined in the second paragraph of Article 82 of the Administrative Procedure Act that the complainant acquired certain documents on the basis of the Access to Public Information Act. As the Constitutional Court granted the constitutional complaint, the petitioner did not demonstrate a legal interest for the review of the challenged statutory provision.

Geslo:
Pravna podlaga:
Opomba:
Polno besedilo:
Vrsta zadeve: ocena ustavnosti in zakonitosti predpisov in drugih splošnih aktov
Vrsta akta: zakon
Vlagatelj:
Datum vloge: 01/20/2010
Datum odločitve: 10/20/2011
Vrsta odločitve: odločba
Vrsta rešitve: razveljavitev ali odprava
zavrženje
Objava: Official Gazette RS, No. 93/2011
Dokument: AN03515
Dokument v PDF obliki:
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