U-I-29/06

Reference no.:
U-I-29/06
Objavljeno:
Official Gazette RS, No. 23/2006, Official Gazette RS, No. 105/2006 and OdlUS XV, 64 | 28.09.2006
ECLI:
ECLI:SI:USRS:2006:U.I.29.06
Abstract:
The Ordinance declared the status of the environment at risk without determining the regime of a special regulation regarding its rehabilitation, as required by the Environmental Protection Act previously in force. Moreover, it was not possible to determine from the Ordinance the type and quantity of pollution for which the payment of a tax was determined, as required by the aforementioned Act. Consequently, the Ordinance was inconsistent with the Environmental Protection Act previously in force.
 
A basis for the regulation of the disputable tax no longer exists in the present Environmental Protection Act (ZVO-1), and since 1 January 2005 the Environmental Protection Act previously in force can no longer be applied. Consequently, from then on, the Ordinance has been inconsistent with the Environmental Protection Act presently in force.
 
As the Ordinance was inconsistent with the Environmental Protection Act previously in force, as this Act still applied, and is inconsistent with the Environmental Protection Act presently in force, the Constitutional Court annulled it.
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Date of application:
31.01.2006
Date of decision:
28.09.2006
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02893