U-I-30/06

Reference no.:
U-I-30/06
Objavljeno:
Official Gazette RS, No. 23/2006, Official Gazette RS, No. 105/2006 and OdlUS XV, 63 | 28.09.2006
ECLI:
ECLI:SI:USRS:2006:U.I.30.06
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, the Ordinance did not only prescribe an environmental strain tax for air pollution with harmful substances caused by the exhaust gases from cargo vehicles, but also for environmental pollution due to noise and vibrations caused by the aforementioned motor vehicles. Thus, European norms on the content of harmful substances in exhaust gases (EURO norms) could not be the only basis for regulating the amount of the environmental pollution tax. Such burden on persons liable determined on the aforementioned basis did not follow a requirement determined by the Environmental Protection Act previously in force, according to which a tax burden should to the greatest extent possible be proportional to the factual pollution which was paid for by an individual polluter.
 
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:
AN02894