U-I-386/06

Reference no.:
U-I-386/06
Objavljeno:
Official Gazette RS, No. 32/2008 and OdlUS XVII, 11 | 13.03.2008
ECLI:
ECLI:SI:USRS:2008:U.I.386.06
Abstract:
From the provisions of the Aarhus Convention there follows the duty of the state to ensure public participation during the preparation by public authorities of executive regulations that may have a significant effect on the environment. The aforementioned Convention is binding on the Republic of Slovenia, and therefore the legislature should in a law which binds the relevant authority of the executive branch of power to issue executive regulations which regulate the protection of plant and animal species (thus executive regulations from the field of the protection of the environment) also determine procedural rules for the effective participation of the public during the preparations of such regulations. Due to the fact that the Nature Conservation Act, which in its provisions provides the basis for issuing executive regulations in this field, does not regulate the participation of the public during their preparation, it is inconsistent with the Aarhus Convention and consequently it is inconsistent with the Constitution.
 
Due to the fact that the Ordinance Amending the Ordinance on Protected Wild Animal Species was issued in proceedings which contrary to the Constitution are not regulated by the Nature Conservation Act, also this executive regulation is inconsistent with the Constitution.
 
Furthermore, the Rules on the Taking of Brown Bear (Ursus arctos) from the Wild, which was issued on the basis of the Ordinance Amending the Ordinance on Protected Wild Animal Species, which the Constitutional Court abrogated, is inconsistent with the Constitution.
 
The Constitutional Court abrogated the above-mentioned executive regulations and suspended the effects of the abrogation for the period of time that the legislature needs to regulate in the Nature Conservation Act (in accordance with Article 8 of the Act Ratifying the Convention on Access to Information, Public Participation in Decision Making, and Access to Justice in Environmental Matters) the participation of the public during the preparations of regulations determined in the first paragraph of Article 26 and the first paragraph of Article 81 of the Nature Conservation Act and for the period of time which the Government and the competent minister need to issue new executive regulations in proceedings which will be determined by the legislature.
 
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Date of application:
03.10.2006
Date of decision:
13.03.2008
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is inconsistent with the Constitution/statute annulment or annulment ab initio annulment or annulment ab initio
Document:
AN03094