Reference no.: |
U-I-401/18 |
Objavljeno: |
Official Gazette RS, No. 69/2019 | 07.11.2019 |
ECLI: |
ECLI:SI:USRS:2019:U.I.401.18 |
Abstract: |
Due to the fact that before categorisation of a local road the municipality did not conclude a legal transaction to acquire land from the petitioner, and the fact that an expropriation procedure was not carried out against him, Article 4 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a road on his land as a public road. As Article 7 of the Ordinance on Categorisation in this part inadmissibly interferes with the property right, it is also inconsistent with Article 33 of the Constitution.
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Note: |
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Document in PDF: |
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Type of procedure: |
review of constitutionality and legality of regulations and other general acts |
Type of act: |
municipal regulation |
Applicant: |
Ivan Jenko, Škofja Loka |
Date of application: |
07.06.2018 |
Date of decision: |
07.11.2019 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN03957 |
