Reference no.: |
U-I-213/16 |
Objavljeno: |
Official Gazette RS, No. 4/2020 | 09.01.2020 |
ECLI: |
ECLI:SI:USRS:2020:U.I.213.16 |
Abstract: |
Due to the fact that the municipality did not conclude a legal transaction to acquire land from the petitioners, and the fact that an expropriation procedure was not carried out against them, Article 8 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a path on their land as a public path. As Article 8 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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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: |
Uroš Špenko, Smlednik |
Date of application: |
23.11.2016 |
Date of decision: |
09.01.2020 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio other resolutions |
Document: |
AN03964 |