U-I-213/16

Reference no.:
U-I-213/16
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. 
Document in PDF:
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