U-I-139/15

Reference no.:
U-I-139/15
ECLI:
ECLI:SI:USRS:2020:U.I.139.15
Operative provisions:
 
Abstract:
One constitutional restriction that is binding on the drafter of a spatial act when defining the content of spatial acts is also the right to private property determined by Article 33 of the Constitution. A local community must be particularly careful when preparing a municipal spatial plan by which it changes the category of existing land use from building land to land that may not be built on. Taking into account the concrete circumstances of the case, already in the phase of the adoption of the municipal spatial plan it must also assess whether it ensured a fair balance between the interests of the community and the interests of an individual protected by the right to private property, which is determined by Article 33 of the Constitution. It must assess whether there exists a reasonable relationship of proportionality between the benefits pursued by the measure and the disadvantages that the measure entails for the real property owner. It must take into account that the required balance cannot be attained if the affected person must bear an individual and excessive burden. 
Note:
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The full text:
 
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Miodrag Dakič, Ljubljana
Date of application:
18.09.2015
Date of decision:
23.04.2020
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is inconsistent with the Constitution/statute
Document:
AN03999