U-I-87/91

Reference no.:
U-I-87/91
Objavljeno:
Official Gazette of the Republic of Slovenia, no. 8/93 and OdlUS II, 10 | 28.01.1993
ECLI:
ECLI:SI:USRS:1993:U.I.87.91
Act:
Decree of the Municipal Assembly of Mozirje on managing public pathways on the territory of the Municipality of Mozirje (Off. Gaz. SRS, no. 2/87), insofar as it relates to the public path Renek - most (bridge).
Operative provisions:
The impugned provision of the decree is annulled.
Abstract:
The list of public paths which is a constituent part of the municipal decree on managing puplic paths is not in accordance with article 33 (right to private property) and article 96 (dispossession) of the Constitution, because it includes among public paths, a path in private ownership.
Password:
Classifying paths as public paths - transformation of private property into social/public property without concluding a legal contract or the legal process of expropriation/dispossession.
Legal basis:
Constitution 1991, article 96 and 33, article 161.
Action by a natural person
Local authorities - municipalities
Right to property
Constitutional Proceedings - Annulment - Retrospective effect
Document in PDF:
The full text:
U-I-87/91-23
28.1.1993
 
RESOLUTION
 
At a meeting held on 28.1.1993, the Constitutional Court, in a procedure for assessing constitutionality and legality initiated by Stanko Gašparič from Spodnja Rečica, represented by Avgust Ribič, lawyer in Velenja
 
passed the following resolution:
 
In the inventory of public paths which is a constituent part of the decree of the Assembly of the Municipality of Mozirja on managing public paths on the territory of the Municipality of Mozirja (Off. Gaz. SRS, no. 2/87), point 22, the words "II Renek - most - o.15 km" shall be deleted.
 
This decision has legal effect according to articles 414 and 415 of the Constitution of 1974.
 
Reasoning
 
The initiator claims that including among public paths the path Renek - most, which passes over private property, is in conflict with articles 3 and 12 of the law on public roads, according to which public roads and public paths are social/public property.
 
By resolution no. U-I-87/91-7 of 23.1.1992, the Constitutional Court accepted the initiative and started the procedure.
 
The Constitutional Court found that by the impugned part of the decree, the Assembly of the Municipality of Mozirje included among public paths the path Renek - most, which passes over plot no. 176, k.o. Spodnja Rečica, which is the private property of the initiator and his wife, and plot no. 60/1, k.o. Spodnja Rečica, which is the private property of another citizen, without changing the private ownership of the mentioned plots into public ownership by previously concluding a legal contract for obtaining public ownership or initiating the legal procedure for dispossession or obtaining puplic ownership on some other legal basis. So the impugned part of the municipal decree referred to is not in accordance with article 33 (right to private property) and article 96 (dispossession) of the Constitution.
 
With decision no. U-I-87/91 of 16.4.1992, the Constitutional Court defined a time limit until 31.12.1992 for the Assembly of the Municipality of Mozirje, on its own suggestion, in which to themselves correct the unconstitutionality of the impugned part of the decree.
 
Because the Assembly of the Municipality of Mozirje did not correct the established unconstitutionality within the time limit, the Constitutional Court decided as stated in the Disposition of this Decision, on the basis of article 161 of the Constitution, article 7 of the constitutional law for implemnting the Constitution of the Republic of Slovenia and line 2 of the third paragraph of article 25 of the law on procedures before the Constitutional Court of SR Slovenia (Official Gazette SR Slovenia, no. 39/74 and 28/76).
 
The Constitutional Court adopted this decision at a session attended by: President Dr. Peter Jambrek and judges Mag. Matevž Krivic, Mag. Janez Snoj, Dr. Janez Šinkovec and Dr. Lovro Šturm.
 
 
President
Dr. Peter Jambrek
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Slavko Gašparič, Sp. Rečica
Date of application:
03.10.1991
Date of decision:
28.01.1993
Type of decision adopted:
decision
Outcome of proceedings:
annulment ab initio of an executive regulation /regulation for exercise of public authority
Document:
AN00180