U-I-268/96

Reference no.:
U-I-268/96
Objavljeno:
Official Gazette RS, No. 1/2000 and OdlUS VIII, 268 | 25.11.1999
ECLI:
ECLI:SI:USRS:1999:U.I.268.96
Act:
Housing Act (Official Gazette RS, Nos. 18/91, 9/94, 21/94 and 23/96) (SZ), Arts. 123.2, 125. 3,4,5,7 and the first sentence of 8
Operative provisions:
Art. 123.2 of the Housing Act is not inconsistent with the Constitution. Art. 125.3 and 4 of the Housing Act are not inconsistent with the Constitution. Art. 125.5 and 7 and the first sentence of 8 of the Housing Act are annulled.
Abstract:
Art. 123.2 and Art. 125. 3 and 4 of the Housing Act are not inconsistent either with Art. 140, or with Art. 33, of the Constitution.

However, Para. 5 (and therefore Para. 7 and the first sentence of Para. 8) of Art. 125 entails an interference with the ownership right to apartments obtained in accordance with the Housing Act, which cannot be justified by reasons embodied in the Constitution (Art. 67 of the Constitution). Thus, the Constitutional Court annulled the mentioned paragraph.
Password:
Slovenian Compensation Fund, sources of funds (purchase price for nationalized apartments sold).
Apartments, the selling of nationalized apartments, purchase price.
Apartments, ownership transformation, privatization.
Apartments, the privatization of apartments.
Denationalization, apartments.
Municipality, the ownership of apartment units.
Ownership, the municipal ownership of apartment units.
Principle of equality before the law.
Apartments, the disposal of them in legal transactions (limits). Principle of proportionality.
Ownership, the economic, social and environmental function of ownership.
Dissenting opinion of a Constitutional Court judge.
Partly dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 14, 67, 140
Denationalization Act (ZDen), Arts. 3, 4, 49
Slovenian Compensation Fund Act (ZSOS), Art. 9
Constitutional Court Act (ZUstS), Arts. 21, 43
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Applicant:
Municipal Council of Tolmin Municipality
Date of application:
26.07.1996
Date of decision:
25.11.1999
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute
Document:
AN01862