U-I-26/97

Reference no.:
U-I-26/97
Objavljeno:
Official Gazette RS, No. 68/00 and OdlUS IX, 197 | 13.07.2000
ECLI:
ECLI:SI:USRS:2000:U.I.26.97
Act:
Agricultural Lands Act (Official Gazette RS, No. 59/96) (ZKZ), Art. 115.2, first sentence, Art. 115.2, second sentence
Operative provisions:
The first sentence of Art. 115.2 of the Agricultural Lands Act (Official Gazette RS, No. 59/96) is annulled. In Art. 115.2, second sentence, of the same Act the words " irregularities and" are annulled.
Abstract:
Since the State cannot lay the consequences of State bodies' activities on the individuals, the interference with the rights of land merger participants in a manner determined by the challenged regulation is not allowed and much less necessary. A goal of the effective conclusion of land merger procedures which are not completed for the mentioned reasons can be achieved and should be achieved in other ways which would not interfere with the rights of land merger participants. The challenged regulation is thus inconsistent with Arts. 2, 14.2, 25 and 33 of the Constitution.

The annulment of part of Art. 115 of the Agricultural Lands Act will affect the land merger participants who are already entered in the land register as owners on the basis of a plan of new division and issued decisions on the new division in those cases in which an appeal is granted or in cases in which in the framework of judicial protection (judicial review of administrative acts) a suit is granted and, due to the remedying of irregularities, a decision on the allocation of a land will need to be changed. In these cases the matter will also concern an interference with the ownership right which is in contrast to the previously discussed interference constitutionally admissible since it is in conformity with the principle of proportionality.
Password:
Constitutional Court, interpretative decision.
Statute, legislature, field of discretion.
Land merger, procedure, legal remedies.
Agricultural land, land merger.
Protection of the ownership right.
Public interest (expropriation).
Ownership, expropriation (public interest).
Principles of a State governed by the rule of law.
Right to legal remedies.
Land merger, division of lands, compensation.
Principle of trust in the law.
Lands, proper exploitation of lands.
Ownership, economic function of ownership.
Principle of legal certainty.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 2, 14.2, 15, 25, 25, 33, 67, 71.1
Constitutional Court Act (ZUstS), Art. 43
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
act of a local community
Applicant:
Alojz and Ivanka Stibilj, Ajdovščina
Date of application:
28.01.1997
Date of decision:
13.07.2000
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02125