U-I-18/99

Reference no.:
U-I-18/99
Objavljeno:
Official Gazette RS, No. 29/01 and OdlUS X, 65 | 05.04.2001
ECLI:
ECLI:SI:USRS:2001:U.I.18.99
Act:
Ordinance on the Building Plan Vojkov dom - Obala - TS 5/15 and Part CT 5/14 and T 5/8 - Portorož (Official Publications, No. 17/92), Arts. 9, 16.1
Operative provisions:
Art. 16.1 of the Ordinance on the Building Plan Vojkov dom - Obala - TS 5/15 and Part CT 5/14 and T 5/8 - Portorož (Official Publications, No. 17/92) is annulled in the part relating to the architectonic building situation (sheet 7A). The petition for the commencement of the proceedings for the review of the constitutionality and legality of Art. 9 of the Ordinance on the Building Plan Vojkov dom - Obala - TS 5/15 and Part CT 5/14 and T 5/8 - Portorož (Official Publications, No. 17/92) is dismissed.
Abstract:
The Constitutional Court dismissed the petition since the petitioner erroneously opined that the Ordinance regulated a special proceeding according to which a public administration body decides on the issuance of a building permit and that it was allegedly inconsistent with Art. 14.2 of the Constitution, which guarantees equality before the law.

The Constitutional Court annulled the architectonic building situation which graphically showed the area contrary to the criteria and conditions determined in the Ordinance, what is contrary to the Act on Urban Planning and Other Forms of Land Use.
Password:
Principles of a State governed by the rule of law and social State.
Principle of equality before the law.
Ownership.
Land use planning.
Land use planning conditions.
Graphical appendices to land use implementing acts.
Legal basis:
Constitution, Arts. 2.2, 14, 67
Act on Urban Planning and Other Forms of Land Use (ZUN), Arts. 23, 24, 40
Constitutional Court Act (ZUstS), Arts. 26.2, 45.3
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
municipal regulation
Applicant:
Anton Maglica, Kozine
Date of application:
18.01.1999
Date of decision:
05.04.2001
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN02292