U-I-40/01

Reference no.:
 U-I-40/01
Objavljeno:
 OdlUS X, 75 | 12.04.2001
ECLI:
 ECLI:SI:USRS:2001:U.I.40.01
Act:
 Ordinance on the Amendment to the Ordinance on the Amendment to Land Use Components of the Long-Term and Middle-Term PLAN of Piran Municipality (Official Publications, No. 49/2000)
Operative provisions:
 The petition for the commencement of proceedings for the review of the constitutionality and legality of the Ordinance on the Amendment to the Ordinance on the Amendment to Land Use Components of the Long-Term and Middle-Term Plan of Piran Municipality (Official Publications, No. 49/2000) is rejected.
Abstract:
 According to Art. 24.2 of the Constitutional Court Act (Official Gazette RS, No. 15/94 - hereinafter ZUstS), the legal interest for filing a petition is demonstrated if the regulation or the general act for the exercising of public authorities, whose review is requested by the petitioners, directly interferes with their rights, legal interests or legal position. In accordance with the established Constitutional-Court case law, legal interest must be direct and concrete. A general and abstract legal interest that anyone can have does not suffice. The general right to walks, recreation and free access to the sea, to which the petitioners refer, is not enough. The petitioners must demonstrate that the challenged regulation directly interferes with their own rights, legal interests or legal positions and that the granting of their proposal would result in a change in their legal position. The general right of all to free access and movement around the sea and sealands is not enough to fulfill the procedural requirement determined in Art. 24 of the Constitutional Court Act.
Password:
 Demonstrated legal interest as a procedural condition for the commencement of proceedings before the Constitutional Court on the basis of a petition.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
 Constitutional Court Act (ZUstS), Art. 25
Document in PDF:
Type of procedure:
 review of constitutionality and legality of regulations and other general acts
Type of act:
 municipal regulation
Applicant:
 Andrej Susman and others, Piran and Portorož
Date of application:
 12.02.2001
Date of decision:
 12.04.2001
Type of decision adopted:
 ruling
Outcome of proceedings:
 rejection
Document:
 AN02364