Reference no.: |
U-I-154/16 |
Objavljeno: |
Official Gazette RS, No. 74/2018 | 08.11.2018 |
ECLI: |
ECLI:SI:USRS:2019:U.I.154.16 |
Abstract: |
Due to the fact that prior to the categorisation of a public path the municipality did not conclude a legal transaction to acquire land from the petitioner and the fact that an expropriation procedure was not carried out against her, Article 7 of the Ordinance on Categorisation is inconsistent with Article 69 of the Constitution inasmuch as it categorises a path on her land as a public path. As Article 7 of the Ordinance on Categorisation in this part inadmissibly interferes with the property right, it is also inconsistent with Article 33 of the Constitution.
|
Note: |
¤ |
Document in PDF: |
|
Type of procedure: |
review of constitutionality and legality of regulations and other general acts |
Type of act: |
executive regulation |
Applicant: |
Zvezdana Kuhar, Griže |
Date of application: |
31.08.2016 |
Date of decision: |
08.11.2018 |
Type of decision adopted: |
decision |
Outcome of proceedings: |
annulment or annulment ab initio |
Document: |
AN03911 |