Up-582/17

Reference no.:
Up-582/17
ECLI:
ECLI:SI:USRS:2019:Up.582.17
Abstract:
When adopting an omnibus decision, the content of an accessory act is essential for a decision on an administrative matter; therefore, a party in an administrative procedure must have the possibility to be notified of the entire content of the accessory act. Conduct other than such entails an interference with the right determined by Article 22 of the Constitution. From Article 22 of the Constitution (the right to a reasoned judicial decision) there follows the obligation of the court to dismiss in a reasoned manner the party’s motion to hold a main hearing if it deems that the conditions for a decision without a main hearing are fulfilled, as well as the obligation of the court to state the legal basis for such decision.
Note:
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Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
RTG SLIVNIŠKO JEZERO, fisheries, tourism, catering, d. o. o., Gorica pri Slivnici
Date of application:
04.07.2017
Date of decision:
21.11.2019
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio annulment or annulment ab initio
Document:
AN03975