Constitutional Court of Slovenia
Stanislav and Uroš Zavodnik and one other
Government of Slovenia
The plaintiffs challenged an ordinance establishing noise protection zones in the municipality of Ravne na Koroškem, in Slovenia. Despite regulations designating living environments as part of Noise Protection Zones II or III, their area was classified as Noise Protection Zone IV. This classification contradicted the Noise Regulation, which prohibited dwellings in Zone IV.
Citing this inconsistency, the plaintiffs argued that the ordinance violated the Noise Regulation. They also contended that it infringed upon Article 72 of the Constitution (R2HE) and Article 14(2) (equal protection), as their living areas were designated differently from those of others. They demanded appropriate relocation and compensation if noise sources couldn’t be mitigated, and opposed the adoption of the disputed ordinance section.
In November 2005, the Slovenian Constitutional Court revoked the challenged ordinance, and thus didn’t further examine the plaintiffs’ other complaints.
The Court found that the rule didn’t follow noise regulations because it placed residential areas into a zone meant for other purposes, which could harm people’s health. This conflict also violated the Constitution’s R2HE.
Although the plaintiffs sought annulment or repeal of the contested ordinance section, they failed to specify any additional harmful consequences requiring rectification. Consequently, the Constitutional Court simply annulled the ordinance section.