Area: Okolje in prostor
Competent authority: MOP, MzI
EZU URL: .nan
Initiative ID: 186
Initiative accepted and completed: '2013-08-30'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-08-14'
Initiative published: '2013-08-14'
Initiative submitted: '2013-08-13'
Response from the competent authority: Response of the Ministry of Agriculture and
  Environment, Slovenian Environment Agency The initiative makes a number of proposals
  to ensure that the procedures necessary for the start of construction proceed smoothly
  and are completed within deadlines that do not cause unnecessary delays for investors.
  The petitioner draws attention in particular to the failure to comply with the legal
  rules, but at the same time proposes certain measures to show the true state of
  play in this area and thus encourage improvements. It should be made clear at the
  outset that the State administration has no wish to hinder economic and other social
  development, but is tasked with enforcing the applicable law, which is increasingly
  extensive and is primarily intended to protect the public interest (e.g. protection
  of the status of water, the water regime, etc.). It should also be made clear that
  the issuing of administrative acts is not a mechanical process, that the civil service,
  in all its parts, has only a limited (and diminishing) staffing potential, and that
  it must ensure basic procedural fairness in that it deals with applications that
  arrive earlier before those that arrive later. The initiative specifically points
  out that in one case the Environment Agency decided on an application after the
  expiry of the legal deadline. It should be recalled that each administrative authority
  is required to take a decision on an application it receives by means of an administrative
  act. The expiry of the statutory time limit does not therefore mean that the authority
  is not required to, or even may not, decide on the application. The legal consequences
  of missing that deadline must or may be applied by the administrative authority
  whose decision depends on the decision of the Environment Agency, in this case the
  administrative unit. The incorrect action of that authority may be the subject of
  legal remedies. It should also be pointed out that, notwithstanding the expiry of
  the statutory time-limit, until the building permit has been issued, a decision
  refusing water consent must be issued and notified to the competent administrative
  authority for building matters, which then suspends the procedure until the decision
  to issue water consent has become final (paragraph 10 of Article 153 of the Act
  on Water). Response of the Ministry of Infrastructure and Spatial Planning We at
  the Ministry of Infrastructure and Spatial Planning are aware that even in cases
  where we amend the legislation in favour of the investor, in practice there are
  some incorrectly managed procedures by individual administrative employees of the
  administrative body. In such cases, it is best to bring the manner of work and the
  conduct of the procedure to the attention of the superior of the administrative
  worker, or to propose to the competent ministry to carry out an administrative control
  over the work of the first instance body.  In order to avoid situations such as
  the one you describe in your letter, the Ministry, when preparing a new concept
  of normative changes in the field of spatial planning and building construction,
  is considering integrating the procedures for issuing consents into the procedure
  for issuing building permits and, in the event of non-cooperation by the consenting
  authority, involving suitably qualified experts in various fields.Pending the adoption
  of the new concept, the Ministry is focusing its efforts on monitoring the work
  of the administrative authorities in the management of the procedures and the issuing
  of building permits, and eliminating and changing inappropriate practices through
  training and administrative supervision.
Text file: 186.txt
Title: Lengthy building permit procedures
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=186
