Area: Okolje in prostor
Competent authority: MNZ, MOP, MzI
EZU URL: .nan
Initiative ID: 47
Initiative accepted and completed: '2012-09-25'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-09-17'
Initiative published: '2012-09-17'
Initiative submitted: '2012-09-17'
Response from the competent authority: Response of the Ministry of Justice and Public
  Administration:We thank you for your initiative, but we cannot take it into account
  in the proposed form for the reasons set out below.Article 66(2) of the Law on Administrative
  Offences requires that the application must be accompanied by the elements provided
  for by another law or regulation. This provision, together with the requirement
  laid down in the first paragraph of the same Article, allows for other mandatory
  elements of the application to be laid down by sectoral regulations, on which the
  formal completeness of the application depends, and thus the formal opening of the
  declaratory and evidentiary procedure. The ZUP, as a general procedural law, thus
  indicates the possibility of extending the scope of the formal elements of the application
  set out therein to others, in order to meet the needs of decision-making in certain
  administrative matters governed by sectoral regulations (e.g. ZGO-1). However, it
  should be borne in mind that even if the ZUP did not have a valid provision of Article
  66(2), the sectoral regulations could lay down additional elements different from
  those laid down in the ZUP, since in such cases the ZUP applies only subsidiarily
  or subordinately (see Article 3 of the ZUP), i.e. to the extent and in respect of
  those procedural institutions which are not otherwise laid down in the sectoral
  law.With regard to the formal elements of applications, the Ministry of Justice
  and Public Administration notes that the provisions of the sectoral regulations
  on this subject often go beyond the basic purpose of determining the formal elements,
  and hence the need to derogate from the general rules, by extending their scope
  to include substantive elements on which the substantive decision on the application
  depends, but which are not essential for the initiation of proceedings. The Commission
  will therefore try to limit this practice as much as possible by amending the ZUP,
  which would make it impossible to unduly delay the initiation of proceedings on
  the ground of failure to submit evidence which is not decisive for this purpose,
  and thus shorten the time limit for service of the administrative act.As regards
  the specific initiative, it should be noted that there is no need to amend the ZUP
  merely to establish the fiction of a positive decision in a sectoral law. In such
  a case, the applicant will have to prove, at the time of the formal request, that
  the consent has been issued fictitiously instead of actually having been issued,
  which will normally be done by means of proof of the submission of the application
  or a certificate from the authority that the application for consent has been submitted.
  On this basis, the authority to which an application is submitted, which must include
  the prior consent of another authority, will also be required to consider the application
  formally complete and to take such evidence into account in the procedure.Response
  from the Ministry of Infrastructure and Spatial Planning:The request of the applicant
  relates to the amendment of the General Administrative Procedure Act (GAPA), which
  is under the competence of the Ministry of Justice and Public Administration, and
  indirectly also to the Regulation on the burden of waste on soil, which is under
  the competence of the Ministry of Agriculture and the Environment. In view of the
  fact that the petitioner's allegations also refer comparatively to the amended provisions
  of the Act on the Construction of Buildings (ZGO-1), we would like to point out
  that the Act on Amendments and Additions to the Act on the Construction of Buildings
  (Official Gazette of the Republic of Slovenia No 57/12) introduced a legal presumption
  that the silence of the authority competent to grant consent after the expiry of
  the time limit laid down in the ZGO-1 implies that consent has been granted. The
  above-mentioned regulation, which is also known to the Ministry responsible for
  the environment, is thus applicable in the field of construction.
Text file: 47.txt
Title: Proposal for amendment of the UDHR
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=47
