The right of displaced inhabitants in dispersed settlements to special regulation of accessibility to public passenger road transport services

english

2015

volume 41, issue 8

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The author of the article deals with the regulation of accessibility of inhabitants in the Republic of Slovenia to the public passenger (road) transport services and establishes that the standard of accessibility has been established in compliance with the traditional theory of distributive justice, which includes inhabitants of settlements with 200 and more inhabitants. An accessibility to the public passenger transport services is importance condition for exercising the human right of inhabitants to mobility as a condition for exercising the human right to freedom, and at the same time it is the condition for exercising numerous other human rights, mostly the right to work, to health, to education, to cultural, etc. The author notes that in compliance with the theory of distributive justice the established standard of accessibility is not adequate for displaced inhabitants in mountainous and hilly areas. In accordance with the human right to equality relating to the principle of justice as the essence of the principle of the rule of law these inhabitants should be positively discriminated by use of the Rawls's theory of social justice and the Kaufmann's theory of personal justice, so that a special standard of accessibility will be established for them by organising special forms of public transport and an increase in funds from public sources for their co-financing. On the basis of these findings the author formulates the proposals for the regulator concerning changes in the existing regulation.

19.01.2017