Razlastitev zaradi izkoriščanja naravnih virov

slovenian

2025

volume 51, issue 6/7

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Expropriation, as an interference with constitutionally protected property rights, is permissible only when three conditions are cumulatively met: the existence of public interest, a fair and lawful procedure, and the provision of adequate compensation. The central issue in contemporary expropriation law is the assessment of public interest, which must be evaluated through the proportionality test. In Slovenia, the legal framework is shaped by the Constitution and the Spatial Planning Act (ZUreP-3), complemented by sectoral legislation such as the Mining Act and the Water Act. Expropriation for the exploitation of mineral resources and water is justified, as these are natural assets of strategic significance, constitutionally recognized as matters of public interest. The state acts as the holder of this interest, yet decision making body must carefully balance in each case the restriction of property rights against the broader societal benefit of ensuring access to essential resources. This balance safeguards both individual rights and sustainable management of natural wealth.

08.12.2025