100th Correspondence Session of the Government of the Republic of Slovenia
The Government adopts its opinion on the proposal by Members of the Parliament on the construction of the C0 connecting canal and gives its consent to the amendments to the Draft Resolution on the National Drug Programme 2023–2030.
Opinion on the proposal by the Members of the Parliament on the construction of the C0 connecting canal
The Government of the Republic of Slovenia has adopted an opinion on the proposal for a recommendation from a group of Members of Parliament (first signatory: Jelka Godec), which has addressed a proposal for a recommendation to the Government on the grounds of disrespect for and disregard of the rule of law in the process of building the C0 connecting canal.
The Government replies that drinking water is one of its priorities. Many projects are currently being implemented to provide a drinking water infrastructure. One of the key projects in this area will be the provision of drinking water to Slovenian Istria and the Karst hinterland, where all the bases for co-financing have already been secured for short-term solutions, and expert bases are currently being intensively prepared for medium- and long-term solutions.
The Environmental Protection Utilities Act is under public review and will make an important contribution to improving the provision of the public utility of drinking water supply. It is also planned to upgrade the Water Act, in which, in connection with a ruling of the Constitutional Court of the Republic of Slovenia, the protection of water resources is to be improved at the level of the law.
Activities to prepare or upgrade the legal and regulatory provisions are ongoing or have already been completed. The documentation relating to the construction of the C0 canal has also been examined in detail, in particular with regard to the use of legal remedies and the related measures to delay or stop construction on this project. The procedures for the siting of the route have also been analysed in detail. At this point in time, there is no basis for taking action to suspend the implementation of the project – the construction of the C0 connecting canal. The Republic of Slovenia is not the investor, and therefore the only person who can stop the construction at this moment is the investor. In fact, the Inspection has so far found no irregularities in the procedures that have already been completed. However, some procedures are still in the fact-finding phase.
The Government has concerns about the proposal to prepare a basis for action by the competent authorities to remedy the illegalities and irregularities in the C0 connecting canal construction project. The biggest obstacle is the identification of illegalities or irregularities. Merely alleging them does not constitute a sufficient basis for action.
In fact, in 2020, the then Ministry of the Environment and Spatial Planning (MOP) had, on the basis of the Recommendations on the protection of drinking water in the Ljubljana aquifer, already initiated ex officio proceedings to assess the correctness and legality of all decisions and decrees issued by the Ljubljana Administrative Unit and the Slovenian Environment Agency, in proceedings relating to the intervention – the construction of the public connecting canal C0 in the area of the Ljubljana Polje aquifer. The MOP examined the above-mentioned specific administrative acts in the context of the extraordinary legal remedies under the Administrative Procedure Act (ZUP) and found that there were no grounds for termination, cancellation or annulment of the administrative acts. As no grounds for termination, cancellation or annulment of the decisions and decrees were found, the MOP issued decisions to discontinue the proceedings in accordance with the ZUP. In fact, breaches of legality or irregularities in the procedure for issuing an administrative act outside the grounds and conditions laid down in the ZUP cannot constitute grounds for cancellation or annulment of an administrative act. On 28 September 2021, the MOP also issued a decision annulling the building permit of 18 January 2021 for the construction of the C0 canal with the installation of an installation tube, on the plot in cadastral municipality 1737 Ježica, parcel no. 1854, issued by the Ljubljana Administrative Unit – the Administrative Court of the Republic of Slovenia annulled the decision of the MOP and referred the case back to the Administrative Court for a new procedure on 9 June 2022. On 14 July 2022, in the light of the references contained in the judgement, the MOP discontinued the proceedings for annulment of the building permit in question.
Source: Ministry of Natural Resources and Spatial Planning
Consent to the amendments to the Draft Resolution on the National Drug Programme 2023–2030
The Government has given its assent to the amendments prepared by the Ministry of Health to the Draft Resolution on the National Drug Programme 2023–2030.
The new material has been editorially corrected and there have been no substantive changes. The amendments also brought the text of the draft Resolution into line with the comments of the Legislative and Legal Service of the National Assembly.
Source: Ministry of Health