Spatial Planning Law

Course type

Study programme and level

Graduates, Law and Management of Infrastructure and Real Estate

Language

slovenščina

Lectures	Seminar	Tutorial	Druge oblike študija	Individual Work	ECTS
35		30		85	6

Study programme and level	Study field	Academic year	Semester
I. level	Law and Management of Infrastructure and Real Estate	3	1

Course type

Optional

Workload	Lectures (h/semester)	Seminar (h/semester)	Tutorial (h/semester)	Individual Work (h/semester)	ECTS
	35		30	85	6

Lecturer

mag. Marko Starman

Language

English

Prerequisites

Enrollment into 3rd year of study.

Content (Syllabus outline)

–    Spatial planning as a political, economic and constitutional process.
–    Harmful practices at the state and municipal levels.
–    Economic interpretation.
–    Examples such as house building.
–    Constitutional legal view between individual and public interest.
–    How to change the status, e.g. active land policy?
–    Spatial Planning Act.
1. Why the new legislation?
2. Major new features.
3. Types of spatial planning documents, schedule of preparation and adoption of acts.
4. Transition to the new system.
5. Obligations of municipalities.
6. Change of SPA.
7. Siting of Transport, Energy and Water Infrastructure Arrangements Act.

Study Literature

–    R.H. Coase, “The Firm the Market and the Law” Chicago, London, 1988.
–    Richard Posner, “Economic analysis of Law” Boston, Toronto, London 1992.
–    R.H., Towards Juristocracy: The Origins and Consequences of the New Constitutionalism, First Harvard University Press, 2007.
–    Fischel, William A. ” The economics of zoning laws” The Johns Hopkins University Press 1985.

Objectives and competences

The course consists of a general part, which deals with the role of real estate and space as economic and legal category and of a special part where we deal with the Act on Spatial Planning (ZPN) as well as with some parts of the Construction Act. Using the approach that provides an economic analysis of legal institutions students learn about planning and available space as a category of economic policy. At the same time students learn to regulate the real estate subject to the constitutional protection of the right to private property, and other constitutionally protected interests, such as the right to a healthy environment, the protection of agricultural land, etc..
In a separate section, the student presents the basic principles, such as the objectives of the Green Belt and the procedure for the adoption of spatial plans both at national and at local and regional level by showing practical significance and consequences. Specially treated cases housing the practical implications.

Intended learning outcomes

Student:
– Understands spatial planning as interleaving authoritative and professional activity at the state and local level,
– Understands the importance and implications of planning for the economy, environment and quality of life of individuals,
– Knows and understands the role of each actor in the adoption of spatial plans,
– Knows and understands types of individual spatial acts and their mutual dependence,
– Knows and understands examples of good and bad practice at different levels of decision-making and can be critical to identify practical examples.

Learning and teaching methods

– Lectures with students active participation (presentation, discussion, questions, examples, problem solving);
– Exercises;
– Individual and / or group consultations (discussion, additional explanation, specific questions).

Assessment

Written and oral examination.

Lecturer’s references

Articles:

1. Park Strunjan – cases and controversies«, Public Enterprise Quarterly Journal, vol. 20, no. 1-2, 2014. ISSN – 0351 – 3564, september 2014
2. »Litigation procedure between member states – the dark (economic) side of the gass terminals«, Podjetje in delo, št. 6-7/2011
3. »Interplay between housing policy and policy of public procurement Public administration, number 43/.3-4/Ljubljana 2007, page. 111-123; UDK 351.712:349.44,
4. »Zoning regulation on the Constitutional court”, UPRAVA – administration, year VI, no. 3, October 2008; UDK: 711:342.565.2;

Lectures and studies:

1. XIII. Dnevi javnega prava in javnega managementa,- annual meeting on public law and administration 7^th of June .2007, Portorož,, Financing of public private partnership from EU funds, Housing law, video surveillance and personal data protection
2. Acquisition of real estate in EU member states, 3.-5^th .November, 2008, Taiex workshop, Ankara
3. Co-author of a study commissioned by the of Ministry for environment on the “Legal aspects of the pre-litigation procedure before the European Commission in accordance with Article 259 of the Treaty on the Functioning of the European Union regarding placement of gas terminals in the Gulf of Trieste and its coastal area« produced by the Law school of Maribor,September 2010;
4. Co-author of the study on the partial devolution of the powers of the Constitutional court on administrative courts (third paragraph of the article 160 of the Constitution), Ljubljana: National Assembly of the Republic of Slovenia, 2010

5. »Legal aspects od environmental protection«, Center for judicial trainning, 2.-3. april 2012