A case on the right of legal persons to apply to the State forest land for creation of wind power stations has been initiated
A case has been initiated before the Constitutional Court on compliance of Paragraph 142.4 of the Cabinet Regulation No. 350 of 19 June 2018 “Regulations on Lease of Land of a Public Person and the Right to Construction” with the first sentence of Article 91 of the Constitution.
The applicant is a capital company whose primary type of economic activity is generation of electric power by using wind power stations. The contested provision prohibits the legal entities subject to private law, including the applicant, to apply for the State forest lands to create wind power stations, as opposed to State capital companies, and thus the fundamental rights of the applicant included in the first sentence of Article 91 of the Constitution are infringed on.
The Constitutional Court requested the institution that issued the contested provision – the Cabinet of Ministers – to submit, by 22 July 2024, a letter with a reply detailing the circumstances of the mater along with the legal rationale.
The deadline for the preparation of the case is 22 October 2024. The Court will decide on the procedure and date for hearing the case once the case is prepared.
Related Case: 2024-10-03
Linked case: 2024-10-03