DistantNews
Slovak Constitutional Court Rules Parts of Heating Cost Decree Unconstitutional
🇸🇰 Slovakia /Elections & Politics

Slovak Constitutional Court Rules Parts of Heating Cost Decree Unconstitutional

From SME · (9m ago) Slovak

Translated from Slovak, summarized and contextualized by DistantNews.

TLDR

  • The Constitutional Court of Slovakia ruled that parts of a Ministry of Economy decree on allocating heating costs in apartment buildings are unconstitutional.
  • The challenged provisions, concerning the calculation method for residents with individual heating systems contributing to central heating costs, were deemed incompatible with the constitution and human rights conventions.
  • The ruling, which impacts the calculation method effective from December 15, 2024, was initiated by a group of opposition lawmakers concerned about property rights violations.

The Slovak Constitutional Court has delivered a significant ruling, declaring parts of the Ministry of Economy's decree on heating cost allocation unconstitutional. This decision, stemming from a challenge by opposition lawmakers, addresses a contentious issue where individuals with independent heating systems were compelled to contribute to the costs of those connected to central heating. The court's finding that these provisions violate constitutional rights, including property rights and the European Convention on Human Rights, underscores a victory for citizens seeking greater autonomy and fairness in utility cost distribution.

Časť vyhlášky Ministerstva hospodárstva (MH) SR, ktorá sa týka spôsobu rozpočítavania nákladov na teplo v bytových domoch, je v rozpore s ústavou.

— SMEReporting on the Constitutional Court's decision.

For years, homeowners who invested in individual heating solutions to gain independence have been burdened by contributions to central heating costs, even when not utilizing the service. The opposition lawmakers rightly pointed out that this situation represents an unconstitutional infringement on their property rights, particularly when the mandatory contribution could amount to up to 100 percent of their apartment's floor area costs. This ruling validates their concerns and provides a crucial legal precedent.

Ustanovenia vyhlášky na ÚS napadla skupina opozičných poslancov Národnej rady SR.

— SMEExplaining the origin of the legal challenge.

The effective date of this new calculation method, December 15, 2024, means that the unconstitutional provisions would have directly impacted residents. The Constitutional Court's intervention ensures that such unfair practices are halted, aligning the regulations with fundamental rights and principles of justice. This case highlights the importance of judicial review in safeguarding citizens' rights against potentially overreaching administrative decrees.

Povinnosť vlastníkov odpojených bytov prispievať na základnú zložku nákladov na vykurovanie predstavuje podľa skupiny poslancov neústavný zásah do ich vlastníckeho práva.

— SMEDetailing the opposition's argument regarding property rights.
DistantNews Editorial

Originally published by SME in Slovak. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

More Stories

From Our Blog