Constitutional Court dismisses challenge to Veles waste collection fee
Court ruled the municipal decision of 14 June 2023 was adopted under valid legal rules and dismissed the initiative as unfounded.
The Constitutional Court has dismissed an initiative challenging the legality of the fee set for collection of municipal and industrial waste by the Municipality of Veles. The municipal council adopted the contested decision on 14 June 2023.
Court's reasoning and legal basis
In its decision the Court concluded that the municipal act changing the fee for collection and transportation of municipal and non-hazardous industrial waste was adopted on the basis of relevant legal regulations that were in force and producing legal effect at the time the decision was made.
“The price of the service is determined on the basis of the methodology for calculating the price for collection, transport and removal of waste, which is valid until the day of commencement of application of the rulebook for determining waste tariffs. Therefore, the Court assessed that the constitutionality of the contested decision cannot be questioned with regard to Article 8, paragraph 1, subparagraphs 1, 3, 9 and 10 and Articles 9, 51, 52 and 54 of the Constitution of the Republic of North Macedonia, as well as Articles 107, 108, 109 and 110 of the Law on Waste Management, which establish the procedures for determining the price for collection of municipal waste,” reads the reasoning of the Constitutional Court's decision.
The Court found the claims contesting the legality and constitutionality of the municipal act to be unfounded. It noted that the Municipality of Veles had a legal basis to adopt the measure in accordance with the regulations applicable at the moment of its adoption.
With the rejection of the initiative, the challenged council decision remains in force and the legal challenge brought before the Constitutional Court has been closed by that ruling.
Photo: СДК.МК)
