Civil initiative files lawsuit regarding building permit for renovation of Ljubljana market

A civil initiative known as "Tržnice ne damo" has filed an appeal against the recently issued integrated building permit for the renovation of Ljubljana's central market. The appeal was submitted to the administrative court in late April, following the approval of the permit by the Ministry of Environment and Spatial Planning. According to the initiative, the most controversial aspect of the project involves the construction of an underground garage beneath the market. They argue that this violates environmental protection laws and heritage preservation regulations.

The initiative’s lawyer, Luka Švab, explained during a press conference in Ljubljana that the appeal was based on alleged violations of procedural rules, incorrect application of material law—both national and international—and an incomplete assessment of the actual conditions, particularly concerning inadequate professional grounds and solutions. The lawsuit also includes a request to halt the process and refer specific questions to the European Court of Justice, which the initiative believes are crucial to clarify the interpretation of national law.

According to the initiative, which had the status of a third party in the process of issuing the integrated building permit, the most contentious issue is any kind of excavation and the construction of an underground garage. Švab emphasized that the initiative does not oppose the renovation of the market itself but wants to highlight the importance of transparency and legality in such processes, especially when dealing with sensitive environments and cultural heritage. He pointed out that all professional expertise and interested public should have been included in the process, which he claims did not happen.

Marinka Kurilić, a representative of the initiative, stated that the professional community had no opportunity to engage directly with the mayor or his team of experts. She criticized the representatives of the municipality and the designers for not listening to their concerns during oral discussions held at the Ministry of Environment and Spatial Planning. Kurilić also expressed skepticism about the impartiality of the ministry representatives during these discussions.

Švab argued that complex cases like the renovation of Ljubljana's central market and the construction of an underground garage require considering a wide range of expert opinions. He suggested that dialogue should occur at an appropriate level where professionals can engage with each other, acknowledging that differing views exist and must be considered and justified. However, he noted that this did not happen in this case, and the issues were not adequately explained in the permit. He indicated that the court will ultimately have to make its judgment clear.

In the lawsuit filed last week, among other requests, the initiative demands that the matter be returned to the reconsideration process before proceeding further, and that the use of law at the EU level be clarified. They believe that certain parts of Slovenian legislation are inconsistent with international and EU law.

If the administrative court proceeds with the case according to regular procedures, a decision could take several years, according to Švab. He added that due to the filing of the lawsuit, the municipality cannot begin construction work.

The Ministry of Environment and Spatial Planning issued the integrated building permit for the renovation of Ljubljana's central market at the end of April, specifying numerous conditions related to the environment and the protection of cultural heritage. An administrative dispute can be initiated within 30 days of the notification of the decision. Among the third-party participants in the permit issuance process, besides the civil initiative "Tržnice ne damo," there was also the non-governmental environmental organization Alpe Adria Green.

The project to renovate Ljubljana's market is one of the unfulfilled projects from the first election campaign of Mayor Zoran Janković over twenty years ago. It includes a complete renovation and extension of Mahrov House, the construction of a four-level underground public parking garage, and the creation of new commercial spaces. The initiative argues that the current plan fails to address the broader implications of such a significant urban intervention, particularly regarding the impact on the surrounding area and the historical significance of the site. They stress the need for a more inclusive and transparent planning process that respects both legal frameworks and public interest.