Rule of Law in Slovenia

Justice

Effective justice systems are essential for upholding the rule of law. Independence, quality and efficiency are the defined parameters of an effective justice system, whatever the model of the national legal system and tradition in which it is anchored. Whilst the organisation of justice in the Member States falls within the competence of the Member States, when they are exercising that competence, Member States must ensure that their national justice systems provide for effective judicial protection. The independence of national courts is fundamental to ensuring such judicial protection. National courts ensure that the rights and obligations provided under EU law are enforced effectively. As re-affirmed by the European Court of Justice, the very existence of effective judicial review to ensure compliance with EU law is of the essence for the rule of law. Effective justice systems are also the basis for mutual trust, which is the bedrock of the common area of freedom, justice and security, an investment friendly environment, the sustainability of long-term growth and the protection of EU financial interests. The European Court of Justice has further clarified the requirements stemming from EU law regarding judicial independence. The case-law of the European Court of Human Rights also provides for key standards to be respected to safeguard judicial independence.

Independence

yellow
An investigation opened in the beginning of 2019 by a Parliamentary Inquiry Committee envisaged looking into actions of prosecutors and judges in concrete criminal cases.
View source | Our evaluation: yellow
0 comments - add comment
The level of perceived judicial independence has continuously improved in recent years but remains low to average.
View source | Our evaluation: yellow
0 comments - add comment

Quality

yellow
The digitalisation of the justice system for case management is well advanced and further developments are ongoing to improve electronic communication between courts and parties.
View source | Our evaluation: green
0 comments - add comment
Results of the Supreme Court’s survey of court users are being used to further improve the quality of justice.
View source | Our evaluation: green
0 comments - add comment
The Supreme Court plays an important role in allocating resources to courts.
View source | Our evaluation: green
0 comments - add comment
The Judicial Council and the State Prosecutorial Council are facing challenges in terms of resources, despite some improvements.
View source | Our evaluation: yellow
0 comments - add comment
Consultations are ongoing to finalise the judicial map reform.
View source | Our evaluation: yellow
0 comments - add comment
Publication of first instance court judgments remains limited, particularly in civil and commercial cases.
View source | Our evaluation: red
0 comments - add comment

Efficiency

yellow
Improved efficiency of the justice system has led to a further reduction of backlogs, and the length of court proceedings mostly remained stable.
View source | Our evaluation: green
0 comments - add comment
Efficiency challenges remain particularly regarding economic and financial crime cases.
View source | Our evaluation: yellow
0 comments - add comment

Anti-corruption

The fight against corruption is essential for maintaining the rule of law. Corruption undermines the functioning of the state and of public authorities at all levels and is a key enabler of organised crime 48 . Effective anti-corruption frameworks, transparency and integrity in the exercise of state power can strengthen legal systems and trust in public authorities. Fighting corruption needs to be based on evidence about its prevalence and form in a given country, the conditions that enable corruption and the legal, institutional and other incentives that can be used to prevent, detect and sanction corruption.

Institutional Framework

yellow
Slovenia scored 60/100 in the 2020 Corruption Perception Index of Transparency International, ranking 11th in the European Union and 35th globally.
View source | Our evaluation: red
0 comments - add comment
The basic legal framework for strengthening the integrity in the public sector, ensuring transparency and avoiding conflicts of interests, is the Integrity and Prevention of Corruption Act.
View source | Our evaluation: green
0 comments - add comment

Prevention

green
Rules of conduct are in place.
View source | Our evaluation: green
0 comments - add comment
Provisions on preventing and managing conflicts of interest are in place.
View source | Our evaluation: green
0 comments - add comment
Lobbying and ‘revolving doors’ are regulated.
View source | Our evaluation: green
0 comments - add comment
Slovenia has developed further measures to prevent corruption and increase transparency in public procurement.
View source | Our evaluation: green
0 comments - add comment

Repressive measures

yellow
The Commission for the Prevention of Corruption (CPC) operates within a good legal framework, but with limited resources.
View source | Our evaluation: yellow
0 comments - add comment
Alongside the specialised Commission for Prevention of Corruption, several public bodies are involved in the prevention and repression of corruption.
View source | Our evaluation: green
0 comments - add comment
The Corruption section, located within the Economic Crime Division of the General Police Directorate (GPD), is responsible for handling corruption crime at a national level.
View source | Our evaluation: green
0 comments - add comment
Several high-profile corruption cases are ongoing, but specific challenges exist in ensuring successful prosecutions.
View source | Our evaluation: yellow
0 comments - add comment

Media Freedom

All Member States have legal frameworks in place to protect media freedom and pluralism and EU citizens broadly enjoy high standards of media freedom and pluralism. Freedom of expression, media freedom and pluralism and the right of access to information are generally enshrined in the Constitution or in secondary law. Media pluralism and media freedom are key enablers for the rule of law, democratic accountability and the fight against corruption. The murders of journalists who were investigating high-level corruption and organised crime allegations have been a wake-up call reminding Member States of the obligation to guarantee an enabling environment for journalists, protect their safety and pro-actively promote media freedom and media pluralism.

Regulatory authorities

yellow
The independence of the Agency for Communication Networks and Services is stipulated by law, however, its effectiveness is constrained by the lack of human resources and the lack of safeguards against political interference.
View source | Our evaluation: yellow
0 comments - add comment

Transparency of Media

yellow
The transparency of media ownership requires declaration of ownership or management stakes.
View source | Our evaluation: green
0 comments - add comment
Allocation of state advertising is not specifically regulated.
View source | Our evaluation: red
0 comments - add comment
The Integrity and Prevention of Corruption Act provides general rules on conflicts of interest for public officials, including in the media sector.
View source | Our evaluation: green
0 comments - add comment

Journalists' Protection

red
The implementation of the right to information leads to lengthy procedures, but not many cases of violation have been recorded.
View source | Our evaluation: yellow
0 comments - add comment
While physical attacks against journalists are rare, online harassment or threats against journalists are frequent and rarely sanctioned by the justice system.
View source | Our evaluation: red
0 comments - add comment

Other Institutional Issues

Institutional checks and balances are at the core of the rule of law. They guarantee the functioning, cooperation and mutual control of State organs so that power is exercised by one state authority with the scrutiny of others. In addition to an effective justice systems, checks and balances rely on a transparent, accountable, democratic and pluralistic process for enacting laws, the separation of powers, the constitutional and judicial review of laws, a transparent and high-quality public administration as well as effective independent authorities such as ombudsperson institutions or national human rights institutions.

Preparing and enacting laws

yellow
Consultation with the public on draft laws is organised through a dedicated online tool.
View source | Our evaluation: green
0 comments - add comment
Due to an increase in constitutional complaints, the Constitutional Court’s backlog and length of proceedings continued to rise.
View source | Our evaluation: red
0 comments - add comment

Civil Society

green
The National Strategy for the Development of the Non-Governmental Sector and Volunteering aims at improving support to non-governmental organisations by 2023.
View source | Our evaluation: green
0 comments - add comment

Independent Authorities

green
The Human Rights Ombudsperson and the Advocate of the Principle of Equality are also in charge of the protection of the rights of individuals.
View source | Our evaluation: green
0 comments - add comment