Going to court in Slovenia

Here is some basic information for foreigners who are involved in proceedings before Slovenian courts.

Going to court in Slovenia

Here is some basic information for foreigners who are involved in proceedings before Slovenian courts.

Slovenian judiciary in brief

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In general about the judiciary

How it is organised

A court is a state body that can decide on the rights and obligations of the parties. This task can be assigned to it by the parties or a state body (e.g. a lawsuit for payment of compensation, an indictment by the state prosecution and the like).

Local courts

Local courts are courts of first instance which rule in criminal cases where defendants are facing lower penalties, in property cases of low value and in certain proceedings regardless of the value of the dispute (disputes over possession, easement). Local courts also manage the land register and make decisions in enforcement proceedings.

In local courts, proceedings are conducted and decisions are made by a professional judge. There are 44 local courts in Slovenia.

District courts

District courts are courts of first instance which are in principle competent to decide on high-value disputes, i.e. they rule on criminal acts punishable by a sentence of more than three years in prison. District courts also manage the court register, decide in insolvency proceedings, commercial disputes, family matters, intellectual property rights and the like.

In a district court, proceedings are conducted and decisions are made either by a professional judge or by a judicial panel, which most often consists of a professional judge and two lay judges.

There are 11 district courts in Slovenia.

Higher courts

Higher courts resolve appeals against decisions of courts of first instance.

There are four higher courts of general jurisdiction in Slovenia, specifically in Celje, Koper, Ljubljana and Maribor. The Higher Labour and Social Court is also classified as a higher court.

Supreme Court

The Supreme Court is the highest court in the country. It makes decisions on extraordinary legal remedies in civil, criminal, commercial, administrative, labour and social matters. In the vast majority of matters over which it has jurisdiction, it is the court of third instance.

Specialised courts

Specialised courts operate in the field of labour and social and administrative law. A labour court makes decisions in individual and collective labour disputes. A social court rules in social disputes and examines the correctness of the decisions and actions of the competent authorities regarding rights, obligations and legal benefits in the field of social security. An administrative court provides judicial protection to individuals who have been issued administrative acts and has the status of a higher court.

Despite their names, the Constitutional Court and the Court of Audit do not belong to the regular judicial system.

The task of the Constitutional Court of the Republic of Slovenia is primarily to assess constitutionality and legality, and individuals can turn to it in cases where their human rights and fundamental freedoms have been violated, but they have not been successful in exercising this before the courts.

The task of the Court of Audit of the Republic of Slovenia is to supervise the correctness of the financial operations of state authorities and other institutions.

Proceedings before the court

Presented below are some of the most frequent proceedings that take place in the courts.

In litigation proceedings, the court decides on disputes between the parties. Disputed issues may relate to various fields: payment of compensation, payment of contractual obligations, delivery of items, eviction, property ownership, etc.

In inheritance proceedings, the court determines who the heirs of the deceased are, which assets comprise their estate, and which parts of the estate are received by the heirs and other persons.

In enforcement proceedings, the court helps the creditor to collect claims from the debtor.

In land registry proceedings, the court decides on the registration of rights to property in the land registry.

In the event of a divorce, the court decides on the division of assets, custody and education of children, their support and contacts.

The purpose of criminal proceedings is to impose an appropriate sanction on the perpetrator for the criminal act, if they committed it and it is proven that they are criminally liable for it.

In misdemeanour proceedings, the court decides on liability for the misdemeanour and on sanctions, on the request for judicial protection against the misdemeanour decision issued by another misdemeanour authority, and on the termination of the validity of the driving license.

The court conducts insolvency proceedings (e.g. receivership of a legal entity, personal bankruptcy, compulsory composition) with the aim of settling at least part of the debt of debtors who are unable to pay, or restructuring of the debtor in a way that will enable them to continue operating.

A labour court decides in disputes between workers and employers arising from the employment relationship, employment, performance of work by young persons, company scholarships, internships and other relationships.

In a social dispute, judicial protection is provided against the decisions and actions of state authorities and holders of powers conferred by public law regarding the rights, obligations and legal benefits of individuals and legal persons and, under certain conditions, other persons from the field of social security.

An administrative dispute is a legal proceeding against Slovenia, a municipality or a holder of powers conferred by public law, which is initiated by a party who is not satisfied with a decision issued in an administrative proceeding.

Mediation sessions are also held in the court. Mediation is a voluntary, quick, confidential and effective way of resolving disputes. In a mediation process, the parties try to reach a peaceful solution to the dispute with the help of a mediator (a neutral person).

Important information

How can court proceedings be initiated?

If you have a legal problem and you need help solving it, you can contact a lawyer (a list of lawyers and information about legal representation can be found on the website of the Bar Association of Slovenia, a notary (a list of notaries and information) or another person with legal knowledge to help you in the process.

In some cases, proceedings against you may be initiated at the proposal of the opposing party, at the proposal of another state authority, and the court may also initiate proceedings ex officio.

What can you do if you get a judicial document from the court?

If you do not understand the Slovenian language, inform the court about this immediately after receiving the invitation to the hearing. The court will provide an interpreter so that you can use your native language in court.

Read the summons or other invitation from the court carefully to see what is expected of you. The court sends summonses, decisions and judicial documents in the Slovenian language.

If you do not speak Slovenian, it is recommended that you immediately contact a person who is able to explain the judicial document to you.

Reply to the invitation from the court if this is required of you, or respond, even if it does not seem reasonable to you, because otherwise there may be consequences – e.g. loss of rights, fine, compulsory court appearance.

The parties must send applications to the court or submit them in the court mail room, and in certain proceedings they can be filed electronically on the eSodstvo portal. Submission by e-mail is not possible.

If you do not understand the contents of the judicial document and do not know what you need to do, and you think you need professional assistance, you can contact the Bar Association of Slovenia to obtain further guidance.

How do I obtain information about the procedure?

You can also obtain some information about the procedure itself and your rights in the procedure at the court. Information on office hours and contact information can be found in the judicial document itself or on the websites of the courts.

The court usually does not provide information on the state of the case or information in relation to the procedure over the phone. The court can communicate to the participants in the procedure, either over the phone or by using electronic communications, the information required for the procedure to be successfully implemented (e.g. when the hearing is scheduled). You will need to specify the case reference number to obtain the information.

You can also obtain certain information in person. During the court’s office hours, you can inquire in the register office about, for example, which judge is ruling in the case, whether a hearing has already been scheduled and when it will be scheduled, who are the remaining parties in the proceedings, whether the court decision is final, etc. In the register office, you can inspect the file in your case and order copies of the documents of the file (a court fee is paid for copies).

What do you need to visit the court?

To visit the court, you need your case reference number and an identification document. In certain cases, it is recommended that you call the court in advance and make an appointment, as the files are not always available for inspection by the parties (the file may be with the judge, in another court, etc.).

What does a judicial document look like?

Courts send various judicial documents, so in order for you to understand them more easily, the content of a judicial document is presented below.

An example of a summons

 

An example of a ruling

An example of a summons and ruling

 

An example of an instruction on legal remedy in the ruling

An example of an instruction on legal remedy in the ruling

When do you have to visit the court?

You must go to court if the court has specifically summoned you to a hearing.

You can also obtain other information or perform the following actions at the court:

  • inspect the court file (if you are a party to the proceedings),
  • submit applications in person and the like,
  • obtain documents (a police certificate),
  • pay a court fee (with cash, with payment card).

Information on office hours and contact information is available on the websites of the courts.

How does a visit to the court take place?

When you arrive in the court, the security guard will first ask you for your name and the nature of your connection to the case in regard to which you are attending the court, which is followed by the temporary storage of your phone, a security check and referral to the appropriate room (courtroom, registry office, cash register and other).

When you are invited to a hearing, wait outside the courtroom to be called when it is time for your case. Do not knock on the door or open it, as this may disrupt the proceedings in another case.

The robe is a special outer garment in one of the following colours: black for the judge, purple for the lawyer, grey for the state prosecutor and green for the state attorney.

At the hearing, the judge first establishes who is attending the hearing and whether the conditions for the hearing to be held are met. The judge says what the case is about and explains how the hearing will be conducted. If you have been summoned to the court as a witness, the court reporter will invite you to the courtroom when it is your turn to be heard. It is recommended that you do not leave the court during the hearing.

The court keeps a transcript of the entire proceedings, and the hearing may also be audio recorded. At the end, the parties to the proceedings each receive their own copy of the transcript. The transcript is recorded in the Slovenian language.

If you have been summoned to the court as a witness, the judge will ask you immediately after the hearing ends whether you have incurred costs by coming to court and give you instructions in this regard.

Costs of proceedings

Costs are incurred in all court proceedings.

Each party covers their own costs of proceedings in advance (e.g. lawyer costs, costs of expert witness).

Costs are incurred at the start of the proceedings, during the proceedings and at the end of the proceedings.

At the start of the proceedings:

  • As a rule, the court fee is paid by the person who proposes (initiates) the proceedings
  • In most proceedings, the court fee must be paid before the court starts hearing the case
  • The amount of the court fee is specified in the Court Fees Act and, as a rule, depends on the value of the subject of the dispute (the amount of the claim).

You can pay the court fee:

  • with cash or with payment cards in the mail room or at the court’s cash register,
  • to the bank account of the court (e.g. at the bank, post office, online).

During the proceedings:

  • costs of the advance for expert witness, which the court generally charges to the party that requests an expert opinion,
  • costs of witnesses (their expenses for travel to and from the court) and
  • costs of the authorised representative (if you have one).

At the end of the proceedings:

  • The court decides in its ruling who bears the costs of the proceedings. As a rule, the party that was unsuccessful in the proceedings must cover their own costs and reimburse the costs of the opposing party.

The parties can agree with their lawyers on the amount of the payment, but the court will recognise the lawyer’s expenses only in the amount as determined by the Attorney Tariff, and everything above this amount must be paid by the party themselves.

If your financial situation does not enable you to pay court costs and attorney’s fees, you may be eligible for free legal aid. This means that the state temporarily sets aside money from the budget in full or in part for the costs of your legal proceedings.

Eligible for free legal aid (FLA) are foreigners who reside in the Republic of Slovenia (RS) on the basis of a permit for permanent or temporary residence in Slovenia at the time of the submission of the application to be granted such aid, stateless persons who legally reside in Slovenia, and persons who legally reside in another member state of the European Union (EU). Other foreigners are eligible for free legal aid under the condition of reciprocity or in cases determined by international treaties.

When can I be eligible for FLA in Slovenia?

FOREIGNER if, at the time of the submission of the application for FLA, they reside in the RS on the basis of a permanent residence permit
FOREIGNER if, at the time of the submission of the application for FLA, they reside in the RS on the basis of a temporary residence permit
STATELESS PERSON if, at the time of the submission of the application for FLA, they legally reside in the RS
STATELESS PERSON if, at the time of the submission of the application for FLA, they legally reside in another member state of the EU
FOREIGNER under the condition of reciprocity (that their country of origin would recognise the same rights to a citizen of the RS)
FOREIGNER when it is determined by an international treaty

You are eligible for free legal aid if your monthly income, i.e. the average monthly income per member of your family does not exceed two basic amounts of the minimum income specified by the law governing social welfare benefits. In this case, you may be eligible for full or partial coverage of the costs of legal aid and to be exempted from paying the costs of court proceedings.

An application for free legal aid can only be submitted in written form. To obtain free legal assistance, use the following forms:

Application for granting free legal aid

Data about family members

Print the form and obtain and enter the required information. Add the relevant attachments (documents related to the matter for which you need FLA). Send it all by mail to the address of the court or submit it in person at the mail room of the district, labour (and social) or administrative court on any working day from 8:00 a.m. to 4:00 p.m.

If you have difficulty completing the application, the staff at the Free Legal Aid Service will help you to do so correctly. The granting of free legal aid is assessed based on your financial situation and the content of your case, i.e. proceedings.

Most often, free legal aid is granted for legal counselling by a lawyer, representation by a lawyer before the court, as an exemption from payment of the costs of proceedings (e.g. payment of an advance for an expert witness or payment of an enforcement agent) or costs incurred with the conclusion of an out-of-court settlement.

Language in the proceedings (written, oral)

Language

The courts in the Republic of Slovenia use the official language – which is Slovenian. In the area inhabited also by ethnic minorities, courts may also use Italian and Hungarian.

Written applications, letters, summonses and rulings

The court does not translate written applications, letters, summonses or rulings; therefore, if you need translations of these, you must provide them yourself. If you file an application in a foreign language, the court will ask you to file it in the Slovenian language; otherwise, the court will not consider the content of the application, but will reject it (except in the case of the aforementioned ethnic minorities).

Only if the translation is necessary for service abroad is the court obliged to provide a translation of court documents into a foreign language. The costs of translation are borne by the party whose application is served; however, the party may also submit a certified translation of the application.

Interpreting is generally carried out by interpreters. A list of court interpreters is kept by the Ministry of Justice - list of interpreters.

Representation

The court can only give you information about the proceedings and cannot provide you with legal advice (e.g. what you should do for your claim to be successful). If you find it difficult to draw up an application yourself, or if you want legal advice, assistance or representation in specific proceedings, it is advisable to seek the assistance of a person with legal knowledge.

You can authorise a lawyer and, in some cases, another person to represent you. You can find an authorised representative before the proceedings are initiated, or during the proceedings.

In proceedings that involve extraordinary legal remedies, you must have a representative who is a lawyer.
You should confide in your lawyer and tell them everything about your case, ask them about the expected course of the proceedings, possible case law and comparable cases and expected costs. A list of lawyers is kept by the Bar Association of Slovenia.

Civil proceedings

General

Litigation proceedings are the most typical civil law proceedings. In civil law proceedings, the court usually regulates the relations between private parties.

The plaintiff and the defendant appear in the proceedings. Disputed matters may relate to various fields: payment of compensation, payment of contractual obligations, delivery of items, eviction, property ownership, etc.

Adapted rules of litigation proceedings are also applied in other civil law proceedings: enforcement, land register, inheritance and similar, and in administrative disputes, unless otherwise specified.

Jurisdiction

LOCAL COURT DISTRICT COURT
Pecuniary claim claim up to EUR 20,000 claim above EUR 20,000
Other claims
  • trespass on land
  • easement and encumbrances
  • tenancy and lease relationships
  • copyrights
  • commercial disputes
Other types of civil law proceedings
  • enforcement
  • inheritance
  • non-litigation
  • land register
  • regulation of commonhold and the like
  • entries in the company register
  • insolvency
  • family disputes and the like

The proceedings in the spreadsheet are described in detail in the Slovenian language

MAXIM: ACTOR SEQUITUR FORUM REI (The court at the domicile of the defendant has competent jurisdiction over the dispute). As a rule, you must file a lawsuit in the court that has jurisdiction where the defendant has their domicile or place of business.

Parties to the procedure

  • Plaintiff = person who files the lawsuit (places their claim in the lawsuit on which the court is to decide).
  • Defendant = person who is being sued (to whom the claim refers).

Start of the proceedings

The proceedings start with the filing of an application in the competent court.

As a rule, at the start of the proceedings, a court fee must be paid, the amount of which is specified in the Court Fees Act, and usually depends on the value of the subject of the dispute (the amount of the claim). The party is asked to pay the court fee by the court. If the fee is not paid by the deadline, the application will be dismissed, which means that the court will not consider it.

Content of the application

Any application that you submit to the court must contain information:

  • about the court that is hearing the case,
  • about the parties in the proceedings and the legal representatives (e.g. about the parents if a minor appears in the court),
  • about the subject of dispute (what it is about),
  • other elements required by law in an individual case.

If the application is incomplete, the court will ask you to supplement it.

As a rule, you must personally sign the application and send it to the court or submit it in the court’s mail room. You must prepare one copy of the application for the court and one copy for each party to the proceedings.

Submission by e-mail is not possible. In certain proceedings, electronic submission is possible on the eSodstvo portal (land registry, enforcement, insolvency proceedings).

Proceedings

The court will keep you informed during the proceedings about what follows next. You will receive all notices, invitations, letters, minutes, decisions and judgements in writing (by registered or ordinary mail, to your address for service or to another address that you provide to the court).

Carefully read all letters received from the court and forwarded applications from the opposing party. Follow the instructions and set deadlines, as failure to meet the deadlines may result in a delay in the proceedings, loss of certain rights or additional costs. If you do not understand the instructions, ask the court about them (at the registry office during office hours) or consult a legal expert.

When you receive a summons from the court, respond to it.

If you change your address during the proceedings, you must notify the court immediately.

If you have a lawyer or other representative, the court will serve summonses and other judicial documents only to them.

Keep all documents sent to you by the court in the order that you have received them, as you may still need them. It is best to mark the date of reception on the documents themselves and place them in a special folder chronologically.

Course of the proceedings

The plaintiff files a lawsuit.

The lawsuit must be filed in the Slovenian language.

A plaintiff who is abroad and does not have a representative in Slovenia must, when submitting the application, appoint an authorised representative who will receive judicial documents in the Republic of Slovenia. Otherwise, the party may incur additional costs, and the claim may also be dismissed, which means that the court will not decide on the merits of the claim.

When the judicial document is first served, the court orders the defendant who is abroad to appoint an authorised representative who will receive court writs in the Republic of Slovenia. If they fail to do so, the court appoints a temporary representative who is authorised to receive judicial documents, which may involve additional costs.

Persons from the European Union member states do not need to appoint an authorised representative who will receive judicial documents in the Republic of Slovenia.

The lawsuit is assigned to a judge to be adjudicated.

The court examines the application to see if it is suitable for consideration (is it comprehensible, does it contains all the information, has the fee been paid)

EU CITIZEN FOREIGNER (NOT AN EU CITIZEN)
PLAINTIFF Must file the lawsuit in the Slovenian language. Must appoint a person authorised to receive judicial documents. Must file the lawsuit in the Slovenian language. Must appoint a person authorised to receive judicial documents.
DEFENDANT Can reject a judicial document if it is not written in a language they understand. Must appoint a person authorised to receive judicial documents.

If the defendant does not respond to the lawsuit within the deadline, the court issues a default judgement, by which the claim is usually granted.

The court offers mediation to the parties. If the parties do not agree to mediation or it is unsuccessful, the litigation proceedings continue.

The court schedules a hearing.

Attend the hearing on time. When you arrive in the court on the day of the hearing, have the summons with you. At the main entrance, you must first go through a security check. You then go to the courtroom, where you wait for the reporter to announce the start of the hearing in your case and invite you into the courtroom.

If the judge decides that your absence is not justified, they may call the police to forcibly bring you in, and they may also fine you.

If there is a justifiable reason that prevents you from attending the hearing (e.g. sudden serious illness or injury), you must notify the court immediately.

If the court accepts the excuse, it can still hold the hearing and invite you to the next hearing, but it can also postpone it. You will be informed about this with a new summons.

With the consent of the parties, the main hearing can also be held by videoconference.

The court first conducts a preliminary hearing, at which the further course of the proceedings is discussed with the parties.

At the first hearing, which follows the preliminary hearing, you must present all facts and evidence. As a rule, the court will not take into consideration the facts and evidence that you submit at a later stage.

At subsequent hearings, the court presents evidence that is important for the court’s decision (e.g. it hears witnesses, expert witnesses, reads documents).

The court issues a written judgement, with which it decides on the claim, and sends it to the parties.
In certain proceedings, the court issues a decision (e.g. trespass on land).

As a rule, the parties receive the judgement by mail.
If they do not agree with the judgement, they can file an appeal in 30 days at the latest.

If you, as a client, are not satisfied with the court decision (you believe that the court decision is incorrect), you can file an appeal.

Every judgement must contain an instruction on legal remedy – information on how to file an appeal and the relevant deadlines.

As a rule, the same rules apply to an appeal as to other applications.

As a rule, an appeal must be sent in writing to the court that issued the judgement. A court fee must also be paid for an appeal (the court will send you a payment order after receiving the appeal). The court of first instance will send your appeal to the higher court, which will decide on it.

When the deadline for an appeal expires (and it has not been filed), the judgement becomes final.

The parties can reach a court settlement up until the court makes a decision.

JUDGEMENT BECOMES FINAL

Option of enforcement

If the party does not voluntarily fulfil the obligations specified in the court decision, enforcement must be requested in new proceedings before the court by filing a proposal for enforcement.

More about enforcement

Criminal proceedings

General

As a rule, criminal proceedings consist of two phases, specifically pre-trial proceedings and criminal proceedings.

Jurisdiction

LOCAL COURT DISTRICT COURT
Length of prescribed prison sentence Up to three years in prison, fine More than three years in prison
Criminal offences against honour and reputation committed by means of the media
For proceedings against juvenile criminal offenders
As a rule, the case will be decided on by a professional judge a judicial panel consisting of professional judges and lay judges

Parties to the procedure

Suspect, defendant, the accused person (general term: defendant) = person being accused of the criminal offence.

Defendant’s counsel = person who defends the defendant, usually a lawyer.

Language in the proceedings

A foreigner who has been deprived of their freedom has the right to file applications in the court in their own language, while in other cases, foreign citizens may file applications only under the condition of reciprocity.

Foreigner as an affected party

A foreigner as an affected party has the same rights and obligations as a citizen of the Republic of Slovenia. More information on the website Pravice žrtev in prijava kaznivih dejanj (Victims rights and notifiction of criminal acts).

Course of the proceedings

A criminal complaint has been filed with the police or the state prosecutor’s office.

The police can refer foreigners found at the scene of a criminal act to the investigating judge, bring them to the investigating judge or detain them until their arrival.

The state prosecutor examines the criminal complaint and files a request for investigation in the district court.

The state prosecutor can dismiss the complaint. The affected party, as the plaintiff, can submit a request for investigation within 30 days of receiving the decision on the dismissal.

The investigating judge collects evidence (e.g. interrogates the suspect) and concludes the investigation, and sends the criminal file to the public prosecutor.

The judicial inquiry is closed to the public.

The investigating judge can conduct the hearing in their office or in the courtroom. In addition to the investigating judge, you can also be asked questions by the defence counsel and the state prosecutor.

Investigation is not mandatory, and the prosecutor can decide to file an indictment directly.

The state prosecutor examines the file and decides whether to prosecute, request that the investigation be supplemented or continue the criminal prosecution and file an indictment in court.

If the state prosecutor decides not to prosecute, the affected party as a plaintiff can file charges themselves within 30 days.

The court serves the indictment to the defendant. The defendant may object within eight days at the latest.
The court decides on the possible objection by the defendant. The indictment then becomes final.
The court schedules a pre-trial hearing.

If the defendant pleads guilty at the pre-trial hearing, the sentencing hearing follows, at which a sentence is imposed on them by a judgement.

If the defendant pleads not guilty, the main hearing follows. The court decides on the indictment with a judgement at the end of the hearing.

At the main hearing, the public prosecutor presents the indictment, the judge (panel) listens to the defendant’s defence and presents other evidence (e.g. hears witnesses, reviews photographs, reads the opinion of an expert witness and the like). On this basis the court decides whether the defendant has committed the alleged criminal act and whether they are criminally liable for it, and decides about the criminal sanction and other measures. The judge pronounces the judgement at the hearing.

The court can try the party even if they are not present at the hearing, but only if they have already heard them and if certain other conditions are met. The court explicitly warns the client and their lawyer about this.

In some cases, the hearing, pre-trial hearing and main hearing and judicial panel session may also be conducted by videoconference.

The court pronounces the verdict at the hearing and sends the parties a written decision with an explanatory note within 30 days at the latest.

The court can impose various criminal sanctions, specifically:

  • prison,
  • fine,
  • ban on driving a motor vehicle,
  • a suspended sentence,
  • security measures (e.g. mandatory psychiatric treatment, ban on practising a profession, revocation of driving license, confiscation of items),
  • deportation of a foreigner.

The defendant, their lawyer or the state prosecutor, i.e. the affected party as the plaintiff can announce an appeal within eight days.

If only a suspended sentence or a fine is imposed, the appeal must be announced within eight days of the pronouncement of the judgement at the latest (announce at the hearing that you will file an appeal in this case or notify the court about this in writing). The court then prepares a written judgement with a full explanatory note and delivers it to the parties.

The court compiles a written judgement with an explanatory note and serves it to the defendant, their counsel, the state prosecutor and the affected party as the plaintiff. The appeal must be filed within 30 days of service, otherwise the judgement becomes final.

Every judgement must contain an instruction on legal remedy – information on how to file an appeal and the relevant deadlines.

As a rule, the same rules apply to an appeal as to other applications.

As a rule, an appeal must be sent in writing to the court that issued the judgement. A court fee must also be paid for an appeal. The court will send you a payment order.

The court of first instance will send your appeal to the higher court, which will decide on it.

In the higher court, an appeal is always decided on by a panel of three judges. Once the higher court decides on the appeal, the judgement is forwarded to the local court or district, which delivers it to the parties. The judgement in this criminal case becomes final when it is received by the district or local court.

In certain cases, an appeal can also be filed by the affected party.

JUDGEMENT BECOMES FINAL

Execution of a judgement (imprisonment and fines)

Execution of imprisonment

You will be invited to serve the prison sentence by the court with the subsequent summons.

A prison sentence can be carried out in a different (alternative) way in cases specified by law:

  • while serving the sentence, the convict stays at home for a certain number of days (i.e. weekend prison),
  • house arrest,
  • community service.

The defendant can propose that they serve an alternative form of prison sentence as early as during the proceedings, which is decided by the court in the judgement. The defendant may also submit such a proposal within 15 days of the finality of the judgement. In this case, the court will decide on it with a special decision.

The defendant can propose that they serve an alternative form of prison sentence as early as during the proceedings, which is decided by the court in the judgement. The defendant may also submit such a proposal within 15 days of the finality of the judgement. In this case, the court will decide on it with a special decision.

Execution of a fine

A fine can be the principal penalty or an accessory penalty. The court can enforce the fine. If the enforcement is unsuccessful, the fine is executed by means of imprisonment.

Costs

As a rule, the defendant does not have to pay costs during the proceedings in court. The court orders them to pay the costs only and solely in a judgement of conviction. The exception is the costs incurred due to their own fault.

The court may decide that the costs of the criminal proceedings are paid from the budget. If the court decides otherwise, the defendant must in any case pay the costs of their defence counsel themselves. In such a case, the affected party must also pay the costs of their representative.

The defendant who is found guilty pays the costs of their defence counsel themselves if the defence is based on an authorisation. If the defence counsel was appointed ex officio, the court may also exempt the defendant from paying the costs.

If the criminal proceedings are suspended or a judgement is issued by which the defendant is acquitted or the accusation is dismissed, or if the indictment is dismissed by decision, the costs of the defence counsel are reimbursed from the budget.

The affected party as the plaintiff is reimbursed the representation fees in the following cases:

  • a judgement of conviction is issued against the defendant, or
  • the proceedings are suspended, or
  • the charge is dismissed by judgement due to the defendant’s death or due to the statute of limitations.

Administrative dispute

In Slovenia, decisions in administrative proceedings are made by:

  • administrative bodies (e.g. administrative units) and other state bodies (e.g. public agencies),
  • bodies of self-governing local communities (e.g. municipal administrations),
  • holders of powers conferred by public law and in some cases providers of public services (e.g. public utility services, healthcare).

If the party is not satisfied with the decision in the administrative procedure and has exhausted legal remedies in it, they can file a lawsuit at the Administrative Court of the Republic of Slovenia, which will make a decision in the administrative dispute.

Participants

  • Plaintiff = person to whom the final administrative act refers.
  • Defendant = state, local community or other legal entity that issued the administrative act that ended the decision-making process.

Role of the court in an administrative dispute

The court decides by a professional judge, and in exceptional cases by a panel of three judges, on which the president of the court must issue a special decision. The court establishes whether the claim is justified.

Course of the proceedings

You file a lawsuit in the administrative court.

The lawsuit must be within 30 days after the serving of the administrative act by which the procedure before administrative bodies was concluded.

In the lawsuit, you must:

  • state the administrative act which is contested by the lawsuit (this act must be attached to the lawsuit in the original, transcript or copy),
  • state the plea in law,
  • state a proposal about how and in what respect the administrative act should be annulled, i.e. how its unlawfulness should be established.

In the event that the authority has not issued a decision, the issuance of a decision is usually requested by way of a lawsuit before the administrative court.

The matter is assigned to a judge to be adjudicated.

The court examines whether the application is suitable for consideration (is it comprehensible, does it contain all the information, has the fee been paid).

The court sends the lawsuit to the defendant, who has up to 30 days to respond. They must also submit the administrative file to the court.

The administrative file is a set of documents on the basis of which the administrative body issued the contested decision. Thus, the court has at its disposal all the documentation that was the basis for the decision in the administrative procedure.

The court considers the case at a session (without the presence of the parties) or announces a hearing for the case to be considered and invites the parties and potential witnesses, expert witnesses and others to it.

The parties receive the judgement by mail.

If the court approves the lawsuit, as a rule, it annuls the challenged administrative act and returns the matter to the administrative body for a new procedure. This means that the authority will have to decide on this application again. The party in the procedure does not have to file a new application, but only has to wait for a new decision or another action in the procedure (summons, invitation).

As a rule, no appeal is admissible against the judgement, so it becomes final immediately.

JUDGEMENT BECOMES FINAL

Costs

The court fee for proceedings in an administrative dispute (tariff No. 6111) amounts to EUR 148.

Certain administrative proceedings are exceptions and the fee does not have to be paid. The court does not send the party a payment order for the payment of the fee in such proceedings.

If the plaintiff is successful in the proceedings, the costs of the proceedings are reimbursed by the defendant, otherwise they will cover their own costs.

International protection

You can find more about the conditions for entry of foreigners into the Republic of Slovenia on the website Conditions for Entry and Stay of Foreigners

Third-country nationals can obtain international protection in Slovenia in two ways – with recognised refugee status or with recognised subsidiary protection.

Application for international protection

  • International protection can be applied for by a foreigner or a stateless person who believes that they are systematically persecuted in their home country because of their political beliefs or because of a religious, racial, national or ethnic affiliation.
  • International protection can also be applied for by a person who believes that, upon returning to their home country, their life or freedom would be threatened, or they could be exposed to torture, inhuman treatment or punishment.
  • The application of an applicant for international protection can be processed in the regular or accelerated procedure, or in the so-called Dublin procedure. After receiving the application for international protection, the competent authority can determine, on the basis of the fingerprints taken and sent to the central European database Eurodac and the documentation, whether the applicant for international protection has already applied in any other European Union member state, or whether they entered the Republic of Slovenia through it. In this case, the competent authority sends the supposedly competent member state a Dublin application for admission, i.e. readmission. In the case of a positive answer, a so-called Dublin interview is conducted with the applicant for international protection in order to learn whether another member state has assumed the jurisdiction and to determine the potential risk faced by the applicant for international protection in the responsible member state. The competent authority then issues a decision on the assumption of the jurisdiction of the responsible member state and on the rejection of the application for international protection. After the decision becomes final, the so-called Dublin transfer is carried out.

Refugee status

  • The status can be granted to a person who can reasonably and reliably demonstrate that they are at risk in their home country due to an affiliation with a certain race or ethnic group, religion, nationality, a specific social group or political belief.
  • A foreigner must, as soon as possible after entering the Republic of Slovenia, express their intention to submit an application for international protection to any state body or body of a self-governing local community. The application is decided on by an official of the competent authority.
  • As of the date of service, the decision granting refugee status also acts as a permit for permanent residence in the Republic of Slovenia.

Subsidiary protection

  • Subsidiary protection can be granted to persons who do not meet the conditions for refugee status but show justified and credible reasons why serious harm would befall them if they returned to their country of origin (death penalty or execution, torture or inhuman or degrading treatment).
  • Subsidiary protection is also granted for serious and individual threats against the life or freedom of applicants by reason of indiscriminate violence in circumstances of international or internal armed conflicts in their country of origin.
  • As of the date of service, the decision granting subsidiary protection also acts as a permit for temporary residence in the Republic of Slovenia for the duration of that protection.

Submission of application

A foreigner must, as soon as possible after entering Slovenia, express their intention to submit an application for international protection to any public body.

What follows is a procedure in which the police establish their identity and the route by which they came to Slovenia, and then hand them over to the competent authorities in the asylum centre, where the foreigner formally files an application for international protection.

Before submitting an application for international protection, a foreigner is adequately informed about the procedure and rights in a language they understand.

The application for international protection is also submitted in the presence of a translator or interpreter.
After submitting an application for international protection, the applicant is accommodated in the asylum centre or its branch.

In the procedure for the recognition of international protection, the competent authority can restrict the applicant’s movement under the conditions set by law.

More information at:

Brochure - Going to court in Slovenia

Animations about court procedures in English

 

 

 

 

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