2.7 ENVIRONMENT AND SPATIAL PLANNING Pollution of the environment Industry, household heating devices, traffic and other sources cause severe pollution of air and our environment. Dust particles (PM10 and smaller) are particularly critical, and town centres are the most exposed to the risk. All ordinances on the air quality plan, which should originally have been adopted already by the end of 2006 (two years after Slovenia’s accession to the European Union) have been adopted. In 2015, the Government prepared and adopted detailed programmes of measures as per the above ordinances, which together with anticipated state incentives (Climate Fund and cohesion funds) indicate some progress in resolving the issue of air quality. In all regions where ordinances have been adopted (Ljubljana, Maribor, Celje, Murska Sobota, Kranj, Novo mesto and Zasavje), very polluted air is being breathed, which may also affect health in the long term. 2.8 PUBLIC UTILITY SERVICES CASES CONSIDERED RESOLVED AND FOUNDED 2014 2015 Index 15/14 NO. OF RESOLVED 8. Public utility services 80 70 87.5 62 4 6.5 2.7.7 Inspection procedures 8.1 Municipal utility services 24 22 91.7 20 0 0 8.2 Communications 13 7 53.8 6 0 0 Cooperation with the Inspectorate of the Republic of Slovenia for the Environment and Spatial Planning (IRSOP) was good; communication took place mostly in writing, but we also met in person at the Ombudsman’s head office. 8.3 Energy sector 14 19 135.7 16 0 0 8.4 Transport 20 17 85 15 2 13.3 8.5 Concessions 6 4 66.7 4 2 50 8.6 Other 3 1 33.3 1 0 0 The notification of reporters submitting complaints took place according to the provisions of the Decree on administrative operations. When explicitly requested, complainants receive a notification of measures imposed after a completed inspection procedure. On the basis of discussed complaints and general observation, the Ombudsman sees the lengthy duration of these procedures as the main problem with these procedures. The classification of individual complaints in an order of priority frequently leads to dissatisfaction among reporters and they begin to doubt the impartiality and objectivity of inspection procedures. The course or completion of an inspection procedure cannot be anticipated in advance, because it also depends on other additional complaints which may be given a higher priority, so complaints of lower priority take longer to be considered and resolved. All of the above raises reporters’ doubts about the fairness and equal treatment of all complaints. The Ombudsman thus supports the setting of priorities for the work of inspection services in a regulation which is accessible to all. The possible definition of priorities only in an internal document of an individual inspection service which is published on the website in a section that may be difficult to find does not satisfy the requirement for openness, transparency or objectivity in inspection procedures, which are already oppressive in their nature. This topic was discussed at a meeting with the management of the IRSOP at the Ombudsman’s office in May 2015. The management agreed with our findings on the dynamics of discussing complaints and already initiated inspection procedures; however, a prompt solution is not to be expected in this field, since the main problems preventing the discussion of reporters’ complaints are the large number of complaints received and the staff shortage at the IRSOP, which is why a priority system must be established, which in practice means that consideration of lower-priority cases will be further postponed. NO. OF FOUNDED PERCENTAGE OF FOUNDED AMONG RESOLVED FIELD OF WORK 2.8 PUBLIC UTILITY SERVICES dormitory towns). Supervision of noise is the responsibility of the Environment and Nature Inspection Service at the Inspectorate of the Republic of Slovenia for the Environment and Spatial Planning in compliance with the Decree on limit values for environment noise indicators. This Decree covers only sources of noise. The Inspection Service does not meter noise, but only the implementation of the Decree (if metering is conducted in the prescribed manner). 2.8.1 General observations In the field of public utility services, 70 cases were discussed in 2015 (80 in 2014 and 92 in 2013). Many complaints referred to the inability to pay the costs of municipal services (water, waste collection, RTV licence fee, electric energy supply, connection to sewage network, etc.). The costs are high and incomes are insufficient to cover the standard of living. We advised complainants on where to seek help and on their options to enforce rights at competent authorities. Regarding the foregoing, the share of justified complaints is relatively low; these cases are not usually classic examples of violations of the rights of individuals by the authorities, but are violations committed implementing public services or providing public goods (public services). We cannot be satisfied with the realisation of our recommendations in the 2014 annual report. Progress was observed only in the completed discussion of the proposed Cemetery and Burial Services Act (Zakon o pokopališki in pogrebni dejavnosti), which, according to the Government’s forecast in its response report to our 2014 annual report, would be submitted for inter-ministerial harmonisation in September 2015 and to the Government in October 2015. The proposed Act has not been discussed by the National Assembly and we can only hope that it does not simply lie in a drawer at the Ministry of Economic Development and Technology. We also agree with the Government that the issue of public roads sited on private land is very urgent, as we have mentioned several times in our annual reports. We hope that the concrete solutions foreseen by the Government in its response report regarding our recommendations on the urgency of arranging this field are adopted soon, and thus the Ombudsman’s observations and efforts of many years would finally bear fruit. 110 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 111