2.4.2 Realisation of the Ombudsman’s recommendations
Only minor improvements were established regarding the realisation of recommendations in this field.
In the 2014 report, we encouraged the adoption of a long-term judicial strategy as a fundamental framework
for the operation of the courts (recommendation no. 36), and we asked the Ministry of Justice to further
implement well-considered legislative measures to ensure the protection of the right to trial without undue
delay in dialogue with the judicial authority and the expert public (recommendation no. 37). The Ombudsman
encouraged further strengthening of the efficiency of supervisory authorities to ensure high quality in the work
of the courts and of trials (recommendation no. 39) and recommended that the Ministry of Justice and courts
study the existing mechanisms for supervising the work of judges, especially their efficiency, and on this basis,
take possible additional measures to improve the work of the courts (recommendation no. 40).
2.4 JUSTICE
With regard to the recommendations, the Ministry explained that it was striving to efficiently implement
the right to trial without undue delay on the basis of the Protection of Right to Trial without Undue Delay Act
(ZVPSBNO) and was also taking action as per its authority. It further stated that, as per the latest practice of the
European Court of Human Rights (ECHR), it would also examine the need to amend the current regulatory
bases with respect to more effectively providing the right to trial without undue delay, and also the right to
an effective remedy and the question of the timely award of just satisfaction.
In the beginning of 2015, amendments to Courts Act (ZS) and the Judicial Service Act (ZSS) were passed
which also affect the provision of qualitative judicial decision making. Detailed criteria for the selection and
promotion of judges and the procedure for assessing judges’ work were introduced. The field of judicial ethics
and integrity was also further regulated, since the latest amendments to the ZS (ZS-L) provided a basis for
the adoption of the Code of Judicial Ethics and the establishment of the Ethics and Integrity Committee,
which will function under the auspices of the Judicial Council. With the latest changes to the organisation of
judicial legislation, the Ministry of Justice further expanded judicial responsibility; the Ministry thus believes
that an efficient, broad and proportional system for enforcing judicial responsibility was established, which
will be integrated accordingly within the framework of the constitutional principle of the independence of
judges and the judiciary. According to the Ministry, the fully compartmentalised system of enforcing judicial
responsibility should also provide suitable legal or legislative foundations for high-quality judicial decision
making, which is determined in more detail in the ZSS.
The Ombudsman recommended that the competent stakeholders examine again the efficiency of measures
taken in the past by labour and social courts to reduce court backlogs and ensure trials within a reasonable
time (recommendation no. 38). In this regard, the Ministry of Justice expressed hope that the situation in the
relevant field would improve. The courts are striving to shorten judicial proceedings concerning labour and
social disputes. Thus the courts optimise the organisation of their work, re-assign judges for some of their
working time to other courts in order to assist with the elimination of court backlogs, and introduce ‘triage’ to
alleviate judges’ administrative tasks so that they can concentrate exclusively on trials, which results in more
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cases being resolved. This field will also be monitored in the future, and if necessary, additional measures may
be proposed according to the Ministry’s jurisdiction. This response is commendable; however, it is necessary
to add that certain problems were still observed in this field in 2015, which are discussed below.
The Ombudsman recommended that judges consistently act in accordance with the provision of paragraph
one of Article 71 in relation to point 5 of Article 70 of the Civil Procedure Act (ZPP), and ensure respect for the
right to impartial trial (recommendation no. 41). This was a general recommendation to which the Ministry of
Justice provided no special response.
The Ombudsman further recommended additional measures be taken in the regulatory field to limit the
possibilities of the abuse of regulations permitting doctor’s notes and other justifications connected with
ensuring the presence of parties in court proceedings. Courts should use the prescribed procedures to assess
doctor’s notes (recommendation no. 42). In response to this recommendation, the Ministry of Justice gave an
assurance that the relevant issue would be examined during the drafting of amendments to the ZKP-N, i.e.
from the aspect of clearly referring to the ZZVZZ, and with regard to limiting the abuse of doctor’s notes when
ensuring the presence of parties in criminal procedures; however, the amendments to the ZKP-N were not
adopted in 2015.
2.4.3 Judicial proceedings
From the complaints discussed and the Ombudsman’s recommendations regarding judicial proceedings in
2015, issues arose again which (still) referred both to the length of individual court proceedings, and to the
quality of decision making. The complaints claimed (and frequently with good reason) and primarily addressed
the following rights: the right to judicial protection, equal protection of rights, right to a legal remedy, legal
guarantees in criminal proceedings etc.
When considering complaints about judicial proceedings, the Ombudsman continued to turn to the presidents
of courts and other competent bodies (e.g. heads of prosecution offices) by way of enquiries and other
interventions, and when necessary, the Ministry of Justice, particularly concerning an issue of a systemic
nature or regarding the regulatory framework governing the work of the judiciary, and to the Ministry of the
Interior (concerning procedures carried out by the police as a minor offence authority). For the most part, the
Ombudsman was satisfied with the responses from the competent bodies.
The Ministry of Justice provided us with the draft Act on the Treatment of Juvenile Delinquents for us to
examine and provide an opinion. In this regard, we emphasised that the implementation of a criminal law for
adolescents, which was anticipated already by the KZ-1, or another suitable legislative solution for discussing
juvenile delinquents, was urgent, since an act was being used which was no longer applicable. The Ministry
of Justice also requested our opinion on the draft Act Amending the Criminal Code (KZ-1C). We examined the
draft particularly in the light of the current discussion of complaints submitted to the Ombudsman relating
to this field. As per the above, we made no substantive comments or proposals regarding the proposed act.
We commended the amendment to the arrangement of the prosecution for the criminal offence of serious
threat as per paragraph one of Article 135 of the KZ-1 thereby basing prosecution on a private action rather
than on a complaint. We particularly pointed to the unsuitability of the current arrangement in the 2012 and
2013 annual reports and also proposed the re-examination of the legislation on the prosecution of threats.
We commended the inclusion of the newly proposed criminal offence of stalking (excluding with respect to
family relationships) (new Article 134a). The need to criminalise this criminal offence was already explicitly
highlighted in the 2010 report. We also added that it should be explicitly communicated at the legal level that
the security measures of a restraining order or the prohibition of communicating with the victim of a criminal
offence take precedence over imprisonment, since different positions were noted in past practice in this regard.
We also positively assessed all the amendments to the current legislative arrangements intended to enhance
the protection of vulnerable persons and groups, eliminate certain deficiencies or strengthen the principle
of legality, while being aware that the Criminal Code may only be amended with thoughtful and meticulous
consideration, particularly in the light of the constitutional principle of the rule of law, legal certainty and the
predictability of law (Article 2 of the Constitution of the Republic of Slovenia). During the drafting of the Act,
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
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issue (although to a minor extent) remains among complaints considered by the Ombudsman, which is also
evident from the examples provided below. On the other hand, we may be worried by the multitude of other
complaints, which indicate that the speed of judicial decision making must not be detrimental to its quality.
When evaluating the share of justified complaints, it must be taken into consideration that this process
is closely linked to our (limited) jurisdiction in regard to the judicial branch of power. The Human Rights
Ombudsman Act stipulates explicitly that the Ombudsman may not examine cases which are subject to judicial
or other legal proceedings unless undue delay in the proceedings or evident abuse of authority are established
(Article 24 of ZVarCP). In the case of judicial proceedings, the latter would be e.g. an intentional act by means
of which judicial proceedings could be abused for illicit or illegitimate objectives. With regard to the judicial
branch of power, our operations may extend only to the point where they do not encroach on the independence
of judges in their judicial work. The Ombudsman’s intervention does thus not extend to the field of decision
making, but particularly to judicial administration or other circumstances which require our action. In one
case, we informed the court in our role as an amicus curiae of an injured party’s concern that a defendant
who persistently violated a restraining order could actually pose a threat to the life of herself and her son
and we proposed that the court pay special attention to the complainant’s concern.
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