2. National legal framework concerning the application of
cross-border instruments to persons with intellectual
and/or psychosocial disabilities in law and in practice
In Slovenia, all project-relevant cross-border instruments and related proceedings are
regulated by the Cooperation in Criminal Matters with the Member States of the
European Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami
Evropske unije).17
As stipulated in Article 2(3) of this Act, with respect to the issues of cooperation in criminal
matters not regulated under this Act, the provisions of the Criminal Code and the Acts
regulating the liability of legal persons for criminal offences, the criminal procedure
(Criminal Procedure Act), the execution of sentences, and minor offences, apply mutatis
mutandis in accordance with their nature under the law of the Republic of Slovenia.
2.1. European Arrest Warrant
The Cooperation in Criminal Matters with the Member States of the European Union Act
(hereinafter: CCMMSEUA), does not contain any provisions regarding the applicability or
the manner of application of EAW to persons with intellectual and/or psychosocial
disabilities or in general persons in a situation of vulnerability.
CCMMSEUA (as well as the CPA and the Criminal Code) does not refer to the
Recommendation (2013/C 378/02) and this instrument is not referred to in the
preparatory materials for the adoption of this act (background information) nor is the
instrument listed as one of the EU instruments that the CCMMSEUA in transposing into
the national legislation. In the conducted interviews, respondents reported that they did
not observe any discussions, in policy or legislative processes, pertaining to the
Recommendation.18 It seems that there is a lack of awareness of the existence of this
instrument both among policy makers and practitioners. It was mentioned that if there is
no hard obligation to transpose and implement such as in the case of Directives and
17
The Cooperation in Criminal Matters with the Member States of the European Union Act
(Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23 May 2013.
18
Interviews with judge, state prosecutor and representative of the Human Rights Ombudsman.
8