5 slovenian judicial system

8/3/2019 5 Slovenian Judicial System

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Slovenian JudicialSystem

Dr Janja Hojnik


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Organisation of the JudicialSystem

The uniform judicial system of RS:

courts of general and specialised jurisdiction.

There are four levels of the courts of general jurisdiction:

44 local courts,

11 district courts,

4 higher courts and

the Supreme Court


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Local (county) courts

-courts of the first instance and are vested:

- with jurisdiction over less serious criminal

cases;- civil cases concerning claims for damagesor property rights up to a certain value;- all civil cases concerning disturbance ofpossession, tenancy relations etc.;- probate and other non-litigious matters;keeping of land registers; civil enforcement.


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District courts

courts of the first instance as well. They are

vested with jurisdiction:

- over criminal and civil cases which exceed the

jurisdiction of county courts;

- juvenile criminal cases;

- execution of criminal sentences;

- family disputes, excepting maintenance disputes;

- recognition of rulings of a foreign court;

- commercial disputes;

- bankruptcy, forced settlements and liquidation;

- copyright and intellectual property cases;

- keeping of the company register.


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Higher courts

- courts of appellate jurisdiction - determination of

appeals against decisions of the local and district courts

in their territories

- determine disputes of jurisdiction between local anddistrict courts.


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Supreme Court

-the highest appellate court in the state;

- functions as a court of cassation - a court of appellate

jurisdiction in criminal and civil cases, in commercial

lawsuits, in cases of administrative review and in labour and

social security disputes.

- the court of the third instance;

- the grounds of appeal to the Supreme Court (defined as

extraordinary legal remedies) are limited to issues of

substantive law and to the most severe breaches ofprocedure.


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Specialised courts

Four specialised courts of the first instance - competentfor determination of labour disputes, and one of them

also for determination of social security disputes;

The Administrative Court of the Republic of Sloveniahas the status of a higher court.


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on the conformity of statutes and other

regulations with the Constitution, ratifiedtreaties and with general principles ofinternational law; on constitutional complaints stemming from

the violation of human rights; on certain jurisdictional disputes; on the unconstitutionality of the acts andactivities of political parties; on impeachment against the President of theRepublic, the Prime Minister and Ministers; and issues an opinion on the conformity of atreaty with the Constitution in the process ofratifying such treaty.

Constitutional Court


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TITLES

Vrhovni sodnik Supreme Court JudgeViji sodnik Higher Court Judge

Okroni sodnik District Court JudgeOkrajni sodnik Local Court Judge

Sodnik za prekrke Misdemeanours JudgeSodnik svetnik Senior Judge

Predsednik sodia President of the Court

Other titles in judiciary

Generalni dravni toilec State ProsecutorGeneral

Okroni dravni toilec District State ProsecutorViji dravni toilec - Higher State ProsecutorVrhovni dravni toilec Supreme State

ProsecutorGeneralni dravni pravobranilec State Attorney

General


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EVROTERMhttp://www.gov.si/evroterm/

Evroterm is a database of terms established inthe course of preparing the Slovene version of

legal acts of the European Union.
http://www.gov.si/evroterm/http://www.gov.si/evroterm/


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Judiciary in Constitution

Article 125

Independence of Judges

Judges shall be independent in the performance

of the judicial function. They shall be bound bythe Constitution and laws.


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Article 129Permanence of Judicial Office

The office of a judge is permanent. The age requirement

and other conditions for election are determined by law.


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Article 134

Immunity of Judges

No one who participates in making judicial decisions

may be held accountable for an opinion expressed

during decision-making in court.If a judge is suspected of a criminal offence in the

performance of judicial office, he may not be detained

nor may criminal proceedings be initiated against him

without the consent of the National Assembly.


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Court procedures


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Civil procedure

Parties: claimant & defendant

Claim/petition/application ascertained demand

Summons service on the defendant

Reply to the claim --- default judgement

Hearing of the action

Defendant may:

admit liability

make payment

dispute the claim contests the action

make a counterclaim

Judgement


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Civil procedure

Pre-trial review - settlement

Trial:

Opening statements of claimant and defendant;

Examination of proofs (interrogation);

Final statements;

Deliberation;

Proclamation of the judgement Judgement in default when the defendant fails to take

the appropriate steps

Enforcement of Court Judgments Warrant of seizure


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Criminal procedure

Parties: prosecutor & defendant (accused, convicted)

Burden of proof Commit the offence

Arrest detained in custody

In the name of the peoples

Preliminary investigation

Indictment: accusation of the crime for which a person isto be tried by the court (charge) a bill of indictment

Trial (oath false oath/perjury)

Deliberation (in secret)

Judgement verdict sentence warrant

Service of the sentence Legal remedies

5 slovenian judicial system

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