COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Slovenia Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Slovenia, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 824 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report      Country Chapter on the rule of law situation in Slovenia Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                     The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The quality of the Slovenian justice system has been further improved, and some issues raised 
in the 2022 Rule of Law Report have been resolved, such as the removal of the Minister of 
Interior’s power to instruct the Police in individual cases. Legislative amendments, that would 
introduce safeguards for judicial independence and autonomy of prosecutors in the rules on 
parliamentary  inquiries,  are  being  drafted.  New  reforms  envisage  transferring  the  power  to 
appoint  judges  from  Parliament  to  the  President  and  Judicial  Council,  while  the  lack  of 
safeguards for judicial independence raises concerns. The level of remuneration of judges and 
state  prosecutors,  largely  unchanged  since  2012,  raises  concerns  and  was,  as  far  as  judges’ 
salaries are concerned, declared unconstitutional by the Constitutional Court. The backlog of 
court  cases  was  further  reduced,  and  the  Supreme  Court  working  group  presented 
recommendations on addressing the increasing length of court proceedings. 

The work on the new anti-corruption strategy is ongoing. The resources of the State Prosecution 
were  increased,  the  operational  independence  of  the  National  Bureau  of  Investigation  was 
restored,  and  the  length  of  statute  of  limitations  is  overall  long  enough.  However,  criminal 
investigations, indictments, and judgments on corruption, including in high-level cases, remain 
at a low level, raising serious concerns. The length of judicial investigations and trials related 
to  corruption  present  a  serious  challenge.  The  Whistleblowers  Act  broadens  the  scope  of 
protection  and  is  expected  to  improve  the  detection  of  corruption.  The  resources  of  the 
Commission  for  the  Prevention  of  Corruption  are  being  improved.  The  rules  on  conflict  of 
interests and incompatibility of office indicate certain gaps in supervision. The Court of Audit 
is  reflecting  on  improving  the  effectiveness  of  political  party  audits.  Risks  of  corruption  in 
public procurement persist, particularly in the health care sector. 

The situation of media freedom and pluralism continues to face challenges, although positive 
developments are noted with respect to a more favourable climate for media. The Government 
announced  an  overhaul  of  the  media  legislation  to  address  the  structural  challenges  of  the 
regulatory framework and foster transparency, plurality and resilience of the media landscape. 
Amendments  to  the  legal  framework  regulating  the  media  regulator  were  introduced,  but 
concerns remain regarding the lack of safeguards for its independence. The lack of specific 
rules on the allocation of state advertising and the regulatory and enforcement gaps in the field 
of media ownership transparency continue to raise concerns. In 2022, the financial situation of 
the Slovenian Press Agency has improved. A new law was adopted to reform the governance 
structure of the public services media and introduced safeguards for their independence. The 
Government took initial steps with regard to the protection of journalists.  

Civil  society  has  seen  improvements  in  the  enabling  environment,  resolving  a  challenge 
identified  in  the  2022  Report.  The  Government  submitted  into  parliamentary  procedure 
constitutional amendments to reduce the Constitutional Court’s considerable caseload and the 
Human  Rights  Ombudsperson  continued  to  receive  an  important  number  of  complaints. 
Legislative  amendments  introduced  safeguards  for  budgetary  autonomy  of  the  independent 
bodies. 

1 

 
 
 
RECOMMENDATIONS 

Overall,  concerning  the  recommendations  in  the  2022  Rule  of  Law  Report,  Slovenia  has 
(made): 

  Some  progress  on  ensuring  that  rules  on  parliamentary  inquiries  contain  adequate 
safeguards for independence of judges and state prosecutors, taking into account European 
standards on judicial independence. 

  Fully  implemented  the  recommendation  on  removing  obstacles  to  the  investigation  and 
prosecution  of  corruption  cases,  including  by  ensuring  the  operational  autonomy  of  the 
National Bureau of Investigation, increasing the resources of State Prosecution and revising 
the statute of limitation. 

  Some progress as regards adopting and start implementing without further delay the anti-

corruption strategy. 

  Fully  implemented  the  recommendation  on  strengthening  the  rules  and  mechanisms  to 
enhance the independent governance and editorial independence of public service media 
taking into account European standards on public service media. 

  Some progress on establishing non-legislative safeguards and no progress on establishing 
legislative  safeguards  to  protect  journalists,  particularly  online,  taking  into  account 
European standards on the protection of journalists. 

  Fully  implemented  the  recommendation  on  ensuring  requisite  safeguards  for  budgetary 

autonomy of the independent bodies. 

On this basis, and considering other developments that took place in the period of reference, 
and in addition to recalling the commitments made under the National Recovery and Resilience 
Plan relating to certain aspects of the justice system, it is recommended to Slovenia to: 

  Take forward the process to ensure that rules on parliamentary inquiries contain adequate 
safeguards for independence of judges and state prosecutors, taking into account European 
standards on judicial independence. 

  Ensure that the reform of judicial appointments contains adequate safeguards for judicial 

independence, taking into account European standards on judicial independence. 

  Take measures to  increase the remuneration of judges and state prosecutors, taking into 

account European standards on resources and remuneration for the justice system. 

  Adopt  the  new  anti-corruption  strategy  and  action  plan  with  concrete  measures  and  a 
timeframe  for  their  implementation  and  step  up  efforts  to  ensure  a  track  record  of 
investigations, prosecutions and final judgments in corruption offences, including in high-
level cases. 

  Take forward the process of adopting non-legislative safeguards and start the legislative 
process in relation to the protection of journalists, particularly online, taking into account 
European standards on the protection of journalists. 

2 

 
 
 
 
 
 
3 

 
 
 
I. 

JUSTICE SYSTEM  

The Slovenian justice system has three levels,  with  Local  and District  Courts (dealing with 
civil, commercial and criminal cases), and Labour Courts and an Administrative Court at first 
instance1, five Higher Courts (including Higher Labour and Social Court) at second instance 
and the Supreme Court at  third instance (dealing  mainly  with  appeals  on points  of law and 
requests  for  the  protection  of  legality  against  judgments  of  Higher  Courts  and  of  the 
Administrative  Court).  The  Constitutional  Court  carries  out  constitutional  review.  The 
Constitution provides for a Judicial Council, a sui generis body outside of the three branches 
of Government, which is tasked with protecting the independence as well as promoting and 
ensuring the accountability, efficiency and quality of work of the judiciary2. Candidate judges 
are selected by the Judicial Council and then proposed for election by the National Assembly 
(the first chamber of Parliament)3. If the Judicial Council selects a candidate who has already 
been elected to judicial office, the candidate is promoted to the new judicial position by the 
Council  itself.  However,  a  Supreme  Court  judge  shall  always  be  elected  by  the  National 
Assembly. The State Prosecution, while being part of the executive power, is an independent 
authority, with the main powers regarding the career of state prosecutors and its functioning 
resting with the State Prosecutorial Council and the Prosecutor General. The State Prosecutorial 
Council  is  an  independent  and  autonomous  state  body  that  performs  the  tasks  of  self-
governance of the State Prosecution and participates in ensuring the uniformity of prosecution 
and safeguarding the independence and autonomy of state prosecutors. Slovenia participates in 
the  European  Public  Prosecutor’s  Office  (EPPO).  The  Slovene  Bar  Association  is  an 
autonomous and independent body. It is responsible for supervising the professional activities 
of lawyers and deciding on disciplinary measures regarding its members4.  

Independence  

The level of perceived judicial independence in Slovenia continues to be average among 
both the general public and companies. Overall, 53% of the general population and 40% of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 

1   There are in total 60 first instance courts with one Labour Court also dealing with social security cases. The 

Administrative Court has the status of a higher court. 

2   The  primary  responsibility  of  the  Judicial  Council  is  the  selection  of  candidate  for  judicial  offices.  As 
guaranteed by the Constitution, the majority of members of the Judicial Council are judges, elected by their 
peers.  The  remaining  five  members  are  representatives  of  other  legal  professions,  elected  by  the  National 
Assembly based on the nomination of the President of the Republic. The Judicial Council manages its own 
budget.  

3   Since the initial re-election of judges after the independence of Slovenia in 1990s, the Parliament has rejected 
a  candidate  judge  for  first  appointment  only  once.  It  should  be  noted  that  a  candidate  judge,  who  is  not 
appointed, cannot request judicial review of the decision of the Parliament, which has no obligation to state 
reasons when rejecting a proposed appointment. 

4   According to the  Constitution, the Bar is  part of the judiciary.  Disciplinary Commissions of 1st and of 2nd 
Instance, each consisting of 16 lawyers elected for 3 years by the assembly of the Bar, decide (in three-member 
panels) regarding disciplinary sanctions at first instance and at second instance, respectively. The Disciplinary 
Court, consisting of three lawyers elected for 2 years by the assembly of the Bar and of two Supreme Court 
judges, decides on violations that could lead to a lawyer being disbarred. 

4 

 
                                                           
in 20235. According to data in the 2023 EU Justice Scoreboard, the level of perceived judicial 
independence among the general public has consistently increased in the last years. The figure 
has increased in comparison with 2022 (49%) and 2016 (30%). The level of perceived judicial 
independence among companies has decreased in comparison with 2022 (49%), but it is higher 
than in 2016 (29%). 

Legislative amendments have removed the Minister of Interior’s power to instruct the 
Police in individual cases that could have affected independent work of state prosecutors 
and  the  EPPO.  The  2022  Rule  of  Law  Report  found  that  the  2021  amendments  to  the 
Organisation and Work of the Police Act gave the Minister of the Interior the power to issue 
instructions  to  the  Police  even  when  the  latter  acted  in  the  framework  of  a  criminal 
investigation, until the moment the state prosecutors demanded in writing to take the lead of 
the  investigations  or  issued  written  guidance  to  the  Police6.  On  21  July  2022,  Parliament 
adopted  a  law  submitted  by  5 000  citizens  that  amended  the  Organisation  and  Work  of  the 
Police  Act,  including  on  the  Minister’s  power  to  issue  instructions7.  These  amendments 
removed the possibility for the Minister of Interior to instruct the Police in individual cases. 
The Ministry of the Interior is preparing new amendments to the Organisation and Work of the 
Police Act. 

Some progress has been achieved on introducing safeguards for judicial independence 
and autonomy of prosecutors, as amendments are being drafted. The 2022 Rule of Law 
Report  recommended  to  Slovenia  to  ‘ensure  that  rules  on  parliamentary  inquiries  contain 
adequate  safeguards  for  independence  of  judges  and  state  prosecutors,  taking  into  account 
European standards on judicial independence’8. The 2022 Report found that rules governing 
parliamentary  inquiries  lacked  the  safeguards  on  the  independence  of  judges  and  state 
prosecutors required by two Constitutional Court judgments9. In September 2022, the President 
of Parliament established a Working Group comprising members of all parliamentary political 
groups  tasked  with  preparing  amendments  to  the  Parliamentary  Inquiries  Act  and  the 

5   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

6   These  provisions  could  have  also  applied  to  the  relations  between  the  Slovenian  European  Delegated 
Prosecutors  and  the  Police.  Previously,  it  was  deemed  that  the  state  prosecutors  were  in  charge  of  the 
investigation  by  default,  from  the  moment  the  Police  informed  them  of  the  criminal  offence,  and  the 
Minister/Police hierarchy could not intervene. To be noted that on 23 June 2022, the Government amended 
the Decree on the cooperation of the state prosecutorial service and Police and removed the obligation of state 
prosecutors to demand in writing to take the lead of the investigations and the obligation to issue guidance to 
the Police in writing. 2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 
6. 

7   Act to reduce inequalities and harmful policy interventions and ensure respect for the rule of law, submitted 

into legislative procedure in April 2022, which amended a number of laws. 

8   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 2.  
9   In 2019, a Parliamentary Inquiry Committee opened an investigation to look into actions of prosecutors and 
judges in specific criminal cases. In January 2021, the Constitutional Court found the Parliamentary Inquiries 
Act and the Rules of Procedure on Parliamentary Inquiry to be unconstitutional, insofar as they lack procedural 
safeguards for ensuring the independence of judges. In August 2021, the Constitutional Court found similar 
deficiencies in relation to safeguards for ensuring the independence of state prosecutors. 2022 Rule of Law 
Report, Country Chapter on the rule of law situation in Slovenia, pp. 2-3. 

5 

 
                                                           
Parliamentary Rules of Procedure10, to implement the two Constitutional Court judgments and 
the 2022 Rule of  Law Report recommendation. Since November 2022, the Working Group 
held one meeting and its members were invited to submit suggestions to the draft amendments, 
which are expected to be adopted by the end of 202311. On 20 June, President of Parliament 
invited the Ministry of Justice to prepare the draft amendments as regards the safeguards for 
judges and state prosecutors. In light of these developments, only some progress was achieved 
regarding the recommendation made in the 2022 Rule of Law Report. 

New reforms envisage transferring the power to appoint judges from Parliament to the 
President and the Judicial Council, while adequate safeguards for judicial independence 
are lacking. On 26 September 2022, 53 members of Parliament submitted draft amendments 
to the Constitution, aiming to transfer the power to appoint first-time judges from Parliament 
to  the  President  of  the  Republic12.  In  parallel,  the  Ministry  of  Justice  has  been  preparing 
amendments to the Judicial Service Act and Courts Act, which would transfer the power to 
appoint Supreme Court judges and the Supreme Court President from Parliament to the Judicial 
Council13. In both reforms, the Judicial Council would retain its power to select and propose 
the candidates for first-time judges and Supreme Court judges and President. The stated aim of 
these reforms is to decrease the influence of politics in the election and appointment of judges14. 

10   It  should  be  noted  that  amendments  to  the  parliamentary  Rules  of  Procedure  require  a  relative  two-third 

majority (of members of Parliament present). 

11   Input from Slovenia for the 2023 Rule of Law Report, p. 2, written contribution from Parliament for the 2023 
Rule of Law Report, pp. 19-20, and information received from Parliament in the context of the country visit 
to Slovenia.  

12   The  members  of  Parliament  come  from  the  three  political  parties  in  the  governing  coalition.  Following  a 
special procedure for Constitutional revision, the parliamentary Constitutional Commission started discussing 
the  amendments  and  established  an  expert  Working  Group.  Upon  a  request  from  the  Judicial  Council, 
Parliament  has  invited  Council’s  representatives  to  the  Constitutional  Committee  sessions.  However,  the 
Expert Group does not  include a single judge  among  its  members.  Letter  from the Judicial Council to the 
President of Parliament, 3 October 2022, and letter from the Constitutional Commission Chairperson to the 
Judicial Council, 6 October 2022. 
In accordance with the parliamentary Rules of Procedure, the Constitutional Commission first voted on starting 
the constitutional revision, after which Parliament votes on starting the procedure and gives guidance to the 
Constitutional Commission on the drafting. After a new round of discussions and drafting in the Constitutional 
Commission, Parliament needs to approve the amendments to the Constitution with two third of all members 
(at  least  60,  out  of  90  members  in  total).  30  members  of  Parliament  can  request  a  referendum  on  the 
amendments. 

13   Draft amendments of the Judicial Service Act envisage that Supreme Court judges would be appointed by the 
Judicial Council (if the candidate is already a judge). Parliament would appoint candidates for Supreme Court 
judges, who are not yet judges (until the amendments to the Constitution come into force, transferring this 
power to the Judicial Council). Draft amendments to the Courts Act envisage that the President of the Supreme 
Court would be appointed by the Judicial Council, on prior opinion of the Minister of Justice and the plenary 
session of the Supreme Court. Written contribution from the Ministry of Justice following the country visit to 
Slovenia.  

14   To be noted that since the initial re-election of judges in 1990s, Parliament has rejected a candidate judge for 
first appointment only once. However, Parliament rejected several candidates for Supreme Court judges (three 
between 2018 and 2022 alone) or candidate for the President of the Supreme Court (in 2010). Replies from 
the Judicial Council to the 2022 ENCJ Judicial independence questionnaire, and Explanatory memorandum to 
amendments  to  the  Constitution,  p.  4.  Furthermore,  during  the  recent  procedure  for  the  appointment  of 
Supreme Court President (conducted end 2022 and beginning 2023), the Minister of Justice invited the only 
candidate  for  an  interview  before  the  judicial  bodies  issued  their  opinions  on  the  candidate,  which  raised 
concerns  of  some  members  of  the  Judicial  Council.  Minutes  from  the  session  of  the  Judicial  Council,  19 
December 2022. 

6 

 
                                                           
The amendments would also concern the article in the Constitution providing for a permanent 
judicial mandate, and would introduce a three-year probationary period, after which the judge 
could  be  appointed  for  a  permanent  term.  This  amendment  is  to  introduce  a  “professional 
examination  of  beginner  judges”  in  which  the  Judicial  Council  could  be  involved15.  The 
Judicial Council and the Supreme Court supported, in principle, the transfer of appointment 
powers,  although  the  Supreme  Court  stated  that  their  President  should  be  selected  by  the 
Supreme  Court  judges  themselves,  followed  by  a  solemn  oath  before  the  President  of  the 
Republic16.  The  explanatory  memorandum  to  the  draft  constitutional  amendments  does  not 
specify whether the President of the Republic would be obliged to follow the proposal of the 
Judicial Council and appoint the proposed candidate as a judge, nor does it make clear whether 
the  President’s  decision  not  to  appoint  a  candidate  would  need  to  be  reasoned  or  would  be 
subject  to  judicial  review.  The  Ministry  of  Justice  stated  that  the  President  of  the  Republic 
should be bound by the Judicial Council’s proposal, whereas the Council expressed the view 
that the President’s decisions should be both reasoned and subject to judicial review17. On 20 
February 2023, the Expert Group appointed by the Constitutional Commission presented its 
opinion on the draft constitutional amendments and stressed that the President of the Republic 
should not have any discretionary power in appointing judges and that to limit the President’s 
discretion, an obligation to provide reasoning for rejecting a candidate and access to judicial 
review should be provided for in the Judicial Service Act and the Judicial Council Act18. It is 
important  that the reform  of judicial  appointments  guarantees judicial independence, taking 
into account Council of Europe recommendations that provide that the Judicial Council should 
be authorised to make recommendations on a candidate judge which the appointing authority 
follows  in  practice  19.  Furthermore,  the  Expert  Group  strongly  criticised  the  removal  of  the 
permanent term of office for judges and the introduction of a probationary period, stating that 
the discretion in the draft constitutional provision20 in deciding about a judge’s permanent term 
of office would present a “systemic risk for a judge’s independence”21. In so far as the proposed 

15   Explanatory  memorandum  to  the  Proposal  for  beginning  the  procedure  for  amending  the  Constitution  of 

Republic of Slovenia with draft constitutional law, p. 7. 

16   Information received from the Supreme Court in the context of the country visit to Slovenia. 
17   Information received from the Ministry of Justice and the Judicial Council in the context of the country visit 

to Slovenia. 

18   Opinion of the Expert Group of the Constitutional Commission, 20 February 2023, p. 7. On 25 May 2023, the 
Constitutional Commission asked that the Expert Group should prepare suggestions for amending Art. 131 of 
the Constitution which prescribes the composition of the Judicial Council by taking into account international 
standards and good practices regarding composition, elections and functioning of Councils for the Judiciary. 
The  suggestions  should  focus  on  conditions  for  becoming  a  Council  member,  nomination  procedure, 
transparent work of the Council and professionalisation of the work of the Council members. 

19   “47. Where the constitutional or other legal provisions prescribe that the head of state, the government or the 
legislative power take decisions concerning the selection and career of judges, an independent and competent 
authority drawn in substantial part from the judiciary […] should be authorised to make recommendations or 
express  opinions  which  the  relevant  appointing  authority  follows  in  practice.”  Recommendation 
CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47. As regards the tenure and 
irremovability, see paras. 49-51 of the same Recommendation. 

20   The wording implying that the judge “could” be appointed. 
21   Opinion of the Expert Group of the Constitutional Commission, pp. 2-4, 20 February 2023 (considering that 

this would go “against the principle of ‘non-regression’ under EU law”). 

7 

 
                                                           
probationary period does not yet provide adequate safeguards for judicial independence (either 
in the Constitution or legislation), it raises concerns22.  

Changes  to  the  Judicial  Council  Act  focusing  on  its  procedural  role  in  disciplinary 
proceedings are in preparation. The 2022 Rule of Law Report noted that on the judiciary’s 
initiative,  amendments  to  the  disciplinary  framework  for  judges  and  to  the  provisions  on 
elections and status of Judicial Council members were in preparation23. The Ministry of Justice 
has since narrowed down the objective of the reform to addressing the unconstitutionality of 
certain provisions of the Judicial Council Act on disciplinary proceedings24. The objective of 
the reform of disciplinary proceedings appears to be in line with EU law and takes also into 
account  Council  of  Europe  recommendations25.  The  Judicial  Council  still  supports  a  wider 
reform  of  the  disciplinary  framework  that  would,  amongst  others,  clarify  the  disciplinary 
offences, and would require amending also other laws26.  

Quality  

Electronic  communication  tools  have  been  further  extended,  including  in  criminal 
justice27. Case management tools are advanced, particularly in courts. The 2023 EU Justice 
Scoreboard shows that in 2022 some improvements have been made, particularly regarding the 
use of electronic tools for communication of external actors with the State Prosecution Office 
and the procedural rules allowing digital technology in administrative cases28. However, room 
for improvement remains on electronic communication in criminal cases, which remains at the 
lowest level in the EU29. To address this, the Supreme Court plans measures to allow natural 
and  legal  persons  (including  victims  and  defendants)  to  submit  electronically  all  types  of 

22   “51. Where recruitment is made for a probationary period or fixed term, the decision on whether to confirm 
or renew such an appointment should only be taken in accordance with paragraph 44 so as to ensure that the 
independence of the judiciary is fully respected.” 
“44.  Decisions  concerning  the  selection  and  career  of  judges  should  be  based  on  objective  criteria  pre-
established  by  law  or  by  the  competent  authorities.  […]”  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers of the Council of Europe. 

23   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 4. 
24   Input from Slovenia for the 2023 Rule of Law Report, p. 3, and  information received from the Ministry of 
Justice in the context of country visit to Slovenia. The Constitutional Court  found that the Judicial Council 
should not have the possibility of initiating disciplinary proceedings against a judge in a situation where in the 
Disciplinary Court, appointed by the Council itself, also members of the Council are participating, Judgment 
of  the  Constitutional  Court  of  14  October  2021,  U-I-445/18-13,  para.  28.  In  order  to  prevent  an 
unconstitutional situation, the Judicial Council decided not to start any disciplinary proceedings on its own 
initiative,  until  the  amendments  are  adopted  resolving  the  issue.  Information  received  from  the  Judicial 
Council in the context of the country visit to Slovenia.  

25   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 4. 
26   Information received from the Judicial Council in the context of the country visit to Slovenia. In its analysis 
of March 2021, the Judicial Council identified, amongst others, the need for establishing a special disciplinary 
procedure instead of using criminal procedure, updating the list of disciplinary offences, revising the right of 
the  Judicial  Council  to  initiate  disciplinary  proceedings,  revising  disciplinary  sanctions  to  allow  for  more 
proportionality, and clarifying the limits on the length of suspension of a judge.  2021 Rule of Law Report, 
Country Chapter on the rule of law situation in Slovenia, p. 5. 

27   The  2022  Rule  of  law  Report  found  that  electronic  communication  tools  in  the  justice  system  were  being 
gradually improved, including in criminal justice, where room for improvement remains. 2022 Rule of Law 
Report, Country Chapter on the rule of law situation in Slovenia, pp. 6-7. 

28   Figures 40-48, 2023 EU Justice Scoreboard. The other areas do not show improvement, compared to 2021. 
29   Figure 44, 2023 EU Justice Scoreboard. 

8 

 
                                                           
 
documents  to  the  court  in  criminal  proceedings  by  end  202330.  As  regards  civil  and 
administrative cases, the Supreme Court plans to introduce electronic  communication in  all 
registers of the information system for all participants in court proceedings by end 202331. To 
further improve the electronic communication of the courts with professional users, such as 
state prosecutors, state attorneys, lawyers, notaries and the Police, the Supreme Court in 2023 
envisages  establishing  an  electronic  filing  service,  the  use  of  a  central  environment  for 
managing documents and access to the case-management system and case files32. In 2023, the 
Supreme Court plans to expand online access to published judgments, which remains limited 
for first instance courts33, through a series of improvements to the ICT system, particularly on 
anonymisation software and search tools34.  

The level of remuneration of judges and state prosecutors, largely unchanged since 2012, 
raises  concerns  and  was,  as  far  as  judges’  salaries  are  concerned,  declared 
unconstitutional by the Constitutional Court. The salaries of judges and state prosecutors 
have largely not been changed in nominal terms since 2012, while the salaries of civil servants 
and  functionaries  (ministers,  members  of  Parliament)  in  the  legislative  and  the  executive 
branches have been increased35. In real terms, this means that in the last 15 years, the salaries 
of judges and state prosecutors decreased by around 5% and 11%, respectively36. According to 
the  2023  EU  Justice  Scoreboard,  the  salaries  of  Slovenian  judges  and  state  prosecutors  are 
among the lowest in the EU, especially for first instance court judges and state prosecutors, 
when compared to the average national salary37. On 30 June 2023, the Constitutional Court, on 
request from the Judicial Council, declared the judges’ salaries as unconstitutional and contrary 
to the principle of judicial independence due to the disrespect of the constitutional requirement 
of their stability. The Constitutional  Court also  recognised  as  relevant  the  imbalance of the 
salary grades of the judiciary compared to those of the legislative and the executive branches 
and the delay  in  judges’ salaries increase  compared to  the increase of  the  average salary in 
Slovenia38.  The  Court  gave  Parliament  six  months  to  remedy  the  unconstitutionality. 
Representatives of the judiciary stated that the current salary system makes it difficult to attract 

30   Written contribution from the Supreme Court in the context of the country visit to Slovenia. 
31   Ibid. 
32   Ibid.  
33   Figure 47, 2023 EU Justice Scoreboard. 
34   The first part of the renovation of the application for processing and publishing decisions was completed in 
2022, and the envisaged development of the module for pseudo-anonymisation and the integration of solutions 
is underway, which, along with the simultaneous development of new search tools for the external and internal 
public, would enable the new system to start operating in 2023. Written contribution from the Supreme Court 
in the context of the country visit to Slovenia. 

35   Information received from the Supreme Court, the Judicial Council and the Judges’ Association in the context 

of the country visit to Slovenia.  

36   Ministry of Justice, Press release of 2 February 2023. 
37   Figure 31, 2023 EU Justice Scoreboard. 
38   The Constitutional Court declared the provision on annual adjustment of judges’ salaries as unconstitutional, 
as it does not guarantee that the salaries would actually be adjusted. Judgment of the Constitutional Court of 
1 June 2023, U-I-772/21-37 (published on 30 June 2023). For arguments raised in their constitutional request 
by the Judicial Council, which are similar to those relied upon by the Constitutional Court, see 2022 Rule of 
Law Report, Country Chapter on the rule of law situation in Slovenia, p. 8. On 19 April 2023, the President of 
the  Judicial  Council  expressed  similar  concerns  in  a  letter  to  the  European  Commission.  The  European 
Network  of  Councils  for  the  Judiciary  also  expressed  concerns  about  remuneration  of  judges  in  Slovenia. 
European Network of Councils for the Judiciary, Statement by the Executive Board on financial security in 
the context of judicial independence, 25 May 2023. 

9 

 
                                                           
and retain judges and state prosecutors in the justice system39. In October 2022, following the 
Government’s  agreement  with  public  sector  trade  unions,  amendments  to  the  Public  Sector 
Salary System Act led to an increase of 4,5% also of salaries of judges and state prosecutors40. 
The Government acknowledged that the current classification of officials (in the judiciary, and 
in the legislative and executive branches), and the ratio of their salaries, need to be reassessed41. 
The  elimination  of  disparities  between  officials  is  envisaged  as  part  of  the  upcoming  2023 
public sector salary system reform. In January 2023, the Government announced that all judges 
and state prosecutors would receive a temporary monthly salary increase of (gross) EUR 600, 
but the corresponding legislative amendments were withdrawn from the legislative process in 
February 2023 because of doubts about their constitutionality42. Considering the situation and 
developments,  the level  of salaries of judges and prosecutors raises concerns. According to 
Council of Europe recommendations, judges’ remuneration should be commensurate with their 
profession  and  responsibilities  and  be  sufficient  to  shield  them  from  inducement  aimed  at 
influencing  their  decisions43.  The  Venice  Commission  has  also  stated  that  a  sufficient 
remuneration is necessary to reduce the danger of corruption of prosecutors44. 

A planned judicial map reform would merge first instance District and Local Courts. As 
noted in the 2020 Rule of Law Report, the split between the first instance courts has long been 
identified as affecting the efficiency of the courts45. Currently, the court system has 55 first 
instance courts, with 44 Local Courts dealing primarily with low (financial) value civil litigious 
and non-litigious cases, and certain criminal cases. It also counts 11 District Courts dealing 
primarily  with  high-value  civil  cases  and  commercial  cases  among  legal  persons,  and  with 
certain criminal cases. Previous attempts, in 2019 and 2020, to conclude this reform have not 
been successful. In 2023, the Ministry of Justice envisages a reform to merge District and Local 
Courts, while retaining the geographical distribution of court units46.  

Efficiency 

The  overall  number  of  pending  cases  was  further  reduced,  but  the  length  of  trials 
increased  and  is  a  challenge  particularly  in  money  laundering  and  corruption  cases. 

39   Information received from the Supreme Court, Judges’ Association and the State Prosecutorial Council in the 
context of the country visit to Slovenia. For example, the imbalance between the public sector salary system 
and  the  salary  system  applicable  to  judges  leads  to  situations  where  officials  working  in  courts  (judicial 
advisers) sometimes have a higher salary than a judge. Information received from the Supreme Court in the 
context of the country visit to Slovenia. 

40   Input from Slovenia for the 2023 Rule of Law Report, p. 4. 
41   Ibid. 
42   These doubts were particularly due to the temporary character of the increase and the risk of creating new 

salary imbalances. Ministry of Justice, Press release of 2 February 2023. 

43   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 54, and 
Court of Justice of the European Union, judgment of 27 February 2018, C-64/16, Associação Sindical dos 
Juízes Portugueses, para. 45, ‘Like the protection against removal from office of the members of the body 
concerned […], the receipt by those members of a level of remuneration commensurate with the importance 
of the functions they carry out constitutes a guarantee essential to judicial independence’. 

44   Venice  Commission,  Independence  of  the  Judicial  System,  Part  II:  The  Prosecution  Service,  CDL-

AD(2010)040, para. 69. 

45   As a partial remedy, the 2009 and 2015 reforms brought Local Courts under the stronger control of District 
Courts in order to even-out the caseload and reduce jurisdictional conflicts. 2020 Rule of Law Report, Country 
Chapter on the rule of law situation in Slovenia, p. 5. 

46   Information received from the Ministry of Justice in the context of the country visit to Slovenia.  

10 

 
                                                           
According to the 2023 EU Justice Scoreboard, the efficiency of the justice system improved in 
2021, except in administrative cases, where the courts have experienced some challenges with 
managing incoming cases47. In 2022, according to the latest Supreme Court data, the  courts 
received 1% fewer cases and resolved 2% fewer cases than in 2021, with the total backlog of 
cases at the end of 2022 further decreasing by 5%48. However, in 2022, the average length of 
proceedings slightly increased both at first and second instance courts49. Additionally, the time 
needed for the first instance courts to conduct the first hearing increased in nearly all type of 
cases,  taking  up  to  20  months  in  civil  and  10  months  in  criminal  cases50.  At  first  instance 
criminal courts, the average length in 2021 in more complex money laundering offences further 
increased to 1 034 days (925 in 2021) and was 793 days in corruption offences, which were the 
longest in the EU51. The efficiency in administrative courts has been worsening since 2021, 
due  to  a  larger  number  of  incoming  cases  (10%  increase  in  2022,  compared  to  2021),  and 
despite a 11% increase in resolved cases, backlog increased by 2% at end of 202252. To address 
the  efficiency  in  administrative  courts,  in  February  2023  the  Government  proposed 
amendments  to  the Administrative Disputes Act,  which would allow simpler administrative 
cases  to  be  decided  by  a  single  judge53,  increase  procedural  discipline  and  introduce  new 
incentives for reaching a court settlement54. 

The Supreme Court working group on the reasons behind the increase in length of court 
proceedings  presented  its  findings  and  recommendations.  In  2021,  the  President  of  the 
Supreme  Court  established  a  working  group  consisting  of  Supreme  Court  and  appeal  court 
judges tasked to analyse the challenges, particularly those related to efficiency, regarding the 
adjudication  of  cases,  including  on  financial  and  economic  crime55.  The  working  group 
identified  courts  that  consistently  worked  in  an  efficient  manner,  and  those  with  efficiency 
challenges, and examined work practices, including through a questionnaire on best practices56. 

47   Figures 2-15, 2023 EU Justice Scoreboard. 
48   Written contribution from the Supreme Court in the context of the country visit to Slovenia. 
49   The average length of proceedings at first instance courts slightly increased to around 2 years in large value 
(23 months in 2021) and to 16  months in small  value litigious civil cases (15  months  in 2021), and to 13 
months in litigious commercial cases (11,4 in 2021). In criminal cases, the average length increased both in 
lesser offences (12 months, from 10,7 in 2021) and in more serious offences (18,5 months, from 16,6 in 2021). 
In appeal, the average length is much shorter, but also slightly increased in 2022, namely to 2,1 months in civil 
(1,8 in 2021) and to 2,9 months in commercial cases (2,7 in 2021). Written contribution from the Supreme 
Court in the context of the country visit to Slovenia. 

50   Time from the start of court proceedings until the first hearing slightly increased to 20 months in large value 
civil litigious cases (19,3 in 2021), 10,4 months in more serious criminal offences (8,7 in 2021), and to 8,3 
months in lesser criminal offences (8 in 2021). It stagnated in small value litigious civil cases (17 months), 
labour cases (13 months) and decreased in social cases to 6,1 months (7,4 in 2021). Written contribution from 
the Supreme Court in the context of the country visit to Slovenia. 

51   Figures 22 and 23, 2023 EU Justice Scoreboard. 
52   Written contribution from the Supreme Court in the context of the country visit to Slovenia. 
53   Instead of a panel of judges as is currently the case. 
54   Press release of the Ministry of Justice, 23 February 2023. 
55   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 9.  
56   Among  the  reasons  for  reduced  efficiency,  the  working  group  identified  changed  structure  of  civil  and 
commercial cases (e.g. an increase in damage claims requiring court hearings), uneven workload of judges 
(particularly  in  commercial  courts),  delays  in  filling  vacant  posts  of  judges  and  court  staff,  and  lengthy 
judgments (focussing on summarising witness’ statements, instead of assessing testimonies and evidence) and 
the non-use of streamlined case-management practices. Report of the working group to examine the reasons 
for the increase in resolution time and decrease in number of resolved cases, 9 June 2022. 

11 

 
                                                           
The  working  group  put  forward  several  recommendations,  such  as  addressing  the  uneven 
workload  of  judges,  adapting  procedural  rules  (in  inheritance,  civil,  misdemeanour  and 
criminal  procedures),  increasing  the  salaries  of  judges,  speeding  up  procedures  for 
replacement/appointment  of  judges,  introducing  speech  recognition  to  create  hearing 
transcripts, and introducing streamlined case-management practices57. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The  key  law  setting  up  the  institutional  and  legislative  framework  to  prevent  corruption  in 
Slovenia is the Integrity and Prevention of Corruption Act. The Commission for the Prevention 
of Corruption is an autonomous and independent state body, responsible for the prevention of 
corruption through administrative oversight of rules on integrity and conflicts of interests. It 
cooperates  regularly  with  the  police  and  the  State  Prosecution.  The  National  Bureau  of 
Investigation is the specialised criminal investigation unit for the detection and investigation 
of  serious  crimes,  including  corruption.  The  Specialised  Public  Prosecutor’s  Office  is 
responsible for the prosecution of corruption offences in both the public and the private sectors 
and directs the work of the police. The National Review Commission for Public Procurement 
is an independent and autonomous body that decides on the legality of the awarding of public 
contracts and can refer potential illegal acts to the police. The Court of Audit is the highest 
independent supervisory body for all public spending in Slovenia, and reviews political party 
finances. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high.  In  the  2022  Corruption  Perceptions  Index  by 
Transparency International, Slovenia scores 56/100 and ranks 16th in the EU and 41st globally58. 
This perception has been deteriorating59 over the past 5 years.  The 2023 Special Eurobarometer 
on Corruption shows that 83% of respondents consider corruption widespread in their country 
(EU average 70%) and 28% of respondents feel personally affected by corruption in their daily 
lives (EU average 24%)60. As regards businesses, 79% of companies consider that corruption 
is widespread (EU average 65%) and 38% consider that corruption is a problem when doing 
business  (EU  average  35%)61.  Furthermore,  26%  of  respondents  find  that  there  are  enough 
successful prosecutions to deter people from corrupt practices (EU average 32%)62, while 18% 

57   Report of the working group to examine the reasons for the increase in resolution time and decrease in number 

of resolved cases, 9 June 2022. 

58   Transparency International (2023), ‘Corruption Perceptions Index 2022’. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50). 

59   In 2018, the score was 60, while in 2022 the score is 56. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last 5 years. 

60   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

61   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

62  Special Eurobarometer 534 on Corruption (2023).  

12 

 
                                                           
of  companies  believe  that  people  and  businesses  caught  for  bribing  a  senior  official  are 
appropriately punished (EU average 30%)63.  

Some progress has been achieved regarding the adoption of an anti-corruption strategy. 
The  2022  Rule  of  Law  Report  recommended  to  Slovenia  ‘to  adopt  and  start  implementing 
without  further  delay  an  anti-corruption  strategy’64.  The  Resolution  on  the  Prevention  of 
Corruption lays out the national strategy in the  fight against corruption65. Together with the 
Action Plan for the Implementation of the Resolution, it forms a comprehensive anti-corruption 
and  integrity  strategy66.  The  Commission  for  the  Prevention  of  Corruption  (CPC),  in 
partnership  with  the  Ministry  of  Public  Administration  and  the  Ministry  of  Justice67  is 
preparing  a  new  Resolution  and  accompanying  Action  Plan  focusing  on  corruption  risks, 
concrete risk-mitigation measures, and a timeline for their implementation. The draft resolution 
is under preparation and a proposal should be finalised by the autumn 68. The CPC must adopt 
the corresponding Action Plan within three months of the Resolution’s adoption. In parallel, 
the new 2023-2026 Government Programme to Strengthen Integrity and Transparency in the 
Public Sector was adopted on 9 February 202369. The Programme’s objectives and measures 
should be included in the future Resolution and Action Plan70. Some progress has therefore 
been achieved regarding the recommendation made in the 2022 Rule of Law Report. 

The operational autonomy of the National Bureau of Investigation was restored, and its 
director was reinstated. The 2022 Rule of Law Report recommended to Slovenia to ‘remove 
obstacles to the investigation and prosecution of corruption cases, including by ensuring the 
operational  autonomy  of  the  National  Bureau  of  Investigation  […]’.  Serious  concerns  were 
raised in the 2022 Rule of Law Report71 about the undermining of the independence of the 
National Bureau of Investigation (NBI) brought about by amendments to the Organisation and 
Work  of  the  Police  Act  adopted  in  202172.  On  21  July  2022,  Parliament  adopted  a  law73 
submitted by 5 000 citizens that reversed previous changes to the Organisation and Work of 
the Police Act. These amendments, among others, re-established the autonomous status of the 
NBI,  the  Public  Prosecutor’s  power  to  direct  pre-trial  and  criminal  proceedings  without 

63   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
64   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 2. 
65   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 10. 
66   The current resolution dates from 2004 and the Action Plan was last amended in 2009. 
67   Twenty-five sector-specific working groups in areas such as health, public procurement, employment, media, 
and local government have been created, and include representatives from the public and private sectors and 
civil society. 

68   Input from Slovenia for the 2023 Rule of Law Report, pp. 12-13. Information received from the Commission 

for the Prevention of Corruption in the context of the country visit to Slovenia. 

69   Programme of the Government of the Republic of Slovenia to strengthen integrity and transparency in the 

public sector 2023 – 2026. 

70   The  Programme,  the  third  of  its  kind,  includes  measures  to  strengthen  the  integrity  of  institutions,  public 
employees,  high  officials,  and  other  public  sector  employees,  including  on  conflicts  of  interest,  as  well  as 
improving transparency of public sector operations. Interim reports are envisaged every six months. Written 
contribution and information received from the Ministry of Public Administration in the context of the country 
visit to Slovenia. 

71   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 11.  
72   Amendment to Article 21 of the Organisation and Work of the Police Act. 
73   Act  to  Reduce  Inequalities  and  Harmful  Policy  Interventions  and  Ensure  Respect  for  the  Rule  of  Law, 

submitted into legislative procedure in April 2022, which amended a number of laws.  

13 

 
                                                           
direction from the Ministry of Interior, and the procedure for the appointment and dismissal of 
the NBI’s Director and other Police leadership positions, now without the decisive role of the 
Minister  of  Interior.  On  26  July  2022,  the  previous  Director  of  the  NBI,  who  had  been 
appointed  in  June  2019  but  dismissed  in  May  2020  was  reinstated74.  The  Government  is 
currently preparing amendments to the Police Tasks and Powers Act75. One of the objectives 
is to prevent any political interventions in decision-making through a more precise regulation 
of the supervision of police work to enhance the objectivity, professionalism, and effectiveness 
of individual forms of supervision mechanisms76. Based on these developments, the part of the 
2022  recommendation  on  ensuring  the  operational  autonomy  of  the  National  Bureau  of 
Investigation has been fully implemented. 

The  statute  of  limitations  is  overall  long  enough  to  carry  out  proceedings,  also 
considering that the resources of the State Prosecution and the Police have increased, 
and vacant posts are expected to be filled. The 2022 Rule of Law Report recommended to 
Slovenia  to  ‘remove  obstacles  to  the  investigation  and  prosecution  of  corruption  cases, 
including  by  […]  increasing  the  resources  of  State  Prosecution  and  revising  the  statute  of 
limitation’77.  In  2022,  thirty-two  new  prosecutor  posts  and  60  posts  for  officials,  and  the 
corresponding financial resources, were approved for the period 2023-202478. The number of 
district state prosecutors at the Specialised State Prosecutor’s Office (SSPO) was increased 
by  four  posts79  while  at  the  end  of  2022,  213  prosecutorial  posts  were  filled  in  the  State 
Prosecution Offices out of a total of 236 envisaged posts80. The expectation is that the vacant 
posts should be filled during 2023 and 202481. The National Bureau of Investigation is in the 
process of employing five new financial crime specialists and nearly all allocated posts are 
filled  (i.e.,  64  out  of  70  Senior  Criminal  Police  Inspector-Investigator  positions).    While 
lengthy procedures for recruitment and transfers can deter skilled applicants from applying, 
the  NBI  considers  it  has  sufficient  capacity82.  As  for  the  statute  of  limitations,  in  2017 
penalties for most corruption criminal offences were increased while the limitation period was 
extended from 10 to 20 years. The revised law also suspended the statute of limitation during 

74   Police Press Release, The management of the National Bureau of Investigation today is taken over by Darko 

Muženič, 26 July 2022.  

75   Input from Slovenia for the 2023 Rule of Law Report, p. 16, and information and written contribution received 

from the Police and the Ministry of the Interior in the context of the country visit to Slovenia.  

76   Written contribution received from the Ministry of the Interior in the context of the country visit to Slovenia. 
In this context, it should be noted that in December 2022, the then Minister of the Interior resigned and stated 
this  was  due  to  political  pressures  from  the  Government  on  the  work  of  the  Police,  including  about 
management decisions within the Police and the choice of the Director-General of the Police, whose acting 
status  was  prolonged  twice.  Since  then,  the  Government  appointed  a  new  acting  Director-General  and 
journalists raised questions whether he fulfils the criteria for appointment as Director-General. 

77   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 2. 
78   Information received from the Ministry of Justice and the State Prosecutor General in the context of the country 

visit to Slovenia. The first 25 vacancies were published in March 2023.  

79   Ibidem. The Specialised State Prosecutor’s Office  also received key financial and technical resources  with 
plans to modernise and upgrade electronic equipment. Input from Slovenia for the 2023 Rule of Law Report, 
pp. 14-15 and its Annex II, p. 22. 

80   Written contribution from the Ministry of Justice in the context of the country visit to Slovenia.  
81   New salary reforms to ensure parity between the salaries of judges and prosecutors are also being considered 
Information received in the context of the country visit with Slovenia from the Supreme State Prosecutor’s 
Office and the State Prosecutor General. 

82   Written contribution and information received from the NBI in the context of the country visit to Slovenia.  

14 

 
                                                           
the time when it is legally not possible to start or continue a criminal prosecution or when a 
perpetrator  is  unavailable  to  state  authorities.  Accordingly,  the  limitation  period  for 
prosecution expires 20 years after the commission of the criminal offence, even for corruption 
offences83. Previous attempts to undo these changes were unsuccessful and there are currently 
no plans to revise the statute of limitation for corruption offences84. While for some criminal 
offences,  such  as  certain  modalities  of  unauthorised  acceptance  of  gifts,  the  statute  of 
limitation is 20 years85, for others the limitation period remains unchanged at ten years86. The 
SSPO  has  thus  maintained  its  concern  about  this  shorter  period  (particularly  in  public 
procurement in the health sector) especially when combined with procedural obstacles, such 
as  lengthy  judicial  investigations87.  Over  a  five-year  period  (2017-2022),  the  SSPO 
prosecuted twelve such cases in the health sector88. Therefore, it appears that the statute of 
limitations is overall long enough to carry out proceedings, and only a relatively low number 
of cases in the health sector are affected by the 10-year limitation period. Furthermore, the 
increase  of  resources  in  the  State  Prosecution  could  improve  efficiency  in  prosecuting 
corruption. Therefore, the relevant parts of the recommendation made in the 2022 Rule of 
Law Report were fulfilled. 

Criminal investigations, indictments and judgments in corruption cases remain at a low 
level and the backlog of court cases has increased, raising serious concerns. In 2022, the 
number  of  criminal  reports  filed  by  the  Police  to  the  State  Prosecution  regarding  alleged 
corruption offences stood at 191 cases, a level comparable to the 187 cases in 2021 (below the 
298 cases in 2020)89. Cooperation between EPPO and the police and prosecution reportedly 
works well90. The number of indictments brought by state prosecutors in 2022 with 24 cases is 

83   The 20-year limitation period is considered amongst the longest in European countries. Input from Slovenia 

for the 2022 Rule of Law Report, p. 13. 

84   Input from Slovenia for the 2022 Rule of Law Report, pp. 13-14 and Annex II, p. 22. In 2021, the opposition 
had proposed draft amendments to reduce the time available to start and conduct a criminal investigation, but 
these  changes  were  not  pursued.  The  European  Chief  Prosecutor  had  also  expressed  serious  concerns  that 
those  proposed  amendments  would  have  considerably  shortened  the  time  span  available  for  the  detection, 
prosecution  and  trials  related  to  criminal  offences  falling  within  the  competence  of  the  European  Public 
Prosecutor’s  Office  and  would  compromise  ongoing  investigations.  2022  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Slovenia, pp. 12-13. 

85   Article 241(1) of the Criminal Code.  
86   E.g.  for  another  modality  of  the  offence  of  unauthorised  acceptance  of  gifts  under  Article  241(2)  of  the 

Criminal Code which carries a prison sentence from three months to five years and a fine. 

87   Specialised State Prosecution Office (2023), Annual Report 2022, p. 153.  
88   All 12 cases were prosecuted under Article 241(2) of the Criminal Code, for which the statute of limitation is 
10 years, not 20 years as for most other corruption offences. Written contribution from the Specialised State 
Prosecution Service in the context of the country visit to Slovenia.  

89   According to the Police, the figure of 191 cases is above the ten-year average of 145. In 2022, an increase in 
corruption crimes against the economy was detected (37 corruption cases compared to the five-year average 
of 34 and the ten-year average of 30). Written contribution from the Police in the context of the country visit 
to  Slovenia.  Reasons  for  these  fluctuations  vary  e.g.,  corruption  may  be  difficult  to  detect  and  investigate 
because the persons concerned are closely connected and cover for each other, or because individuals only 
report cases informally or anonymously to avoid appearing as witnesses in a judicial process, or do not report 
at all because they fear reprisals or are bribed themselves. Specialised State Prosecution Office (2023), Annual 
Report 2022, pp. 147, 151 and 155. Information received from the Specialised State Prosecution Office and 
the State Prosecutor General in the context of the country visit to Slovenia. 

90   Written contribution from the Police in the context of the country visit to Slovenia and contribution from the 
EPPO  for  the  2023  Rule  of  Law  Report.  According  to  statistical  data  and  police  records,  in  2022  police 
administrations received 10 cases for consideration in connection with damage to EU funds. See also EPPO, 

15 

 
                                                           
similar to the trend in the previous two years (21 in 2021 and 23 in 2020, a significant drop 
from 123 in 2019)91. The data on all corruption offences show that the number of first instance 
court judgments also decreased from 53 in 2021 to 11 in 2022 (compared to 29 in 2020 and 28 
in 2019)92 while the number of unresolved court cases increased significantly from 259 in 2021 
to 353 in 2022 (compared to 67 in 2020 and 203 in 2019)93. These trends raise serious concerns 
about the effectiveness of the investigation and prosecution of corruption offences and their 
effective adjudication. The OECD has raised similar concerns over the lack of enforcement of 
the  foreign  bribery  offence94.  The  situation  for  high-level  corruption  cases  has  remained 
unchanged  since  the  last  Report95  as  no  high-level  corruption  judgments  were  delivered  in 
202296. In 2022, the prosecution reported that it dealt with cases involving four persons that 
could meet the conditions for high-level corruption97. The Supreme State Prosecution Office is 
conducting an analysis of 243 cases against 35 officials – mayors and deputy mayors – and the 
reasons why the majority of cases were closed without indictment or conviction in the period 
2007-2020. The report is expected by the end of 202398. 

The length of judicial investigations and first instance court trials related to corruption 
offences present a serious challenge to effective prosecution of such offences. According to 
the  2023  EU  Justice  Scoreboard,  at  first  instance  criminal  courts,  the  average  length  in 
corruption offences in 2021 was 793 days, which was the highest in the EU99. The length of 
judicial proceedings relating to corruption and other complex offences together with the pre-

‘Slovenia: Indictment submitted against two persons and two legal entities for EU funding fraud’, 20 April 
2023.  

91   Input from Slovenia for the 2023 Rule of Law Report, Annex I, p. 4.  
92   Ibidem. Part of the backlog has been attributed to the delays caused by the COVID-19 pandemic. See e.g., 

Specialised State Prosecution Office (2023), Annual Report 2022, p. 146. 

93   Ibid.  
94   OECD,  Working  Group  on  Bribery,  Implementing  the  OECD  Anti-Bribery  Convention  Phase  4  Report: 
Slovenia, 11 March 2021, p. 14. Slovenia has not prosecuted any foreign bribery cases since it became Party 
to  the  Convention  in  1999.  These  concerns  are  maintained.  See  OECD,  Working  Group  on  Bribery, 
Implementing the OECD Anti-Bribery Convention Phase 4 Two-Year Follow-Up Report: Slovenia, 9 March 
2023, pp. 3-4.  

95   2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 12. In 2020, there was 

one such judgment involving a mayor and none in 2019.   

96   A criminal procedure in a high-profile corruption case involving a foreign company in the energy sector is 
currently  still  ongoing,  also  involving  several  individuals.  Input  from  Slovenia  for  the  2023  Rule  of  Law 
Report, p. 14. 

97   A complaint for corruption against several persons, including against the former Prime Minister was closed in 
May 2023 after the district prosecutor decided that there was no ground for continuing the procedure. On 20 
June 2023, the first instance Court acquitted the mayor of Ljubljana and six co-defendants accused of misuse 
of  EU  funds  and  abuse  of  office.  In  this  case,  the  court  trial  started  more  than  nine  years  after  the  police 
investigation, and the judgment was delivered twelve years after the alleged criminal conduct. The Specialised 
State  Prosecution  Office  announced  it  will  appeal  the  court's  decision.  Another  case  at  the  pre-trial  stage 
involves three persons, including a mayor. A request for judicial investigation has been made against three 
persons, including a mayor and a  deputy mayor. There were also two recent high-level cases concerning a 
judicial investigation of a former Minister for the acquisition of protective medical equipment and pre-criminal 
proceedings against a former Secretary of State for cash development assistance for the more demonstrable 
offences of abuse of public office, abuse of office or trust in an economic activity, or damage to public funds. 
Written  contribution  from  the  Specialised  State  Prosecution  Office  in  the  context  of  the  country  visit  to 
Slovenia. See also Specialised State Prosecution Office (2023), Annual Report 2022, pp. 155-157. 
98   Information received from the State Prosecutor General in the context of the country visit to Slovenia.  
99   Figure 23, 2023 EU Justice Scoreboard. See above, section Justice system - Efficiency in this Country Chapter. 

16 

 
                                                           
trial  phase  presents  a  serious  obstacle  for  the  prosecution  services100.  One  significant 
procedural bottleneck stems from the fact that evidence and witness testimony must be carried 
out  three  times.  First,  a  witness  is  questioned  by  the  Police  who  makes  an  official  record 
(unsigned  by  the  witness),  but  which  has  no  probative  value  in  court.  Second,  a  witness  is 
questioned by the investigating judge during the judicial investigation101, which can last for 
several months102. Third, a witness is questioned during the main hearing, often taking place 
many years after the crime. Ensuring that the first witness statement drawn up by the police 
would have probative value under the law to avoid a repetition during the judicial investigation 
is one way to improve the situation103. Another is to change the role of the investigating judge 
as a guarantor judge104, ensuring that the witnesses are questioned by the prosecutor and the 
defence lawyer, but not by the investigative judge105. Changes to the Criminal Procedural Code, 
announced by the Ministry of Justice for end 2023106 could potentially offset some of these 
shortcomings and significantly shorten the length of the proceedings. 

The resources of the Commission for the Prevention of Corruption are being increased 
and plans to upgrade the IT system are progressing. The changes to the rules of procedure 
of the Commission  for the Prevention of Corruption (CPC) in  October 2021107 resulted in 
better safeguards for defendants, which improved the CPC’s success rate when their findings 
were  challenged  in  court108.  In  2022,  the  CPC  received  695  notifications  of  corruption, 
breaches  of integrity, and violations of other provisions of the  Integrity  and Prevention of 
Corruption Act (such as incompatibility of offices) as compared to 629 in 2021 and 728 in 

100  Other challenges include high standards for the admissibility of evidence in the courts, restrictions on the use 
of special investigative measures essential to investigate and prove complex corruption cases, inadequate rules 
on witness protection (only a judge can grant anonymity and only if there is a threat to life), and overburdened 
specialised criminal court departments (e.g., for banking and financial crime that may also have elements of 
corruption). Information received from the Specialised State Prosecution Office, the Police and the NBI in the 
context of the country visit to Slovenia. See also Specialised State Prosecution Office (2023), Annual Report 
2022, p. 158-159 and its written contribution in the context of the country visit to Slovenia.  

101  Witness questioning consumes most of the time during a judicial investigation. Before that, the investigating 
judge must issue a search warrant and decide on the defence's request to exclude evidence. Any appeal against 
that decision must be decided by a higher court.  It can take several months, often more than a year, before an 
investigation order becomes final. Written contribution from the Specialised State Prosecution Office in the 
context of country visit to Slovenia. 

102  The hearing of evidence for criminal offences in the health sector can take from ten months to one year and 
seven months and an average of one year and nine months for banking crime. Obtaining evidence from abroad 
via mutual legal assistance also causes delays. Specialised State Prosecution Office (2023), Annual Report 
2022, pp. 159, 164-165. 

103  Written  contribution  from  the  Specialised  State  Prosecution  Office  in  the  context  of  the  country  visit  to 

Slovenia. 

104  Investigative judges would still maintain their role for the approval of detention orders and the most intrusive 
investigative measures. Both Specialised State Prosecution and Supreme Court have expressed support for the 
possibility  to  reform  the  role  of  investigative  judges.  Information  received  from  the  Specialised  State 
Prosecutor’s Office, the State Prosecutor General and the Supreme Court in the context of the country visit to 
Slovenia. 

105  Written  contribution  from  the  Specialised  State  Prosecution  Office  in  the  context  of  the  country  visit  to 
Slovenia. Setting up a specialised court to deal with corruption cases is another possibility. See Specialised 
State Prosecution Office (2023), Annual Report 2022, p. 168. 

106  Information received from the Ministry of Justice in the context of the country visit to Slovenia.  
107  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 13. 
108  Information received in the context of the country visit to Slovenia from the Commission for the Prevention 

of Corruption. 

17 

 
                                                           
2020. It resolved 661 cases109 (compared to 646 in 2021 and 785 in 2020). The budget of the 
Commission has increased yearly since 2019 and is expected to increase further by 2024110. 
The CPC was granted five additional staff in 2022 (same as in 2021) and currently employs 
47  staff111.  An  additional  five  staff  for  2023  and  an  additional  five  posts  to  cover  new 
responsibilities under the whistleblower protection legislation will be allocated112. The CPC 
is in the process of publishing a public tender to replace and renew the internal  IT system 
designed to digitize and facilitate the input and availability of data about asset declarations, 
the lobbying registry and whistleblowing reports113. Nearly 20 000 officials must declare their 
assets before taking up duties, but the Commission only has the capacity to check a random 
selection  of  declarations,  currently  estimated  at  around  five  to  seven  percent.  The  new  IT 
system aims to improve the situation and ensure better analytical tools for data evaluation114. 

The Court of Audit is reflecting on possibilities to improve  its effectiveness  as regards 
auditing of political parties. The Court of Audit monitors the regularity of political parties’ 
operations,  conducts  a  mandatory  review  of  their  annual  reports,  and  can  file  criminal 
notifications in cases of financial misdemeanours. The Court carried out a review of only 12 
small political parties in 2021115 (13 in 2020116) and highlighted the need for more frequent 
audits 117. The Court did not carry out any political party audits in 2022 as it gave priority to 
campaign financing audits which was resource-intensive (in a year of multiple elections)118. 
The Court audits political parties119 over a three-year cycle, but it only has the capacity to audit 
around one-third of the parties each year over that period. This means that each party is only 
risk-assessed for the preceding one year and not for the remaining two years in the cycle120. 
The  next  cycle  runs  from  2023-2026  and  the  Court  is  reflecting  on  how  to  systematically 
improve the efficiency and effectiveness of these audits121.  

The  new  Protection  of  Whistleblowers  Act  broadens  the  scope  of  protection  and  is 
expected  to  improve  the  detection  of  corruption.  The  new  Act  entered  into  force  on  22 

109  Of  these  661  cases,  there  were  397  resolved  notifications  of  corruption  and  breaches  of  integrity  and  264 
resolved notifications of violations of other provisions of the Integrity and Prevention of Corruption Act. A 
few cases were from the previous year. Commission for the Prevention of Corruption (2023), Annual Report 
2022. See also its Assessment of the Situation in 2022. 

110  Information received from the Commission for the Prevention of Corruption in the context of the country visit 

to Slovenia. 

111  Chief Commissioner, two Deputy Commissioners and 44 public servants. Input from Slovenia for the 2023 

Rule of Law Report, p. 14. 

112  Information received in the context of the country visit to Slovenia from the Commission for the Prevention 

of Corruption. 

113  Written contribution and information received from the Commission for the Prevention of Corruption in the 

context of the country visit to Slovenia. 

114  Ibid. 
115 2022  Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 15.  
116 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 13. 
117  Information received from the Court of Audit in the context of the country visit to Slovenia. Transparency 
International Slovenia is equally concerned about the infrequency of political party financing audits according 
to information received in the context of the country visit to Slovenia.  

118  Information received from the Court of Audit in the context of the country visit to Slovenia. 
119  Political party financing is regulated in the Election and Referendum Campaign Act. 
120  Information received from the Court of Audit in the context of the country visit to Slovenia.  
121  Ibid. 

18 

 
                                                           
February  2023.  The  law  aims  to  implement  the  EU  Whistleblowers  Directive122  but  also 
provides protection for all persons reporting any breach of national legislation123. The new law 
sets up external and internal reporting channels and procedures enabling individuals to report 
breaches  of  regulations  in  work-related  contexts.  The  Act  also  defines  the  powers  of  the 
Commission  on  the  Prevention  of  Corruption  (CPC)124  and  the  safeguards  and  support 
measures to prevent or eliminate retaliation against whistleblowers, including unemployment 
benefits, legal aid, and psycho-social assistance. The law has been positively received by the 
CPC and by civil society125. The latter welcomed the provisions allowing whistleblowers to 
make anonymous reports126. From the law enforcement perspective, the National Bureau of 
Investigation indicated their expectation that the new law will positively result in an increase 
in  reports  of  infringements,  whereas  the  Specialised  State  Prosecution  Office  stated  that 
additional protection of whistleblowers under criminal procedural law would be required to 
encourage more reports on corruption127.  

The  rules  on  conflict  of  interests  and  incompatibility  of  office  indicate  certain  gaps  in 
supervision.  In  2022,  the  Commission  for  the  Prevention  of  Corruption  (CPC)  issued  31 
recommendations  (62  in  2021)  and  seven  initiatives  for  inspection  on  issues  such  as 
incompatibility of office and conflicts of interests128. It received 353 notifications of corruption, 
38  reports  of  breaches  of  integrity  and  304  reports  of  violations  of  other  provisions  of  the 
Integrity and Prevention of Corruption Act129, resolved 661 cases (629 in 2021) of which 82 
cases were reported to the Police or the Specialised Prosecutor’s Office (91 in 2021)130 . The 
CPC has encountered challenges in applying integrity rules and monitoring conflicts of interest 
and incompatibilities between public office and private functions particularly at the local level 

122  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 
123  Input from Slovenia for the 2023 Rule of Law Report, pp. 14 and 20 and information received in the context 
of  the  country  visit  to  Slovenia  from  the  Ministry  of  Justice  and  the  Commission  for  the  Prevention  of 
Corruption. 

124  In 2022, the CPC received one request for whistle-blower protection and helped establish a causal link between 
the initial report and the retaliatory measures suffered by the whistleblower. Input from Slovenia for the 2023 
Rule of Law Report, p. 20. 

125 Information received from the CPC and Transparency International in the context of country visit to Slovenia. 
126  Civil society took an active role in the process and some of their ideas were incorporated into the draft law. 
Information received from Transparency International Slovenia in the context of the country visit to Slovenia. 
See also Transparency International Slovenia (2023), Press Release – TI Slovenia's response to the adoption 
of the Law on the protection of whistleblowers. 

127  For example, having the possibility for witnesses or suspects who bring information about alleged corruption 
offences to remain anonymous in criminal proceedings even in situations where there is no direct threat to 
their life  (currently only a judge can grant anonymity to witnesses and only if their lives are endangered). 
Information received from the NBI and the Specialised State Prosecution Office in the context of the country 
visit to Slovenia. 

128  In 2022, the CPC issued a series of official systemic explanations clarifying the legal and practical aspects of 
lobbying, of conflicts of interest with an emphasis on prevention, the declaration and supervision of assets, as 
well as prohibitions and restrictions on gifts in the public sector. Input from Slovenia for the 2023 Rule of Law 
report, pp. 18-19. 

129  Such  as  incompatibility  of  offices,  prohibitions  regarding  memberships  and  activities,  limitations  and 
prohibitions regarding the acceptance of gifts, restrictions on operations, the duty to avoid any conflicts of 
interest, the duty to declare assets, etc. 

130 Commission for the Prevention of Corruption (2023), Annual Report 2022. See also its ‘Assessment of the 

Situation in 2022’.  

19 

 
                                                           
(within  212  municipalities)131.  The  CPC  has  oversight  functions  under  the  Integrity  and 
Prevention of Corruption Act (IPCA)132 covering professional holders of public office but not 
under the Public Employees Act covering other public servants and which does not necessarily 
preclude income-generating professional or other activity133. In addition, independent checks 
at  the  local  level  do  not  seem  to  be  carried  out  regularly  while  the  CPC  does  not  have 
competence to carry out checks at that level134. Such systematic discrepancies in the application 
of the rules and between office holders indicate a need for legislative streamlining, including 
at the local-municipal level135. There are no indications of any planned reforms in this area at 
this stage136. The CPC completed an analysis of corruption risks in public sector employment 
following  a  change  of  government.  It  identified  potential  systemic  corruption  risks  in 
employment  of  officials  and  persons  of  trust  (political  appointees)  after  the  expiry  of  their 
mandate. It issued recommendations on how to address these risks including the need for a 
legal framework for a “cooling-off period” after the end of the term of office137. On the side of 
Parliament, the Council of the President of the Parliament is responsible for monitoring the 
implementation of the Code of Ethics for members of Parliament138 and, in case of misconduct, 
may issue sanctions. In 2022, three potential breaches of the Code of Ethics were detected139. 

131  Information received in the context of the country visit to Slovenia from the CPC.  
132  The  IPCA  applies  to  professional  holders  of  public  office  that  include  high-level  officials  such  as 
parliamentarians,  members  of  government  and  judges  as  well  as  officials  in  other  state  bodies  and  local 
communities. Unless they are covered by another act, such officials may not engage in any income-generating 
professional or other activity. Certain exceptions apply (e.g., engaging in pedagogical, scientific, artistic, or 
cultural or activities) which must be notified to the CPC.  

133 The practical consequence of this legal framework is that certain public officials, such as directors of health 
institutions at the local level are not prevented from engaging in any paid profession and thus not in breach of 
‘incompatibility of office’ as they are covered by the terms of their employment contract and conflict of interest 
rules under the Public Employees Act rather than by the IPCA. Information received from the Ministry of 
Justice and the CPC in the context of the country visit to Slovenia. In addition, there are no limits to the amount 
of additional income deriving from certain activities in associations, foundations or political parties nor is it 
taken into consideration when assessing incompatibilities of office or conflict of interest. Article 27 (1) of the 
IPCA. See also Rule of Law Report 2022, p. 13, footnote 85. 

134  Such  checks  would  be  conducted,  for  example,  by  supervisory  bodies  of  companies  owned  by  local 
municipalities (e.g., Council of a health institution owned by the municipality). Information received from the 
Ministry of Justice and CPC in the context of the country visit to Slovenia. 

135  Information received in the context of the country visit to Slovenia from the Commission for the Prevention 
of Corruption. In 2021, the CPC had already warned that the current legislation was inconsistent, unequal, and 
deficient,  opening  room  for  diverging  interpretations  and  different  treatment.  It  had  identified  systemic 
corruption  risks  and  issued  recommendations  to  the  government,  including  the  uniform  regulation  of 
incompatibility of functions and prohibition of membership and activities for all officials within the provisions 
of the IPCA, defining, if necessary, the acceptable level of income or other financial benefits for professional 
public officials by law, and establishing a method of sanctioning directly elected officials in cases of perceived 
violations in connection with incompatibility of functions. See Commission for the Prevention of Corruption 
(2021),  Opinion  on  the  examination  of  the  complaints  alleging  infringements  of  the  provisions  on  the 
incompatibility of the duties of officials.  

136  The Government’s 2022-2026 Programme to Strengthen Integrity and Transparency in the public sector takes 
account of the 2020 CPC guidance on conflict of interests. Written information received in the context of the 
country visit to Slovenia from the Ministry of Justice and the Ministry of Public Administration. 

137  Commission for the Prevention of Corruption (2022), Analysis of the assessment of corruption risks including 

clientelism in public sector employment in the period of government change between 2004 and 2013. 

138  The Council of the President of the National Assembly adopted, at its 71st meeting of 12 June 2020, the Code 
of Ethics for Deputies of the National Assembly of the Republic of Slovenia. Available here: https://www.dz-
rs.si/wps/portal/en/Home/AboutNA/PoliticalSystem/CodeEthics. 
139  Input from Slovenia for the 2023 Rule of Law Report, Annex II, p. 25. 

20 

 
                                                           
They were discussed in a closed meeting of the Council of the President in January 2023. The 
cases were withdrawn, and no sanctions were imposed140. 

Lobbying reports to the Commission for the Prevention of Corruption have improved 
but there are issues with the interpretation of the rules. In 2022, the Commission for the 
Prevention of Corruption (CPC) received 3 639 lobbying reports (4 526 in 2021). In 2022, it 
carried out 9 proceedings for violations of the lobbying rules (12 in 2021) and concluded they 
had been breached in 6 cases (5 in 2021; 3 cases are not finalised) and initiated 4 misdemeanour 
proceedings (none finalised)141. The level of reporting amongst interest groups has improved. 
However,  the  CPC  was  compelled  to  issue  guidelines142  clarifying  the  legal  and  practical 
aspects of lobbying in view of the flexible interpretation by interest groups and lobbyists as to 
who is covered by and who is exempt from the rules143. The CPC expects that the IT system 
being developed will improve its technical capacity to review the lobbying reports and increase 
the reporting level144. 

Risks of corruption in public procurement persist particularly in the health care sector. 
Several  actions  were  taken  in  the  past  to  increase  digitalisation  and  competition  in  public 
procurement procedures, including a new amendment to the Public Procurement Act, in force 
since 1 January 2022145. The Flash Eurobarometer on Businesses’ attitudes towards corruption 
in the EU shows that 26% of companies in Slovenia (EU average 26%) think that corruption 
has prevented them from winning a public tender or a public procurement contract in practice 
in the last three years146. In February 2023, the Ministry of Health and the Commission for the 
Prevention of Corruption announced their intention to carry out an analysis of public sector 
performance in the field of healthcare147. The Ministry of Public Administration has continued 
its efforts to increase the level of transparency by upgrading the Register of Public Procurement 
Contracts148 to provide more detailed information about the life cycle of public contracts149. To 

140  Information received from the Parliamentary Secretariat in the context of the country visit to Slovenia. 
141 Commission for the Prevention of Corruption (2023), Annual Report 2022.  
142  Commission for the Prevention of Corruption (2022), ‘Systemic Explanation of Lobbying’.  
143  Information received from the CPC in the context of the country visit to Slovenia.  
144  Ibid.  
145  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p.16. In the context of the 
European Semester, a Country Specific Recommendation is addressed to Slovenia to improve competition, 
professionalisation and independent oversight in public procurement. 

146  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). This is at the same 

level as the EU average. 

147  This will review suppliers in the field of procurement of medical equipment and pharmaceutical and personal 
care products in relation to 26 public care institutions for the period 1 January 2018 to 31 December 2022. 
Ministry of Health, Press Release - ‘Ministry of Health launches supplier analysis to public health institutions’, 
and Commission for the Prevention of Corruption, Press Release - ‘The Commission, in cooperation with the 
Ministry of Health, launched an analysis of suppliers to 26 public health institutions at secondary level’, 22 
February 2023. The Specialised State Prosecutor's Office reports that the health and energy sectors remain at 
high risk of corruption in 2022. Specialised State Prosecution Office (2023), Annual Report 2022, pp. 146, 
152-153, 159 and 161.  In 2022, the Commission for the Prevention of Corruption identified a high risk of 
corruption or conflicts of interest primarily in public procurement in the healthcare sector. Input from Slovenia 
for the 2023 Rule of Law Report, pp. 20-21. 

148 Part of the Public Procurement Portal available at https://www.enarocanje.si/.  
149  Such  as  on  public  spending,  including  contracts,  their  amendments,  and  annexes,  as  well  as  monthly 
publication  of  payments  for  concluded  contracts.  Information  received  from  the  Ministry  of  Public 
Administration in the context of the country visit to Slovenia.  

21 

 
                                                           
address  the  possible  lack  of  transparency  behind  the  use  of  the  negotiated  procedure,  an 
amendment  to  the  Public  Procurement  Act150  introduces  safeguards  to  mitigate  against 
corruption risks.  In 2022, the Commission for the Prevention of Corruption referred several 
cases to the National Review Commission for Public Procurement.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In Slovenia, the legal framework for freedom of expression and information is established by 
the Constitution151, while media plurality is ensured through specific secondary legislation152. 
The  audiovisual  media  services  regulator,  the  Agency  for  Communication  Networks  and 
Services (AKOS), an authority which is legally and functionally distinct from the Government. 
The  Access  to  Public  Information  Act  guarantees  access  to  information  held  by  public 
authorities, while the rules on transparency of media ownership require companies to declare 
to  the  competition  authorities  the  ownership  or  management  influence  above  a  certain 
threshold. A considerable change in ownership requires also the agreement of the competent 
ministry. A new law regulating the public service broadcaster RTV Slovenija is in force and 
under constitutional review.  

Amendments to the legal framework regulating the media regulator were introduced, but 
concerns  remain  with  regard  to  lack  of  safeguards  for  its  independence.  AKOS  is  a 
convergent  regulator  serving  several  different  sectors,  including  telecommunications,  postal 
services, railway service market, radio frequency spectrum, broadcasting, and other electronic 
media153. AKOS has also been active in the promotion of media literacy and has continued to 
develop the media and information literacy portal, one of the first online portals developed by 
media regulators in the EU aimed at raising public awareness on the importance of critical and 
safe use of media content and information technologies154. In addition, AKOS is competent for 
the enforcement of the audiovisual media regulation on hate speech; in this context, it issued, 
in  2022,  guidelines  on  the  implementation  of  content  regulation  prohibiting  incitement  to 
violence or hatred and incitement to commit terrorist offences155, and dealt with two cases of 
incitement  to  hatred  concerning broadcasting programmes156.  In order to  fulfil its extensive 
functions,  AKOS  relies  on  a  self-financing  system  based  on  fees  collected  from  the 

150  Law  on  amendments  to  the  Public  Procurement  Act  (ZJN-3D),  Official  Journal,  No.  28/2023  of  3.3.2023, 

adopted on 21 February, published on 3 March and entered into force on 1 April 2023.  

151 Constitution of Slovenia, Article 39. Slovenia ranks 50th in the 2023 Reporters without Borders World Press 

Freedom Index compared to 54th in the previous year. 

152  Mass Media Act, Audiovisual Media Services Act, Electronic Communication Act 2022. 
153 2022 Media Pluralism Monitor, country report for Slovenia, p. 13.  
154  AKOS (2021), Annual Report 2021, pp. 70-71, and information received from AKOS in the context of the 

country visit to Slovenia.  

155  AKOS  (2022),  the  Agency's  position  and  recommendation  to  publishers  on  the  implementation  of  the 

provision of the audiovisual media services act prohibiting incitement to violence or hatred. 

156  While an alleged case of racial discrimination is still under investigation, in October 2022, AKOS found that 
the broadcaster Nova24TV station and its show ‘Who is Lying to You?’ had incited violence and hatred on 
the grounds of belief, political or other opinion, violating the Audiovisual Media Services Act, AKOS (2022), 
‘Decision 06121 – 13/2022/7’, and information received from AKOS in the context of the country visit to 
Slovenia.  

22 

 
                                                           
undertakings operating in the sectors falling under its regulatory remit157. The Government has 
also secured further human resources to support the fulfilment of the new tasks attributed to 
AKOS in the Audiovisual Media Services Act158. Nevertheless, some stakeholders consider the 
current  level  of  AKOS  resources  insufficient  for  the  fulfilment  of  its  responsibilities  in  the 
electronic  media  field159.  The  independence  of  AKOS  is  guaranteed  by  the  new  Electronic 
Communication  Act  adopted 
the  Electronic 
in  September  2022  and 
Communication Code160. Parliament eventually withdrew certain controversial provisions on 
the appointment and dismissal of the head of AKOS, contained in the original proposal, which 
were  seen  as  violating  AKOS’s  autonomy161.  However,  certain  critical  provisions  already 
reported in the 2022 Rule of Law Report remain unchanged162. 

transposing 

New safeguards have been adopted to improve the independence of the  public services 
media. The 2022 Report recommended Slovenia to “strengthen the rules and mechanisms to 
enhance the independent governance and editorial independence of public service media”163. 
Over the last year, challenges to the independence of RTV Slovenija persisted164 with issues 
reportedly related to the appointment to the management roles, alleged mobbing and smearing 
of RTV Slovenija staff, and the adoption by the RTV Slovenija’s management of controversial 
measures on staffing and programming165. This has included threats of dismissal, disciplinary 
actions and incentives for early retirements, which have also led the Union of RTV Slovenija 
journalists  to  stage  several  strikes  demanding  editorial  autonomy  and  the  resuming  of  an 
effective social dialogue166. In December 2022, amendments to the RTV Slovenija Act entered 

157 For its operation AKOS relies on an overall budget of EUR 5.5 million, EUR 700 000 of which are devoted to 
the enforcement of media regulation. Information received from AKOS in the context of the country visit to 
Slovenia. 

158 Information received from AKOS in the context of the country visit to Slovenia.  
159  Contribution from Liberties (Peace Institute) for the 2023 Rule of Law Report, p. 4; 2023 Media Pluralism 
Monitor, country report for Slovenia, p. 12 and information received from the Peace Institute & National NGO 
umbrella network (CNVOS) in the context of the country visit to Slovenia. 

160  Electronic Communication Act 2022, Articles 242-249. 
161  AKOS (2022), Press release – Agency for further consideration of the electronic communications act without 
controversial  provisions;  STA  (2022),  New  electronic  communications  act  passed,  as  confirmed  by 
information received in the context of the country visit to Slovenia from AKOS and the Ministry of Culture.  
162  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 17. In particular, the 
Director General is still appointed by the Government upon a proposal from the responsible minister, after a 
public selection and there are no rules for the Director General to avoid conflict of interests during the term of 
office with the Government or the political parties, Electronic Communication Act 2022. 
163 2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 2. 
164 2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, pp. 18-19. According to 
European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 43% of respondents in Slovenia 
stated that they trust public TV and radio stations, below the EU average of 49%. 

165  In March 2023, the Higher Labor and Social Court found the appointment of the incumbent Director General 
of RTV Slovenija to be illegal, as he did not meet the relevant experience criteria required by law, see STA, 
2021 appointment of  RTV director general ruled unlawful,  8 March 2023. In August 2022, the incumbent 
Director of TV Slovenija questioned the editorial decisions of a news anchor and the editor, asking the editor-
in-chief to assess their actions, while a court decision of September 2022 found the dismissal of the previous 
Director of TV Slovenija unlawful, see contribution from the National NGO umbrella network (CNVOS) for 
the 2023 Rule of Law Report, pp. 6-7. The Director General of RTV Slovenija appointed a different editor-in-
chief, disregarding the indications of the newsroom staff, 80% of whom voted for a different candidate, see 
contribution from Liberties (Peace Institute) for the 2023 Rule of Law Report, p. 8. 

166  Stakeholders reported about dozens of complaints filed by RTV Slovenija staff with relevant authorities over 
alleged  pressures  received  by  the  leadership  of  the  public  broadcaster,  Contribution  from  Liberties  (Peace 

23 

 
                                                           
into  force  after  being  confirmed  at  the  referendum  held  in  November  2022167.  These 
amendments  are  currently  under  constitutional  review  before  the  Constitutional  Court168, 
following  an  initiative  launched  in  January  2023  by  the  president  of  the  RTV  Slovenija 
Programme Council169, who considered the new rules unconstitutional as, inter alia, they would 
no longer allow Parliament to appoint members of the RTV governing bodies170. On similar 
premises, some stakeholders have opposed the new law as an attempt by the ruling coalition to 
remove the incumbent leadership of RTV Slovenija and achieve a disguised politicisation of 
the public service broadcaster “by the back door”171. In the Government’s view, supported by 
several stakeholders, the new Act depoliticises the relevant governing and management bodies 
and aims to restore the RTV Slovenija independence vis-à-vis political actors172. In particular, 
the law replaces the two former governing bodies, the Programme Council and the Supervisory 
Council, whose majority of members was appointed by Parliament, with a new single Council, 
which  is  composed  of  representatives  appointed  by  the  RTV  Slovenija  staff,  independent 

Institute)  for  the  2023  Rule  of  Law  Report,  p.  9;  Contribution  from  the  National  NGO  umbrella  network 
(CNVOS) for the 2023 Rule of Law Report, p. 6, and information received from the Union of Journalists, the 
Association of Journalists, and the Peace Institute & National NGO umbrella network in the context of the 
country visit to Slovenia. The MPM 2023 considered the independence of public service media at high risk, 
with a risk score of 96%, due to the deteriorating working conditions and the escalation of managerial and 
political pressures on RTV Slovenija staff, 2023 Media Pluralism Monitor, country report for Slovenia, p. 19. 
167  62.83% of voters supported the amendments to the RTV Slovenija Act, according to the results provided by 

the National Electoral Commission. 

168  On 16 February 2023, the Constitutional Court temporarily suspended, until the adoption of its final judgment, 
the  implementation  of  the  transitional  provisions  regulating  the  setting  up  of  the  new  governing  and 
management bodies of RTV Slovenija, while allowing the continuation of the appointment procedures for the 
new Council. Stakeholders indicated a lack of clarity with respect to the operational capacity of the public 
broadcaster  as  the  new  Council  could  not  start  operating  while  the  incumbent  governing  and  managerial 
bodies,  operating  in  an  ‘acting  capacity’  could  only  perform  caretaker  duties  and  were  not  able  to  fully 
function. With a decision adopted on 26 May 2023, the Constitutional Court lifted the temporary suspension 
of  the  transitional  provisions  and  allowed  the  amendments  to  the  RTV  Slovenija  Act  to  fully  take  effect, 
including the possibility for the new RTV Slovenija Council to be established and start operating, Decision of 
the Constitutional Court of 16 February 2023, U-I-479/22-25; STA, Jurist says court's decision on RTV law 
creates legal uncertainty, as confirmed by information received by the Association of Journalists, the Peace 
Institute  &  National  NGO  umbrella  network,  and  the  Union  of  Journalists;  Decision  of  the  Constitutional 
Court of 26 May 2023, U-I-479/22-63; STA (2023), Constitutional Court allows new RTV Slovenija Act to 
take effect. 

169  STA (2022), Constitutional challenge of changes to RTVS act filed. 
170  Written contribution  from the Programme  Council of  RTV Slovenija in the context of  the country visit  to 

Slovenia. 

171  According  to  some  stakeholders,  this  would  be  achieved  through  selected  groups  and  according  to  non-
transparent appointment procedures of the members of the new Council, leading to a corporatist capture of the 
public service media where specific entities would be able to promote their partisan and sectorial interests to 
the detriment of pluralism. Information received from the Programme Council of RTV Slovenija in the context 
of the country visit to Slovenia; written contribution from the Association of Journalists and Publicists in the 
context of the country visit in Slovenia, pp. 3-4. 

172  Input  from  Slovenia  for  the  2023  Rule  of  Law  Report;  pp.  23  and  25  Contribution  from  Liberties  (Peace 
Institute) for the 2023 Rule of Law Report, pp. 7-8; Contribution from the International Press Institute for the 
2023 Rule of Law Report, p. 15; Contribution from the National NGO umbrella network (CNVOS) for the 
2023 Rule of Law Report, pp. 4-5; Contribution from the European Federation of Journalists for the 2023 Rule 
of Law Report, pp. 59-60; as confirmed by information received in the context of the country visit to Slovenia 
from the Ministry of Culture, the Union of Journalists, the Peace Institute & National NGO umbrella network, 
and the Association of Journalists. 

24 

 
                                                           
entities, and civil society organisations173. In addition, the new law also reforms the managerial 
structure  of  RTV  Slovenija,  by  replacing  the  post  of  director  general  with  a  collective 
management board of four members174. On 5 June 2023, the new Council held its first session 
in which it elected its president and started the procedure for the selection and appointment of 
the new collective management board. Considering that under these new rules the governing 
and managerial bodies are no longer directly appointed by Parliament, the possibility for any 
Government, through its parliamentary majority, to exert political influence on RTV Slovenija 
is expected to be significantly reduced. Pending the final decision of the Constitutional Court 
on  the  merit,  the  newly  adopted  rules  are  therefore  expected  to  enhance  the  independent 
governance  and  editorial  independence  of  public  service  media.  Consequently,  the 
recommendation made in the 2022 Rule of Law Report has been fully implemented.  

The situation of the Slovenian Press Agency has improved. Since the 2022 Rule of Law 
Report175,  no  political  interference  in  the  editorial  choices  of  the  Slovenian  Press  Agency 
(STA)  have  been  reported  by  stakeholders176,  as  the  new  Government  has  repealed  the 
regulatory framework which enabled the Government Communication Office (Ukom) to fund 
STA on a per-item basis rather than annually177. The contract for the financing of the public 
service of the Agency, signed by STA and Ukom in January 2023, raised the funds by around 
10% compared to the previous year178. The STA’s Director and staff welcomed the contract as 
an  important  development  towards  ensuring  more  financial  stability  and  adequate  editorial 
independence for the Agency179. Nevertheless, the Union of Journalists has stressed the need 
to properly update the relevant legislation, the Slovenian Press Agency Act, to prevent potential 
future financial exhaustion crises180.  

173  In  particular,  the  new  Council  will  be  composed  of  17  members,  of  which  six  will  be  appointed  by  the 
employees of RTV Slovenija, while the remaining 11 members will be appointed on the basis of public calls 
by the Italian National Union, the Hungarian National Community, the President of the Republic of Slovenia, 
the Slovenian Academy of Science, the National Culture Committee, the Slovenian Olympic Committee, the 
Information Commissioner, the Council for Sustainable Development, and the Human Rights Ombudsperson, 
respectively, Act amending the RTV Slovenija Act, article 17.  

174  In particular, the Chairman of the management board will be appointed by the Council on the basis of a public 
tender, one member, acting as Labour Director, will be directly elected by the RTV Staff, while the remaining 
two  members  will be appointed by the  Council on a proposal from the Chairman,  Act amending the  RTV 
Slovenija Act, article 21. 

175  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, pp. 19-20. 
176  Contribution from the International Press Institute for the 2023 Rule of Law Report, p. 16 and information 
received from the Peace Institute & National NGO umbrella network (CNVOS) in the context of the country 
visit to Slovenia. 

177  2023 Media Pluralism Monitor, country report for Slovenia, p. 18; STA (2022), Government repeals contested 
regulation on STA public service obligation, as confirmed by information received in the context of the country 
visit  to  Slovenia  from  the  Peace  Institute  &  National  NGO  umbrella  network  (CNVOS)  and  the  Union  of 
Journalists.  

178  STA (2023), Government endorses annual contract with STA for 2023.  
179  STA (2023), STA director says new funding contract to allow normal functioning, and information received 
from the Peace Institute & National NGO  umbrella network (CNVOS) and the Union of Journalists in the 
context of the country visit to Slovenia. 

180  Information received from the Union of Journalists in the context of the country visit to Slovenia. 

25 

 
                                                           
The gap in the legal framework regulating transparency of media ownership continues 
to raise concerns. As mentioned in previous Reports181, the legislative framework is outdated 
and  characterized  by  regulatory  and  enforcement  gaps  for  addressing  high  concentration  of 
media and ownership transparency. The Mass Media Act requires publishing or broadcasting 
companies to disclose information about individual ownership or management stakes in the 
company when they exceed 5%182. However, several stakeholders have stressed that the current 
transparency  regime  does  not  provide  for  enough  data  allowing  to  identify  the  beneficial 
owners nor to detect some complex cross-ownership structures which are used to circumvent 
the rules limiting horizontal and cross-media concentration in the media sector183. Stakeholders 
have also indicated the need to address the loopholes which enable to circumvent the rules on 
media concentration, leading to high levels of horizontal concentration in the media market 
and  the  related  risk  of  decreasing  plurality  and  diversity  of  content184.  In  this  regard,  the 
Government has announced an overhaul of the media legal framework with a view to improve 
transparency and plurality in the media sector as well as the system of media regulation185.  

The regulatory gap for ensuring transparency in the allocation of state advertising has 
not  been  addressed  yet.  As  reported  in  previous  Reports186,  the  legal  framework  neither 
contains  rules  on  the  transparency  of  state  advertising  nor  adequate  safeguards  against  its 
political misuse. As reported by several stakeholders, the misuse of state advertising is a long-
standing issue in the media landscape; state advertising is often allocated, both at national and 
local level, in a non-transparent manner, without taking into account professional marketing 
standards  or  objective  key  performance  indicators  such  as  audience  ratings  or  print 
circulation187. In this respect, the Government indicated the adoption of rules aimed at ensuring 

181  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, pp. 17-18; 2021 Rule of 
Law Report, Country Chapter on the rule of law situation in Slovenia, pp. 16-17; 2020 Rule of Law Report, 
Country Chapter on the rule of law situation in Slovenia, p. 12. 

182  Mass Media Act, Articles 12 and 14.  
183  2023 Media Pluralism Monitor, country report for Slovenia, p. 14, as confirmed by written contribution from 
the  Association  of  Journalists  and  Publicists  in  the  context  of  the  country  visit  in  Slovenia,  p.  8,  and 
information  received  from  the  Union  of  Journalists,  the  Human  Rights  Ombudsperson,  AKOS,  the  Peace 
Institute & National NGO umbrella network (CNVOS), and the Association of Journalists in the context of 
the country visit to Slovenia.  

184  2023 Media Pluralism Monitor, country report for Slovenia, p. 14, as confirmed by information received in 
the context of country visit to Slovenia  from the  Association of Journalists; The Media Pluralism Monitor 
2022 reports a high risk for the indicator on news media concentration, stemming in particular from the high 
horizontal concentration which characterizes the radio and the print sectors, which are dominated by the same 
actors by means of unclear ownership structures: “The media market is small and horizontal concentration is 
generally high. Same is true for vertical integration. The highest horizontal concentration is present in the radio 
sector  (which  is  dominated  by  one  actor  operating  through  unclear  ownership  structures),  followed  by  the 
magazine sector (dominated by the same publisher as in the radio sector, increasing cross-media concentration 
even further). […] Combining radio and television activities, advertising and radio and television activities or 
telecommunications and radio and television activities is not permitted. The limitations are however not always 
implemented […]”, 2022 Media Pluralism Monitor, country report for Slovenia, pp. 14-15.  

185  STA  (2023),  Minister:  Media  reform  to  prioritise  protection  of  STA,  RTV  independence,  and  information 

received from the Ministry of Culture in the context of the country visit to Slovenia. 

186  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p.18; 2021 Rule of Law 
Report, Country Chapter on the rule of law situation in Slovenia, pp. 17-18; 2020 Rule of Law Report, Country 
Chapter on the rule of law situation in Slovenia, p. 12.  

187  Contribution from Liberties (Peace Institute) for the 2023 Rule of Law Report, p.6; 2023 Media Pluralism 
Monitor, country report for Slovenia, p. 19; 2022 Media Pluralism Monitor, country report for Slovenia, p. 19, 

26 

 
                                                           
the transparent and fair allocation of state advertising as one of its priorities188. In the first half 
of  2023,  the  Government  Communication  Office  is  expected  to  issue  guidelines  aimed  at 
providing  state  institutions  with  common  criteria  for  the  transparent  allocation  of  their 
advertisements189. In June 2022, Parliament established an inquiry to investigate the allegedly 
illegal  direct  or  indirect  advertising  practices  followed  by  state  institutions,  state-owned 
enterprises and other public bodies190.  

Access to information is ensured through a robust legal framework, although misuse in 
practice  has  been  reported.  The  right  of  access  to  information  is  enshrined  in  the 
Constitution191 and regulated by the Access to Public Information Act, which provides for well-
defined  exceptions limiting the access  to  certain  information  as well as appeal  mechanisms 
against decisions by which public bodies refuse or dismiss a request of access192. In 2022, the 
Access to Public Information Act was amended to transpose the EU Open Data Directive193, 
fostering  the  re-use  of  relevant  information  held  by  public  institutions  and  bodies194. 
Nevertheless, stakeholders have reported on the misuse of the relevant provisions by public 
administrations  which  results  in  the  access  to  information  being  restricted  or  prevented  in 
practice195.  

The Government has taken some initial steps to address challenges related to the safety 
of journalists. The 2022 Rule of Law Report recommended to Slovenia to ‘establish legislative 
and other safeguards to protect journalists, particularly online, taking into account European 
standards on the protection of journalists’196. The freedoms of expression and information are 
enshrined  in  the  Constitution  and  judicial  mechanism  are  in  place  to  uphold  them.  The 
Government has announced to strengthen the regulatory framework for the safety of journalists 
through the implementation of an Anti-SLAPP (strategic lawsuits against public participation) 
package and the establishment of an information contact point for victims of SLAPP cases197. 

as  confirmed  by  information  received  in  the  context  of  the  country  visit  to  Slovenia  from  the  Union  of 
Journalists, the Association of Journalists, and AKOS.  

188  STA  (2023),  Minister:  Media  reform  to  prioritise  protection  of  STA,  RTV  independence,  and  information 

received from the Ministry of Culture in the context of the country visit to Slovenia. 

189 Contribution from Liberties (Peace Institute) for the 2023 Rule of Law Report, p.6. 
190  STA (2022), Parliament launches inquiry into financing of "party propaganda in media”; the act ordering the 
establishment of the parliamentary inquiry was published in the Official Journal of the Republic of Slovenia, 
No. 89/2022 of 1 July 2022. 

191  Constitution of Slovenia, Article 39. In March 2023, Slovenia also ratified the Council of Europe Convention 

on access to public documents.  

192  Access to Public information Act, Articles 5, 5a, 6 and 27.  
193  Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and 

the re-use of public sector information. 

194  Input from Slovenia for the 2023 Rule of Law Report, p.26. 
195  In particular, stakeholders have reported about cases of public institutions and bodies not replying to requests 
of access, excessively prolonging the relevant procedures or providing only partial information, Contribution 
from  the  International  Press  Institute  for  the  2023  Rule  of  Law  Report,  p.21;  Contribution  from  Liberties 
(Peace Institute) for the 2023 Rule of Law Report, p.12; 2023 Media Pluralism Monitor, country report for 
Slovenia, p. 12; 2022 Media Pluralism Monitor, country report for Slovenia, pp.11-12.  
196  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 2. 
197  In  April  2023,  the  Government  established  a  working  group  which  is  composed  by  representatives  of  the 
Ministry  of  Justice  and  the  Ministry  of  Culture  and  is  tasked  with  implementing  the  Commission 
Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who 
engage in public participation from manifestly unfounded or abusive court proceedings. The working group is 

27 

 
                                                           
On 17 March 2023, the Government established a Strategic council for the Prevention of Hate 
Speech aimed at addressing online coordinated attacks and smear campaigns against journalists 
and civil society activists198. Based on inputs received by relevant interested parties, including 
the  representatives  of  the  competent  ministries,  civil  society  organisations  and  experts,  the 
Strategic Council is preparing a set of recommendations, which are intended to be adopted in 
July 2023, with a view to propose measures that could foster a more effective prevention of 
hate speech and the protection of journalists199. In addition, schemes for quality journalism and 
democracy  with  a  view  to  support  independent  journalism  and  enhance  the  media  sector’s 
resilience are also under development200.. Several stakeholders have indicated an improvement 
with respect to the general attitude of the new Government towards the media community and 
the  possibility  for  media  outlets  and journalists  to  work  in  a  less  hostile environment201.  In 
2022,  the  Mapping  Media  Freedom  platform  registered  12  alerts  in  Slovenia,  a  significant 
decrease compared to 2021 when 29 incidents were reported202. However, different sources 
and  stakeholders  have  reported  ongoing  cases  of  threats  and  pressures  exerted  by  the 
management of RTV Slovenija against the editorial staff203. In addition, the increasing trend to 
SLAPPs204 and the current lack of an anti-SLAPP framework205, as well as the recurrence of 
cases of online harassment, intimidations, and smear campaigns against journalists, including 
from relevant political figures206, remain a source of concern for media actors in Slovenia. In 
this respect, the Association of Journalists has been active in developing initiatives aimed to 
increase the safety and protection of journalists and other media workers, which include the 

also charged with carrying out a public call for the establishment of the information contact point for victims 
of  SLAPP  cases,  written  contribution  from  the  Ministry  of  Culture  in  the  context  of  the  country  visit  in 
Slovenia.  

198  The Strategic Council, established by the Prime Minister, is composed of representatives of the Government, 
other public institutions and civil society organisations and is vested with monitoring and advisory powers, , 
Government of Slovenia (2023), Press release – Prime Minister’s Office launches the Strategic Council for 
the Prevention of Hate Speech, as confirmed by written contribution from the Ministry of Culture in the context 
of the country visit in Slovenia. 

199  At its 5th Meeting held in May 2023, the Strategic Council made a set of draft proposals for the regulation of 
hate speech in the media field. As regards the protection of journalists, the draft recommendations stressed the 
need for the competent authorities to promptly address cases of attacks against journalists. To this end, the 
Strategic  Council  proposed  the  introduction  of  regular  training  for  prosecutors,  judges,  police  and  other 
relevant authorities, and that prosecution of criminal offences committed on journalists and other related media 
actors  should  start  ex  officio  and  not  on  proposal  from  the  victim.  In  addition,  the  recommendations  also 
suggested that all procedures concerning media actors should be prioritised through an expedited procedure, 
Government of Slovenia, Press release – Strategic Council to Prevent Hate Speech on The Media, 25 May 
2023.  

200  Information received from the Ministry of Culture in the context of the country visit to Slovenia.  
201  Information received from the Association of Journalists and the Peace Institute & National NGO umbrella 

network (CNVOS) in the context of the country visit to Slovenia. 

202  Mapping Media Freedom, Slovenia country profile. 
203  See footnotes 165 and 166. 
204 The newspaper Necenzurirano has been targeted by more than 50 lawsuits, resulting in extensive legal costs 
which  negatively  affected  the  financial  viability  of  the  media  outlet,  Contribution  from  Liberties  (Peace 
Institute) for the 2023 Rule of Law Report, p. 11; Contribution from the European Federation of Journalists 
for the 2023 Rule of Law Report, pp. 60-61.  

205  Contribution from the International Press Institute for the 2023 Rule of Law Report, p. 21. 
206  2023 Media Pluralism Monitor, country report for Slovenia, p. 11 and 12; Contribution from Liberties (Peace 
Institute)  for  the  2023  Rule  of  Law  Report  p.  11;  Contribution  from  the  National  NGO  umbrella  network 
(CNVOS) for the 2023 Rule of Law Report., p. 6; Written contribution from the Association of Journalists 
and Publicists in the context of the country visit in Slovenia, pp. 2-3, and pp. 5-6. 

28 

 
                                                           
launch of a platform for reporting attacks on journalists207 and the development of a regular 
communication  channel  with  the  Police  with  a  view  to  exchange  relevant  information  and 
increase the safety of journalists208. Nevertheless, several stakeholders flagged the deterioration 
of  journalists'  working  conditions  and  the  lack  of  adequate  public  intervention  to  properly 
sustain  professional  journalism  and  the  media  sector209.  In  light  of  the  generally  improved 
attitude of the Government towards media, as also reflected in the lower number of cases of 
harassments against journalists, which represents a positive development, and considering that 
the Government has taken some initial steps for the implementation of the announced measures 
concerning  the  protection  of  journalists,  there  was  some  progress  on  implementing  the 
recommendation made in the 2022 Rule of Law Report.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Slovenia has a parliamentary system of government with  an ‘imperfect’ bicameral structure, 
where  only  the  National  Assembly  (the  first  chamber  of  Parliament),  and  not  the  National 
Council (the second chamber of Parliament), adopts laws210. Draft legislation can be tabled by 
the Government, any member of Parliament (the National Assembly), the National Council or 
at  least  5 000  ‘voters’.  The  Constitutional  Court  carries  out  ex  post  constitutional  review, 
including in concrete cases on the basis of a constitutional complaint. In addition to the justice 
system and other bodies, the Human Rights Ombudsperson and the Advocate of the Principle 
of Equality are also in charge of the protection of the rights of individuals. 

The share of laws adopted by urgent procedure in Parliament has increased to the highest 
level in recent years. In 2022, the share of laws adopted by urgent procedure increased to 35%, 
which was at the highest level in recent years (17% in 2021, 32% in 2020, 18% in 2019, and 
20%  in  2018)211.  As  regards  the  public  consultations  on  draft  laws  on  the  side  of  the 
Government, their duration was mostly shorter than the recommended 30-day period212. The 
number  of  submissions  of  documents  to  Parliament  by  civil  society  increased,  while  the 
number  of  participants  that  attended  the  sessions  of  the  parliamentary  working  bodies 
decreased213. 

207  55 cases have been reported since the launch of the platform in 2021, according to the information available 
on the Association of Journalists website, Report an attack | Slovenian Journalists' Association (novinar.com).  
208  Contribution  from  Liberties  (Peace  Institute)  for  the  2023  Rule  of  Law  Report  p.  11,  as  confirmed  by 
information received in the context of the country visit to Slovenia from the Association of Journalists.  
209  2022  Media  Pluralism  Monitor,  country  report  for  Slovenia,  p.  27;  Contribution  from  Liberties  (Peace 
Institute) for the 2023 Rule of Law Report, p. 2, as confirmed by written contribution from the Association of 
Journalists and Publicists in the context of the country visit in Slovenia, p. 8, and by information received in 
the  context  of  the  country  visit  to  Slovenia  from  the  Union  of  Journalists,  the  Peace  institute,  and  the 
Association of Journalists.  

210  Judgment  of  the  Constitutional  Court  of  22  October  2008,  U-I-295/07.  According  to  the  Constitution,  the 
National Council has the right to veto adopted legislation which has to be voted again by absolute majority in 
the National Assembly to be adopted. 

211 Written contribution from Parliament for the 2023 Rule of Law Report, p. 28, and 2022 Rule of Law Report, 

Country Chapter on the rule of law situation in Slovenia, p. 21. 

212  Counter  of  violations  of 

the  2009  Parliament  Resolution  on 

the  normative  activity,  CNVOS: 

https://www.cnvos.si/stevec-krsitev/.  

213  Number of documents submitted by the civil society: 237 in 2022, 203 in 2021, and 461 in 2020. Number of 
participants that attended the sessions of the parliamentary working bodies: 899 in 2022, 1253 in 2021, and 

29 

 
                                                           
The Government submitted into parliamentary procedure constitutional amendments to 
reduce  the  Constitutional  Court’s  considerable  caseload.  For  several  years,  the 
Constitutional Court has been raising concerns about the considerable caseload, which prevents 
the Court from dedicating more attention to the constitutionally most far-reaching cases214. Due 
to these challenges, in some cases the Court needs more than four years to reach a decision215. 
In  2022,  the  Constitutional  Court  received  about  6%  fewer  cases,  compared  to  2021,  when 
excluding collective cases216. This slight decrease in caseload combined with a 30% increase 
in  resolved  cases  led  to  a  24%  decrease  in  the  backlog217.  In  May  2023,  the  Government 
submitted  into  parliamentary  procedure  constitutional  amendments  that  would  reduce  the 
Constitutional Court’s caseload. Among the envisaged changes are setting into the Constitution 
the current list of privileged bodies that can request constitutional review (and are currently set 
in  several  laws)  the  gradual  transfer  of  review  of  local  government  acts  (and  jurisdiction 
disputes between local government) and of spatial planning acts to the administrative courts, 
and  allowing  the  Constitutional  Court  to  select  constitutional  complaints  and  initiatives  for 
constitutional review based on guidelines defined in the Constitution218.  

On  1  January  2023,  Slovenia  had  four  leading  judgments  of  the  European  Court  of 
Human Rights pending implementation, the same number as the previous year219. At that 
time, Slovenia’s rate of leading judgments from the past 10 years that remained pending was 
only at 13% (compared to 12% in 2022), and the average time that the judgments had been 
pending  implementation  was  1  year  and  5  months  (compared  to  1  year  and  10  months  in 
2022)220. The oldest leading judgment, pending implementation for 1,25 years, concerns the 
lack of an effective remedy to challenge or seek compensation for national bank’s extraordinary 

1155 in 461. Written contribution from Parliament for the 2023 Rule of Law Report, pp. 25-26, and input from 
Slovenia for the 2022 Rule of Law Report, p. 25. 

214  Among  the  possible  solutions,  a)  setting  into  the  Constitution  a  reduced  list  of  privileged  bodies  that  can 
request  a  constitutional  review,  b)  introducing  a  filtering  mechanism  for  constitutional  complaints,  and  c) 
transferring the review of legality of bylaws to the administrative courts, have been discussed. Information 
received from the Constitutional Court in the context of the country visit to Slovenia. 

215 Information received from the Constitutional Court in the context of the country visit to Slovenia. 
216  In 2022, the Court received 1 167 cases (compared to 1 245 in 2021, and 1 285 in 2020). It also received 1 
087 collective initiatives for constitutionality review/collective constitutional complaints.  The constitutional 
complaints constitute a large majority of cases (78%, compared to 75% in 2021), when excluding collective 
cases. Written contribution from the Constitutional Court in the context of the country visit to Slovenia. 
217  In  2022,  the  Constitutional  Court  resolved  1  657  cases  (1  272  in  2021)  when  excluding  collective  cases. 
Pending cases at the end of 2022 amounted to 1 550 cases (2 043 at end 2021) when excluding collective 
cases. 

218  The draft constitutional amendments list the ‘importance of the constitutional issue’ and ‘the gravity of the 
consequences  of  human  rights  violations’  for  the  complainant  or  subject  submitting  the  initiative  for 
constitutional review. 

219  The  adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

220  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 7. 

30 

 
                                                           
measures,  cancelling  the  applicants'  shares  and  bonds221.  On  15  June  2023,  the  number  of 
leading judgments pending implementation has increased to five222. 

Legislative  amendments  introduced  safeguards  for  budgetary  autonomy  of  certain 
independent  bodies.  The  2022  Rule  of  Law  Report  recommended  to  Slovenia  to  “ensure 
requisite safeguards for budgetary autonomy of the independent bodies”223. The 2022 Report 
found that the law on public finances lacked requisite safeguards to define the budget of the 
National  Council (the second chamber of Parliament), the Constitutional  Court, the Human 
Rights  Ombudsperson  and  the  Court  of  Audit,  as  required  by  a  Constitutional  Court 
judgment224. The budget  allocations  for 2022 and 2023 have followed the budget  proposals 
submitted  by  these  institutions  themselves225.  On  28  June  2023,  Parliament  adopted 
amendments to the Public Finance Act which give the right to the abovementioned bodies to 
submit their own budgetary proposals to Parliament in case the Government would not agree 
with their initial proposals226. The amendments provide that in case of disagreement between 
the Government and certain independent bodies227 on their budget, the Government is obliged 
to  insert  into budgetary  act  submitted to  Parliament  the values proposed  by these bodies.  It 
would  then  be  up  to  Parliament  to  decide  on  the  budget  of  these  bodies.  Therefore,  the 
recommendation made in the 2022 Rule of Law Report has been fully implemented. 

The  Human  Rights  Ombudsperson  continued  to  receive  an  important  number  of 
complaints. The 2022 Rule of Law Report found that the Ombudsperson, which gained A-
status  in  2021228,  received  an  increased  number  of  complaints,  including  those  related  to 
COVID-19 pandemic measures. In 2022, the number of complaints slightly decreased (by 13% 
compared to 2021) but remained significantly higher than in 2019229. The Ombudsperson has, 
together  with  the  Ministry  of  Justice,  prepared  amendments  to  the  Human  Rights 
Ombudsperson’s Act, which were on 22 June 2023 submitted into public consultation230. In 
2022,  the  Ombudsperson  issued  86  new  recommendations,  with  a  large  majority  based  on 
initiatives from individuals231. In addition, the Ombudsperson acting in the capacity of National 
Prevention  Mechanism  issued  another  501  recommendations  to  various  institutions232.  On 

221  Judgment  of  the  European  Court  of  Human  Rights  of  14  September  2021,  Pintar  and  others  v.  Slovenia, 

49969/14, pending implementation since 2021. 

222  Data according to the online database of the Council of Europe (HUDOC-EXEC). 
223 2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 2. 
224 The Constitutional Court annulled parts of the Public Finance Act and set provisional rules to ensure budgetary 
autonomy  of  the  independent  bodies,  until  the  Public  Finance  Act  would  have  been  amended.  The 
Constitutional Court set the deadline for the implementation of the decision to 23 December 2021. 2022 Rule 
of Law Report, Country Chapter on the rule of law situation in Slovenia, p. 22. 

225  Input from Slovenia for the 2023 Rule of Law Report, p. 31. 
226  Amended Art. 20 of the Public Finance Act. The amendments are envisaged to come in force in mid July 2023. 
227  The National Assembly, the National Council, Constitutional Court, Ombudsperson, and the Court of Audit. 
228  According to the Principles relating to the Status of National Institutions (The Paris Principles). 
229  The  number  of  complaints  received  in  2022  was  5  949  (compared  to  6  863  in  2021  and  4  600  in  2019). 
Information received from the Human Rights Ombudsperson in the context of the country visit to Slovenia.  
230  Information received from the Human Rights Ombudsperson in the context of the country visit to Slovenia. 
The draft amendments envisage specialisation and extension of the Ombudsperson’s powers, for example a 
dedicated deputy Ombudsperson for children’s rights and new tasks regarding promotion, guaranteeing and 
monitoring the rights of persons with disabilities. 

231  Summary of the Human Rights Ombudsperson’s work in 2021, p. 4. 
232  Input from Slovenia for the 2023 Rule of Law Report, p. 32. 

31 

 
                                                           
several  occasions,  the  Ombudsperson  expressed  his  concerns  about  the  poor  and  slow 
implementation  of  his  recommendations  by  the  authorities233.  In  2022,  the  Ombudsperson 
highlighted  approximately  150  especially  relevant  past  recommendations  that  remain  either 
unimplemented or partially implemented234. The Ombudsperson regularly calls on authorities 
to secure timely implementation of ordinary court and Constitutional Court judgments as well 
as of recommendations from international, regional and national human rights bodies235. The 
Ombudsperson reiterated its 2020 recommendation that the Government should, similarly to 
the mechanism already in place for implementing European Court of Human Rights judgments, 
establish a special mechanism for providing expert assistance in implementing Constitutional 
Court  judgments  and  would  regularly  inform  the  public  about  the  state  of  play  on 
implementation236.  

Civil society has seen improvements in the enabling environment. The 2022 Rule of Law 
Report found that the civil society faced challenges regarding negative narratives, but funding 
issues and limitations on freedom of assembly were resolved237. The civic space in Slovenia is 
considered  to  be  narrowed238.  In  2022,  civil  society  organisations  (CSOs)  reported 
improvements in the enabling environment, as the negative narrative addressed to CSOs largely 
ceased (including from the current Government coalition parties, which came into power mid-
2022)239. In July 2022, the Government adopted the first report on the implementation of the 
Strategy  on  Development  of  Non-Governmental  Organisations  and  Volunteering  for  2018-
2023, according to which most measures have been implemented with some delays that could 
be attributed to the COVID-19 pandemic240. Additionally, the new Government in the second 
half  of  2022  took  measures  aiming  to  ensure  effective  operation  and  safety  of  civil  society 
organisations, including the withdrawal of claims for reimbursement of the Police protection 
related to unauthorised protests241. In the second half of 2022, the Government, in agreement 
with donors, launched activities to reallocate available funds to the Active Citizen Fund, which 
were allocated to the CSOs working in the field of human rights, democracy and the rule of 
law, and distributed through a public call242. 

233  Ibid. 
234  Ibid. 
235  Ibid. 
236  Summary of the Human Rights Ombudsperson’s work in 2021, pp. 5-6. 
237  2022 Rule of Law Report, Country Chapter on the rule of law situation in Slovenia, pp. 23-24. 
238  Rating given by Civicus, Slovenia; ratings are on a five-category scale defined as: open, narrowed, obstructed, 

repressed and closed. 

239  Annual Civic Space Report for 2022 (CNVOS), pp. 3-8, and information received from Peace Institute and 

CNVOC in the context of the country visit to Slovenia. 
240 Input from Slovenia for the 2023 Rule of Law Report, p. 33. 
241 Ibid. 
242 Ibid. 

32 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
found 
stakeholder-consultation_en.  

be 

at 

AKOS  (2022),  Decision  06121,  13  July  2022  https://www.akos-rs.si/nadzor-odlocbe/tv-radio-in-
vod/odlocba/odlocba-06121-13-2022-7. 

AKOS (2022), Press release – Agency for further consideration of the electronic communications act 
without 
https://www.akos-rs.si/medijsko-sredisce/sporocila-za-
javnost/novica/agencija-za-nadaljno-obravnavo-novega-zekoma-brez-spornih-dolocb. 

controversial 

provisions 

AKOS (2022), The Agency's position and recommendation to publishers on the implementation of the 
provision  of  the  audiovisual  media  services  act  prohibiting  incitement  to  violence  or  hatred 
https://www.akos-rs.si/smernice-in-stalisca-akos/tv-radio-in-avms/smernica-stalisce/stalisce-agencije-
in-priporocilo-izdajateljem-glede-izvajanja-dolocbe-zakona-o-avdiovizualnih-medijskih-storitvah-o-
prepovedi-spodbujanja-k-nasilju-ali-sovrastvu. 

Association of Journalists and Publicists, Contribution for the 2023 Rule of Law Report. 

Centre for Media Pluralism and Media Freedom (2022, 2023), Media pluralism monitor 2022 and 2023 
– country report on Slovenia. 

CNVOS – NGO Umbrella Network, Contribution for the 2023 Rule of Law Report. 

Commission for the Prevention of Corruption (2021), Opinion on the examination of the complaints 
alleging  infringements  of  the  provisions  on  the  incompatibility  of  the  duties  of  officials 
https://www.kpk-rs.si/kpk/wp-content/uploads/2021/05/POBUDA-VLADI-RS_06244-27-2020-
41.pdf. 

Commission  for  the  Prevention  of  Corruption  (2021),  Systematic  Explanation  of  Lobbying 
https://www.kpk-rs.si/wp-content/uploads/2021/03/SISTEMSKO_POJASNILO_lobiranje_final.pdf. 

Commission for the Prevention of Corruption (2022),  Analysis of the assessment of corruption risks 
including clientelism in public sector employment in the period of government change between 2004 
and 2013 https://www.kpk-rs.si/blog/2022/10/19/analiza-zaposlovanj-v-casu-menjav-vlad-izpostavila-
stevilna-potencialna-korupcijska-tveganja/. 

Commission  for  the  Prevention  of  Corruption  (2023),    Press  release:  Commission  transmits  to  the 
Police the notification against Ljubljana University Medical Centre, 22 June 2023 https://www.kpk-
rs.si/blog/2023/06/22/komisija-obravnavo-prijave-zoper-ukc-ljubljana-odstopila-policiji/.  

Commission  for  the  Prevention  of  Corruption  (2023),  Annual  Report  2022  https://www.kpk-
rs.si/kpk/wp-content/uploads/2023/05/LP2022.pdf.  

Commission  for  the  Prevention  of  Corruption  (2023),  Assessment  of  the  Situation  2022 
https://www.kpk-rs.si/kpk/wp-content/uploads/2023/05/Ocena_stanja_2022.pdf. 

Commission for the Prevention of Corruption (2023), Press Release - The Commission, in cooperation 
with  the  Ministry  of  Health,  launched  an  analysis  of  suppliers  to  26  public  health  institutions  at 
secondary  level,  22  June  2023  https://www.kpk-rs.si/blog/2023/02/22/komisija-v-sodelovanju-z-
ministrstvom-za-zdravje-zacela-z-analizo-dobaviteljev-26-javnim-zdravstvenim-zavodom-na-
sekundarni-ravni/.  

Constitutional  Court  (2021),  Judgment  U-I-445/18-13,  14  October  2021  https://www.us-rs.si/wp-
content/uploads/2021/11/U-I-445-18-Odlocba.pdf.  

Constitutional  Court  (2023),  Judgment  U-I-479/22-25,  16  February  2023  https://www.us-rs.si/wp-
content/uploads/2023/02/U-I-479-22-Sklep.pdf. 

33 

 
Constitutional  Court  (2023),  Judgment  U-I-772/21-37,  1  June  2023  https://www.us-rs.si/wp-
content/uploads/2023/06/U-I-772-21.pdf. 

Directorate-General  for  Communication  (2023),  Flash  Eurobarometer  524  on  Businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2023), Special Eurobarometer 534 on Corruption.  

European  Centre  for  Press  and  Media  Freedom  (2022),  Mapping  Media  Freedom  –  Slovenia 
https://www.mappingmediafreedom.org/. 

European Civic Forum (2023), Annual Civic Space Report for 2022 (CNVOS), January 2023. 

European  Commission  (2020,  2021,  2022),  2020,  2021,  and  2022  Rule  of  Law  Reports,  Country 
Chapter on the rule of law situation in Slovenia.  

European  Commission  (2022),  Flash  Eurobarometer:  Media  &  News  Survey  2022  –  Country 
Factsheets Slovenia. 

European Federation of Journalists, Contribution from the European Federation of Journalists for the 
2023 Rule of Law Report. 

European Network of Councils for the Judiciary (2023), Statement by the Executive Board on financial 
security in the context of judicial independence, 25 May 2023 https://www.encj.eu/node/643. 

European Public Prosecutor’s Office (2023), Press Release  - Slovenia: Indictment submitted against 
two persons and two legal entities for EU funding fraud, 20 April 2023. 

Government of Slovenia (2023), Press release - Prime Minister’s Office launches the Strategic Council 
for  the  Prevention  of  Hate  Speech  https://www.gov.si/en/news/2023-03-17-prime-ministers-office-
launches-the-strategic-council-for-the-prevention-of-hate-
speech/#:~:text=The%20main%20tasks%20of%20the,hate%20speech%3B%20and%20to%20particip
ate. 

Government  of  Slovenia  (2023),  Press  release  –  Strategic  Council  to  Prevent  Hate  Speech  on  The 
Media  https://www.gov.si/novice/2023-05-25-strateski-svet-za-preprecevanje-sovraznega-govora-o-
podrocju-medijev/. 

Government  of  Slovenia  (2023),  Programme  of  the  Government  of  the  Republic  of  Slovenia  to 
strengthen 
2026 
in 
integrity 
https://www.gov.si/teme/integriteta/. 

transparency 

public 

sector 

2023 

and 

the 

– 

Human Rights Ombudsperson (2022), Summary of the Human Rights Ombudsperson’s work in 2021 
https://www.varuh-
rs.si/fileadmin/user_upload/pdf/lp/LP_2021/Povzetek_dela_VCP_RS_za_leto_2021.pdf.  

International Press Institute (2023), Contribution for the 2023 Rule of Law Report. 

Judicial Council: President (2022), Letter to the President of Parliament: inclusion of representatives 
of  the  Judicial  Council  into  the  constitutional  revision  procedure,  3  October  2022  https://imss.dz-
rs.si/IMiS/ImisAdmin.nsf/ImisnetAgent?OpenAgent&2&DZ-MSS-
01/202f8fea57f32713d1f90471ea60c149d6f21887e1c26fe04dd2bfaea9e228f0.  

Judicial Council: President (2023), Letter to the European Commission on remuneration of judges, 19 
April 2023. 

Liberties (Peace Institute), Contribution for the 2023 Rule of Law Report. 

Ministry of Health (2023), Ministry of Health launches supplier analysis to public health institutions, 
22  February  2023  https://www.gov.si/novice/2023-02-22-ministrstvo-za-zdravje-sprozilo-analizo-
dobaviteljev-javnim-zdravstvenim-zavodom/. 

Ministry  of  Interior  (2023),  Written  contribution  from  the  Ministry  of  Interior  in  the  context  of  the 
country visit. 

34 

 
Ministry of Justice (2023), Press release of 2 February 2023 https://www.gov.si/novice/2023-02-02-
predlog-zakona-o-zacasnem-dodatku-sodnikov-in-tozilcev-umaknjen-iz-zakonodajnega-postopka/.  

Ministry of Justice (2023), Press release of 23 February 2023 https://www.gov.si/novice/2023-02-23-
ministrica-svarc-pipan-spremembe-zakona-o-upravnem-sporu-bodo-omogocile-hitrejse-in-
ucinkovitejse-resevanje-zadev/  

National Assembly of the Republic of Slovenia (2020),  Code of Ethics for Deputies of the National 
Assembly 
https://www.dz-
rs.si/wps/portal/en/Home/AboutNA/PoliticalSystem/CodeEthics. 

Republic 

Slovenia 

the 

of 

of 

National  Electoral  Commission,  RTV  Referendum  Results  https://volitve.dvk-rs.si/referendum-
rtv/#/rezultati.  

OECD (2021), Working Group on Bribery, Implementing the OECD Anti-Bribery Convention, Phase 
4 Report on Slovenia. 

OECD (2023), Working Group on Bribery, Implementing the OECD Anti-Bribery Convention, Phase 
4 Two-Year Follow-Up Report on Slovenia. 

Parliament: Constitutional Commission Chairperson (2022), Letter to the Judicial Council President: 
inclusion of representatives of the Judicial Council into the constitutional revision procedure, 6 October 
2022 
https://imss.dz-rs.si/IMiS/ImisAdmin.nsf/ImisnetAgent?OpenAgent&2&DZ-MSS-
01/9a6b6627c88fac8f88f468209407b165c826a0d5a30549009a5a15d451684c39. 

Parliament: Expert Group on the appointment of judges (2023), Opinion on draft amendments to the 
Constitution, 
https://imss.dz-
rs.si/IMiS/ImisAdmin.nsf/ImisnetAgent?OpenAgent&2&DZ-MSS-
01/a480bd678d7e012deda5f41b93a3a2929f25b84c1a8f937346ebc31f75d0f885. 

February 

2023 

20 

Proposal for beginning the procedure for amending the Constitution of Republic of Slovenia with draft 
constitutional 
https://imss.dz-
rs.si/IMiS/ImisAdmin.nsf/ImisnetAgent?OpenAgent&2&DZ-MSS-
01/cfc8af8659af5351114d42997a9bc6b9989a1234c2ce658ac13f9d4f1ac9a27e.  

September 

2022 

law, 

26 

Reporters without Borders – Slovenia (https://rsf.org/en/country/slovenia). 

Slovenian Government (2023), Input from Slovenia for the 2023 Rule of Law Report. 

Slovenian Police (2022), Press release - The management of the National Bureau of Investigation today 
is taken over by Darko Muženič, 26 July 2022 https://www.policija.si/medijsko-sredisce/sporocila-za-
javnost/sporocila-za-javnost-gpue/114620-vodenje-npu-z-danasnjim-dnem-prevzel-darko-muzenic.  

Specialised State Prosecution Office (2023), Annual Report 2022. 

(2022), 

STA 
https://english.sta.si/3122270/constitutional-challenge-of-changes-to-rtvs-act-
filed?q=challeng,rtv,slovenija. 

Constitutional 

challenge 

changes 

to 

of 

RTVS 

act 

filed 

STA  (2022),  Government  repeals  contested  regulation  on  STA  public  service  obligation 
https://english.sta.si/3120452/government-repeals-contested-regulation-on-sta-public-service-
obligation. 

STA (2022), New electronic communications act passed https://english.sta.si/3086372/new-electronic-
communications-act-passed. 

STA  (2023),  2021  appointment  of  RTV  director  general  ruled  unlawful,  8  March  2023 
https://english.sta.si/3147499/2021-appointment-of-rtv-director-general-ruled-unlawful. 

STA  (2023),  Govt  endorses  annual  contract  with  STA  for  2023  https://english.sta.si/3132232/govt-
endorses-annual-contract-with-sta-for-2023. 

35 

 
(2023),  Jurist 

law  creates 
STA 
https://english.sta.si/3142306/jurist-says-courts-decision-on-rtv-law-creates-legal-
uncertainty#:~:text=Ljubljana%2C%2023%20February%20%2D%20Former%20Constitutional,incu
mbent%20programme%20council%20and%20the. 

says  court's  decision  on  RTV 

legal  uncertainty 

STA  (2023),  Minister:  Media  reform  to  prioritise  protection  of  STA,  RTV  independence 
https://english.sta.si/3134034/minister-media-reform-to-prioritise-protection-of-sta-rtv-
independence?q=media,reform. 

(2023),  STA  director  says  new 

STA 
https://english.sta.si/3132756/sta-director-says-new-funding-contract-to-allow-normal-functioning. 

to  allow  normal 

funding  contract 

functioning 

Supreme  Court  (2022),  Report  of  the  working  group  to  examine  the  reasons  for  the  increase  in 
resolution time and decrease in number of resolved cases, 9 June 2022. 

Transparency 
International 
https://www.transparency.org/en/cpi/2022/index/svn. 

(2023), 

Corruption 

Perceptions 

Index 

2022 

Transparency International Slovenia (2023), TI Slovenia's response to the adoption of the Law on the 
protection  of  applicants  https://www.transparency.si/novica/odziv-ti-slovenia-na-sprejem-zakona-o-
zasciti-prijaviteljev/. 

36 

 
Annex II: Country visit to Slovenia 

The Commission services held virtual meetings in February and March 2023 with: 

  Agency for Communication Networks and Services (AKOS) 
  Association of Journalists  
  Association of Journalists and Publicists (Ms Irena Zagajšek) 
  Bar Association 
  Commission for the Prevention of Corruption 
  Constitutional Court 
  Court of Audit 
  Faculty of Social Sciences (Prof. dr. Marko Milosavljević) 
  General Police Directorate (Economic Crime division), and National Bureau of Investigation 

(NPU) 

  Human Rights Ombudsperson  
 
Judges’ Association  
 
Judicial Council 
  Ministry of Culture  
  Ministry of Justice 
  Ministry of Public Administration  
  Ministry of the Interior 
  National NGO umbrella network (CNVOS) 
  National Review Commission 
  Parliament Secretariat 
  Peace Institute  
  Radio-television Slovenia (RTV): Programme Council (President) 
  State  Prosecution  (State  Prosecutor  General,  Supreme  State  Prosecution  Office,  Specialised 

State Prosecution Office) 
  State Prosecutorial Council 
  Supreme Court 
  Transparency International Slovenia 
  Union of Slovenian Journalists 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 

ILGA Europe  

37 

 
 
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  
JEF Europe  

 
 
 
 
 
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

38