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CONSULTATIVE COUNCIL OF EUROPEAN JUDGES
(CCJE)
QUESTIONNAIRE ON
“ The role of judges in striking a balance
between protecting the public interest and human rights
in the context of terrorism”
Reply submitted by
the delegation of Slovenia
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REPUBLIKA SLOVENIJA
DISTRICT COURT OF LJUBLJANA
1000 Ljubljana, Tavčarjeva 9
President's office
Ljubljana dne 9.11.2005
Consultative counsil of European Judges
Mrs. Danuta Wisniewska – Cazals
Strasbourg
SUBJECT: Draft Questionaire on: The role of judges in striking a balance beetween protecting the public interest and human rights in the context of the fight against terrorism
Answers:
Ad A.1
Republic of Sloveniadoes not have any schemes to provide judges with initial and in-service training in international and European law. However criminal district judges had a training on Costody Order and training on International Criminal Law.
Ad A.2
Slovenian judges do not recieve full information on recent legislation and case law. It is expected of them to perform their own research in these matters. Ministry of justice of RS does not issue any official gazette on these matters however there are some legal periodical in which legal experts write about European and international law.
Ad A.3
Judges have a right to attend foreign language courses, but in practise they do not, even though they would very much like to do so. In the theorie the courses should be free of charge.
Courts do not have legal translation facilities, in the case of need the translation company (private) is hired to do the work.
Ad B.1
The civil department requests for legal aid the Ministry of justice ant they sent it to Ministry for foreign affairs which sends it to the foreign court.
The criminal department and commercial department of the District Court of Ljubljana has formed an expert group of judges who several times a year visit profesional seminar on EU law in city of Trier in Germany. Training dispenses are coverd by the organiser of the seminar, but the traveling costs are covered by the court.
Ad B.2
There are no official events of such matter, hovever the Slovenian Judges Association organizes trainings and seminars of various topics and so also on EU and internation law, e.g. law on protection of competition, EU resolutions, Service by EU convention. All the judges from the district are invited to attend these seminars free of charge.
Ad C.1
Criminal judges: Commercial judges: Civil judges:
1. a. b. b.
2. b. d. d.
3. d. c. c.
4. c. a. a.
1. meaning the highest rank of law sources and 4. meaning the lowest rank of use.
Ad C.2
Republic of Slovenia case-law does recognise the value of Council of europe recommendations and resolutions.
Ad C.3
The national courts would be permitted not to apply the provisions of the European Court of human Rights on our country's legislation violate the ECHR.
National courts do not have the authority to prescribe their own measures implementing the European Cout of Human Rights decisions, however each judge is independent to hold his or hers own decision on the matter.
Ad C.4
- a direct application for reopening of the proceedings is NOT available
- lodging of a claim for compensation IS available
where legislation violating provisions of the ECHR has been applied in legal procedings concluded by a final, non-appealable decision in our country before a possible application to the Court in Strasbourg.
The one who believes his right to a fast and speedy legal proceding before a court has been breached in the reasonable time requirement, can file a compensation claim law suit against the government – classical civil law suit, but there are no special solutions confined to certain violations of the ECHR e.g. breaching the reasonable time requirement.
Ad D.1
Republic of Sloveniadid not yet incorporate the Council of Europe's recommendations and resolutions of the fight against terrorism in its legislation or taken any special measures to distribute and publicise these instruments.
Ad D.2
Republic of Sloveniadid not yet passed any substantive or procedural legislation concerned with the fight against terrorism. There are no provisions that would depart from the general law applicable to the prosecution and punshment of the criminal offences.
Ad D.3
In the Republic of Slovenia the government is debating on the possible legislation on collecting and keeping the databases on cellular phone calls and e-mail letters.