Legal System and Legal Research in the Republic of Slovenia

By Dr. Iztok Štefanec

Iztok Štefanec holds a law degree (2010) and Ph.D in Constitutional Law (2018), both from the University of Ljubljana, Slovenia. He is a teaching assistant for constitutional law and currently works as an adviser to the Constitutional Court of the Republic of Slovenia.

Published May/June 2025

(Previously updated by Špela Košak in January 2013 and by Iztok Štefanec in January/February 2020)

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1. Introduction

With its 20.271 square kilometers and 2,1 million inhabitants, the Republic of Slovenia has enjoyed its independence for only three full decades. It was a part of the Socialist Federal Republic of Yugoslavia that fell apart in the 1990s in the cruel fight between the ethnic groups in Croatia, Bosnia and Herzegovina, and Serbia. As Slovenia is not as ethnically colorful as the other federal states, its secession was not as painful. After a 95% approval of the citizens in the referendum on December 23, 1990, Slovenia declared its independence on June 25, 1991. Although it had to face an invasion of Yugoslav armed forces, the war only lasted for ten days and without the massacres that happened in the southern parts of the ex-Yugoslavia.

Slovenia shares its borders with Italy on the west, Austria on the north, Hungary on the northeast, and Croatia on the south and east. It also borders the Adriatic Sea to the southwest. Geographically, it lies on the borders of the Balkan Peninsula, but historically it has always been connected to Central Europe, being a part of Habsburg’s empire for centuries.

The new constitution of the independent state was adopted on December 23, 1991. Slovenia became a member of the United Nations on May 22, 1992; a participating state to the OSCE on March 24, 1992; and a member state of the Council of Europe on May 14, 1993. It joined NATO on March 29, 2004. On May 1, 2004, Slovenia became a full member of the European Union. It adopted the Euro as its currency on January 1, 2007. On December 21, 2007, Slovenia also became a member of the Schengen Agreement.

The official language in Slovenia is Slovene (a language that belongs in the Slavic language group). The particularity of the language is that it uses dual form, in addition to singular and plural forms. In the parts of the country by the borders of Italy and Hungary and within the municipalities where Italian or Hungarian national communities reside, the official languages are also Italian and Hungarian, respectively (Art. 11 of the Constitution). The capital of Slovenia is Ljubljana (Art. 10 of the Constitution).

2. Political System

Slovenia is a democratic republic (Art. 1 of the Constitution), and it endorses the parliamentary system of democracy. According to the Constitution, Slovenia has an “incomplete bicameral system,” meaning that the upper chamber (in the Slovenian case, the National Council) does not have equal competences with the lower chamber (in the Slovenian case, the National Assembly), but it only supervises the work of the lower chamber. The President of the Republic is elected in direct general elections.

It is also a territorially unified and indivisible state (Art. 4 of the Constitution). Slovenia is organised in a two-level system; the national level and the local (municipal) level that has a constitutionally guaranteed right to self-government (Art. 9 of the Constitution).

Nevertheless, the idea of introducing the regional level got a broad support when joining the European Union in 2004. This resulted in changing the Constitution in order to facilitate the establishment of the regional level.[1] The National Assembly agreed on regulating the organization of the regional level with a law, which is yet to be enacted. For the past two decades, however, the idea does not seem to be high up on the political agenda.

2.1. State

2.1.1. Legislative Power

2.1.1.1. The National Assembly

The National Assembly of the Republic of Slovenia is the supreme representative and legislative institution, exercising legislative and electoral powers as well as control over the Executive.

Competences and functions of the National Assembly: In its legislative power, the National Assembly:

  • adopts the Constitution and constitutional amendments,
  • adopts laws,
  • adopts other general acts,
  • adopts the Rules of Procedure of the National Assembly,
  • adopts the state budget, amendments to the state budget, the revised state budget, and the annual financial statement,
  • ratifies treaties,
  • calls referendums,
  • discusses EU affairs.

In its electoral power, the National Assembly elects, appoints, and, in some cases, dismisses:

  • the President of the Government and the ministers,
  • the President and Vice-Presidents of the National Assembly,
  • Constitutional Court judges and other judges,
  • five members of the Judicial Council among university professors of law, attorneys, and other lawyers,
  • the Governor of the Bank of Slovenia,
  • the members of the Court of Audit,
  • the Human Rights Ombudsman, and
  • other holders of public office.

In its supervisory power, the National Assembly:

  • orders parliamentary inquiries,
  • decides on the vote of confidence and no confidence in the Government,
  • decides on the impeachment of the President of the Republic, the President of the Government, and ministers before the Constitutional Court.

The National Assembly also exercises control through parliamentary questions and motions to the Government and individual ministers. In addition to the three fundamental functions listed, the National Assembly decides on the declaration of war or state emergency and on the use of armed forces. The National Assembly confirms the election of deputies and decides on the immunity of deputies and judges.

The National Assembly is composed of ninety deputies, of which two posts are guaranteed for the representatives of the autochthonous national minorities (Italian and Hungarian). The National Assembly is elected for four years. However, the President of the Republic dissolves the National Assembly and calls new elections if the President of the Government is not elected after two or, if decided by the National Assembly, three attempts. Individual deputies cannot be recalled.

See the National Assembly of the Republic of Slovenia’s website for more information.

2.1.1.2. The National Council

The National Council (“the upper chamber”) is, in accordance with the Constitution (Art. 96), the representative of social, economic, professional, and local interest groups. The forty-member National Council comprises twenty-two representatives of local interests, six representatives of non-commercial activities, four representatives of employers and four of employees, and four representatives of farmers, crafts and trades, and independent professionals. National Councillors are elected in indirect elections held within interest groups or local communities by voting bodies (i.e. via electors). They are elected for a term of five years.

Powers of the National Council:

  • legislative initiative
  • presenting opinions to the National Assembly
  • suspensory veto on an adopted law
  • parliamentary inquiry
  • to require the Constitutional Court to rule on the constitutionality of an adopted law.

The National Council had the power to demand the National Assembly to call a legislative referendum prior to the promulgation of a law. However, in 2013, a constitutional amendment was adopted that granted the right to demand a legislative referendum exclusively to the voters (40.000). The Constitution regulates the legislative referendum in Art. 90.

See the website of the National Council of the Republic of Slovenia for more information (copy and paste the link into browser if it doesn’t work directly).

2.1.2. Executive Power

2.1.2.1. The Government

The government is a collective body presided over by the Prime Minister. Other members are the ministers responsible for a certain field of work. Currently, the government is composed of twenty ministers heading the twenty ministries and the Prime Minister. The Government of the Republic of Slovenia (RS) is the executive body and, at the same time, the supreme body of state administration. Thus, the function of the Government is twofold: executive-political and administrative. Its executive-political function involves mainly the execution of policies determined by the National Assembly and the implementation of the laws and other acts passed by the National Assembly. In accordance with the Constitution, with the laws, and with other general acts of the National Assembly, the Government sets, directs, and harmonises the implementation of state policies. As the highest body of the state administration, it issues regulations and passes legal, political, economic, financial, organizational, and other measures, which are needed for the development of the state and the regulation of conditions in all the areas of the state’s jurisdiction.

See the websites of The Government of Republic of Slovenia and Office of the Prime Minister for more information.

2.1.2.2. The President of the Republic

The President of the Republic represents the Republic of Slovenia. He is the commander-in-chief of the defence forces (Art. 102 of the Constitution). The President is elected in direct, general elections by secret ballot for a term of five years.

The President of the Republic:

  • calls elections to the National Assembly;
  • promulgates laws;
  • appoints state officials where provided for by law;
  • after consultation with the leaders of deputy groups, proposes to the National Assembly a candidate for the Prime Minister;
  • appoints and recalls ambassadors and envoys of the Republic;
  • accepts the letters of credence of foreign diplomatic representatives;
  • issues instruments of ratification;
  • decides on the granting of clemency;
  • confers decorations and honorary titles;
  • performs other duties determined by the Constitution.

Where required by the National Assembly, the President of the Republic must express their opinion on a specific issue. He/she also has the right to address the Parliament at his/her own initiative. If the National Assembly is unable to convene due to a state of emergency or war, the President of the Republic may, on the proposal of the Government, issue decrees with the force of law (art. 108 of the Constitution).

There is a constant debate whether the competences of the President are not too weak given the fact that he/she is being elected in general elections; however, no changes have been made to the function since the adoption of the Constitution.

If in the performance of his/her office the President of the Republic violates the Constitution or seriously violates the law, the National Assembly may impeach him/her before the Constitutional Court. The Constitutional Court decides either that the impeachment charges are justified, or it dismisses the charges, and it may further decide on relieving the President of office by a two-thirds majority vote of all judges. Upon receiving a resolution on impeachment from the National Assembly, the Constitutional Court may decide that pending a decision on impeachment the President of the Republic may not perform his/her office.

See the website of the Office of the President of the Republic for more information.

2.1.3. Judicial Power

Judges are independent in the performance of judicial functions (Art. 125 of the Constitution), and their office is permanent (Art. 129 of the Constitution). The Constitutional provision on the direct participation of citizens in the exercising of judicial power (Art. 128 of the Constitution) is achieved by the institute of lay judges that sit on some panels as provided by law. In Slovenia, there is no institute of a jury that passes verdicts of guilt; all the decisions are brought by the single judge or by the panel.

Slovenia faced a serious problem with the number of pending cases. Namely, in 2006, judges still had to adjudicate cases from 1998. Due to that fact, Slovenia was condemned in more than 200 cases before the European Court for Human rights in Strasbourg for violating the right to a hearing within a reasonable time (Par. 1, Art. 6 of the European Convention on Human Rights). The systemic problems were addressed in a series of governmental reforms and reforms conducted by the courts (Project Lukenda), which has given good if not completely satisfactory results. By 2019, the average length of court proceedings have significantly decreased and are now generally compliant with Convention standards.

The Courts Act regulates the jurisdiction and composition of the courts in Slovenia. In general, there are two different kinds of courts of first instance (forty-four local courts and eleven district courts) and two stages of appeal, first one being higher courts (4) and the second one being the Supreme Court of the Republic of Slovenia (as an extraordinary legal remedy and, in certain cases, also as an ordinary legal remedy). In cases of alleged violations of constitutional and human rights, the rulings can also be examined by the Constitutional Court after exhausting all legal remedies. Beside the general civil and criminal courts, there are two types of specialized courts in Slovenia; their competences are defined by special acts, and they proceed pursuant to special rules of procedure. Specialized courts (courts of specialized jurisdiction) have the jurisdiction ratione materiae and not ratione personae (there are no specialized courts for juvenile cases, for example). Specialized courts in the Republic of Slovenia are:

  • Labor and social courts
  • Administrative Court of the Republic of Slovenia

It is prohibited to establish extraordinary courts. It is also prohibited to establish military courts in peacetime (Art. 126 of the Constitution). It is in the domain of the Civil District courts and of the Labor courts to organize legal aid for people who cannot afford the costs of legal proceedings and lawyers. The costs are covered by the budget, but the aid is limited to people with an income that does not exceed the legally determined minimum (set at approximately 970 euros in March 2024).

2.1.3.1. Courts of General Jurisdiction

Civil Courts: The general civil jurisdiction lies with the civil courts. The rules regulating courtroom procedure are governed by either the Civil Procedure Act or Non-litigious Civil Procedure Act. The courts of first instance are local and district courts. The jurisdiction between them is divided according to the subject of the trial.

In general, the local courts are competent to adjudicate in the property-law related disputes (when the value of the dispute does not exceed 20.000 EUR) and the disputes on trespassing, easement, real encumbrance, and lease or tenancy relations. Beside the civil department, local courts are furthermore divided into:

  • the legacy and non-contentious department;
  • enforcement of judgments department;
  • and land register department (in 2011, the electronic land register and electronic cadaster were introduced, which enabled online consultations and online applications).

There is always one judge conducting proceedings and adjudicating or deciding in local courts.

On the other hand, the district courts bring to trial property-law related disputes (when the value of a dispute exceeds 20.000 EUR), disputes arising from family relations, copyrights, disputes relating to the protection or use of inventions and marks of distinctiveness or to the right to use a firm name, disputes relating to the protection of competition, commercial/business disputes, and disputes arising from bankruptcy proceedings. District courts also have following departments:

  • Commercial claims department;
  • Companies registry (register of commercial companies).

As a rule, the district courts are constituted by a single judge, except in the cases foreseen by the law. In such cases, the courts sit as a panel in the composition of three judges. In deciding disputes on the rights of intellectual property, the district court in Ljubljana has exclusive territorial jurisdiction at the first instance, except for disputes between employers and workers in connection with inventions, forms of bodies, pictures, drawings, and technical improvements.

Appeals are to be solved by higher courts that sit in the panels in the composition of three judges: a president of the panel, a judge rapporteur, and a member.

To review the rulings of the higher courts, extraordinary legal remedies are available, namely revision (appeal on points of law) and a request for the protection of legality, both trialed by the Supreme Court of the Republic of Slovenia sitting in the composition of five judges. In the past, revision was automatically allowed in cases exceeding 40.000 EUR. For cases involving lower amounts, the Supreme Court could allow revision only in cases where the precedents of the courts diverged from each other, in order to unify legal practice. However, in 2017, the law established that revision is no longer automatically allowed, and in each case, an application for leave to appeal on points of law must be granted by the Supreme Court (i.e. allowing revision). The request for protection of legality can only be presented by the Public Prosecutor Office. The third way to review a final court decision is by reopening a trial within the absolute period of five years.

Criminal Courts: The criminal procedure in Slovenia is a contradictory one with the strong influence of the “material truth” principle, which gives the judge an active position in the procedure, and that is why Slovene criminal procedure is mixed (with elements of inquisitorial procedure; however, it should be noted that the presumption of innocence is strictly followed). The Criminal Procedure Act regulates courtroom procedure (together with the composition of the courts) as well as the actions of the police and the investigational procedure before the court (the pre-trial procedure).

In Slovenia, there is no death sentence and the highest punishment foreseen by the Penal Code is life imprisonment in exceptional cases (adopted in 2008), otherwise thirty years of imprisonment.

The courts of first instance are local and district courts. The jurisdiction between them is divided according to the severity of the punishment foreseen by the Penal Code for the committed criminal offence.

According to the Courts Act, local courts have jurisdiction in criminal matters to adjudicate at the first instance on criminal offences which are punishable by a fine or a term of up to three years of imprisonment, except in matters of criminal offences against honor and reputation committed by press, via radio, television, or other means of public information and to perform investigatory actions regarding these criminal offences.

Within local courts, there is a department adjudicating minor offences. It applies a special procedure, and the court of appeal, in those cases, is the Higher Court. In a local court, the proceedings are conducted and adjudicated or decided by a single judge. The same goes for the investigation acts before the trial.

District courts have jurisdiction in criminal matters on criminal offences, which are punishable by more than three years of imprisonment. They also have jurisdiction to carry out an investigation or investigatory actions concerning those criminal offences; to perform preliminary proceedings and adjudicate at first instance on criminal offences of minors; to decide at first instance on the enforcement of a criminal judgment issued by a foreign court; to execute criminal judgments (of both, local, and district courts); to decide about permission for interfering with human rights and fundamental freedoms; to reach decisions in a non-trial panel (izvenobravnavni senat) (also in criminal matters falling within the jurisdiction of local courts); and to exercise supervision regarding the lawful and correct treatment of convicts and supervision over detainees.

Besides the investigation, district courts also have a special department for criminal offences of minors (if the defendant committed the criminal offence as a minor (under eighteen years old) and was not yet twenty-one years old at the beginning of the criminal procedure). The public in those procedures is excluded, and the whole criminal procedure follows special rules of conduct. The court sits as a panel in the composition of a judge for minors and two lay judges that are elected among professors, teachers, tutors, and other persons having experiences with education of minors. Higher courts and the Supreme Court also have special panels with the composition of three judges to decide about the appeals.

District courts sit as a panel in the composition of two judges and three lay judges when adjudicating criminal offences, which are punishable by fifteen years or more of imprisonment, and in the composition of one judge and two lay judges when adjudicating in other cases. Investigation acts before the trial are carried out by investigation judges. Non-trial panels (izvenobravnavni senati) in the composition of three judges decide without a hearing about the appeals against the decisions of investigation judges and judges of the local courts when performing investigation acts.

Higher courts decide on appeals in panels composed of three judges. An appeal withholds the execution of the sentence, and in case that only the defendant files an appeal, the verdict cannot be changed in his detriment.

The Supreme Court adjudicates on ordinary legal remedies and on extraordinary remedies. Three, five, or seven judges compose the panels of the Supreme Court.

See the website of the Judiciary of the Republic of Slovenia for more information.

2.1.3.2. Labor and Social Court

The jurisdictions of the labor and social courts are determined by the Labor and Social Courts Act. They have the position of district courts at the first instance, and their appeal court is the Higher Labor-Social Court in Ljubljana. Appeals against rulings of the Higher Labor-Social Court, as well as extraordinary appeals, are trialed by the Supreme Court of the Republic of Slovenia. A single judge decides in individual labor and social disputes concerning pecuniary claims if the value of the disputed subject matter does not exceed 40.000 euros and in certain other cases as determined by the law. In other cases, both first instance courts sit in panels in the composition of one judge and two lay judges (one of whom is elected by the National Assembly from the list of employee or insured persons’ candidates, and the other from the list of employer candidates).

There is only one Social Court. It is seated in Ljubljana, although it also holds hearings in its external departments. It adjudicates disputes arising from pension and disability insurance, unemployment insurance, health insurance, and social and family incomes; it is competent to review the legality of acts issued by institutions dealing with the above insurances.

Labor courts adjudicate disputes arising from working relations between employers and employees, such as disputes concerning working contracts, beginnings and endings of working relations, etc. (individual labor disputes). Labor courts also have jurisdiction over collective labor disputes, such as the validity and execution of collective agreements, accordance of the collective agreements with the law, accordance of the general acts of the employers with the collective agreements and laws, legality of the strikes, participation of the workers at the management, etc.

See the Labor and Social Court website for more information.

2.1.3.3. Administrative Court

The establishment, organization, and function of the Administrative Court of the Republic of Slovenia are governed by the Administrative Dispute Act. The court is situated in Ljubljana and holds the external departments in Nova Gorica, Celje, and Maribor.

In Ljubljana, the workload is divided among three departments: the department for public finances; department for property relations, environment, and spatial planning; and department for protection of constitutional rights.

A person can be elected as a judge of the Administrative Court if they meet the requirements for a higher court judge or if, in addition to the general conditions for election to a judicial position, they have at least ten years of experience in decision-making in administrative matters or in similar legal work.

The Administrative Court ensures, in accordance with the Administrative Dispute Act, judicial protection of rights and legal interests of individuals and other persons if they hold rights and responsibilities against decisions brought by administrative or other state bodies authorized by law.

The Administrative Court decides on the legality of the final individual decision that is enacted by state bodies, self-government bodies, or other bodies holding a public authorization; on the legality of individual decisions and actions violating constitutional rights of an individual, if there is no other legal remedy; and on the legality of regulations enacted by state bodies, self-government bodies, or other bodies holding a public authorization in so far as they regulate individual relations.

2.1.3.4. The Supreme Court

The Supreme Court is the highest appellate court in the state. It functions primarily as a court of cassation. It is a court of appellate jurisdiction in criminal and civil cases, in commercial lawsuits, in cases of administrative review, and in labor and social security disputes. It is the court of third instance in almost all cases within its jurisdiction. The grounds of appeal to the Supreme Court (defined as extraordinary legal remedies in Slovenian procedural laws) are therefore limited to issues of substantive law and to the most severe breaches of procedure.

Apart from administering justice (reviewing cases in its jurisdiction), the Supreme Court also determines most cases of disputes over jurisdiction between lower courts, grants the transfer of jurisdiction to another court in cases provided by law, and keeps records of the judicial practice of courts.

The Supreme Court also takes care of the uniform case law. To decide on questions related to the uniform practice of the courts, the court sits in the panel composed of all the judges of the Supreme Court–Joint Session (občna seja).

The Court is organized in five judicial departments: Criminal Department, Civil Department, Commercial Department, Labor and Social Department, and Administrative Department.

See the Supreme Court of the Republic of Slovenia’s website for more information, as well as Supreme Court key decisions (in English).

2.1.3.5. Constitutional Court

On June 25, 1991, the Republic of Slovenia became an independent and sovereign state. The Constitutional Court of the former federal unit of the former Yugoslavia, which had been established in 1963 (on June 5, 1963, the first President and eight judges of the then-Constitutional Court were appointed), thus became the Constitutional Court of the newly independent state. With the new Constitution coming into force, the Constitutional Court acquired new important powers and the position of the highest body of judicial power for the protection of constitutionality, legality, and human rights.

In relation to other state bodies, the Constitutional Court is autonomous and independent. It regulates its organization and work by the Rules of Procedure and other general acts. The existing organization is determined by the Constitutional Court Act, Rules of Procedure of the Constitutional Court, and the Rules on the Internal Organization and Office Operations of the Constitutional Court.

The Constitutional Court is composed of nine judges, elected on the proposal of the President of the Republic by the National Assembly. The judges are elected for a term of nine years and may not be re-elected. The President of the Constitutional Court shall be elected by the judges from among themselves for a term of three years.

Most powers of the Constitutional Court are explicitly determined in the Constitution. However, they may also be determined by statute.

According to the Constitution, the Constitutional Court decides on:

  • the conformity of statutes and other regulations with the Constitution, ratified treaties, and general principles of international law;
  • the conformity of executive regulations and local community regulations with statutes;
  • constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts;
  • jurisdictional disputes between the state and local communities, between the local communities themselves, between courts and other state authorities, and between the National Assembly, the President of the Republic, and the Government;
  • the unconstitutionality of the acts and activities of political parties;
  • appeals against National Assembly decisions on the confirmation of National Assembly Deputies’ mandates;
  • impeachment against the President of the Republic, the Prime Minister, and Ministers;
  • constitutional complaints;
  • and it issues opinions on the conformity of a treaty with the Constitution in the process of ratifying such treaty.

Statute determines the jurisdiction of the Constitutional Court to:

  • decide on appeals against National Council decisions on the confirmation of its members’ mandate;
  • review the constitutionality of the decision of the National Assembly not to call a referendum;
  • review the constitutionality and legality of a referendum question concerning a local referendum;
  • review the constitutionality and legality of a National Assembly decision on finding that conditions for the establishment of a municipality or a change in its territory are not fulfilled;
  • review the constitutionality of a National Assembly decision to dissolve a municipal council or dismiss a mayor.

A constitutional complaint may be lodged, after exhausting all other available remedies, due to a violation of human rights or fundamental freedoms against individual acts by which state authorities, local community authorities, or holders of public authority decided the rights, obligations, or legal entitlements of individuals or legal entities.

See the website of the Constitutional Court of the Republic of Slovenia for more information.

2.1.4. Court of Audit

The Court of Audit was introduced into the Slovene legal system by the new Constitution. It is the highest body for supervising state accounts, the state budget, and all public spending (Art. 150 of the Constitution); it may audit any act on past operations as well as the acts on the planned operations of public fund users. The Court of Audit does not typically fall under any of the three branches of power–legislative, executive or judicial. The court is independent in the performance of its duties and bound by the Constitution and laws. Its functioning is determined in the Court of Audit Act as well as in number of other laws dealing with functioning of public fund users.

The court has three members: a president and two deputy presidents. They are appointed for a term of nine years on a proposal from the President of the Republic by the National Assembly by majority vote of all the deputies in a secret ballot. In addition to the members, the Court of Audit also has a maximum of six Supreme State Auditors, who head the audit departments and have the status of public officials. They are appointed by the President of the Court of Audit for a term of nine years. The Court of Audit is accountable to the National Assembly and the public for the implementation of its tasks; it has the right and the duty to report on its audit findings.

2.1.5. Ombudsman

The institute of the Human Rights Ombudsman was created in Slovenian law according to the Scandinavian model by the new Constitution in 1991 (Art. 159 of the Constitution). The function is a constitutional category that does not fall under the executive, judicial, or legislative branch of authority; it is therefore not part of any mechanism of authority, but rather acts as an overseer of authority, since, as an institution, it restricts its capricious encroachment of human rights and fundamental freedoms. In his work, the Ombudsman is not only limited to handling direct violations of human rights and freedoms, but he may act in any case whatsoever dealing with a violation of any right of an individual arising from a holder of authority. He can intervene also in the case of unfair and poor state administration in relation to the individual. The Human Rights Ombudsman is elected by the Parliament upon the nomination made by the President of the Republic for the term of six years.

Before turning to the Ombudsman, all regular and extraordinary legal remedies have to be exhausted, except in cases where it would be useless for the petitioner to start or continue such proceedings or if individuals would suffer great or irreparable damage in the meantime. Among other means of acting, the Ombudsman can request the Constitutional Court to review the constitutionality and legality of specific regulations or acts or file a constitutional complaint about a rights violation in the name of the applicant and with his authorization. He can also submit suggestions for changes to statutes and other regulations to Parliament or the Government.

According to the Constitution, the Special Ombudsmen for the rights of citizens may also be established by law for particular fields, but that provision has not been realized in practice yet. The position and functioning of the institute of the Ombudsman is regulated by the Human Rights Ombudsman Act.

See the website of the Human Rights Ombudsman for more information.

2.1.6. Information Commissioner

The Information Commissioner is an autonomous and independent state body with competences in the field of the protection of public information and personal data. The institution has been established by Information Commissioner Act, which implemented the Directive 95/46/EC of the European Parliament and Council into the Slovene legal order.

The Information Commissioner is an appellate body against the decisions of public bodies (such as state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders, and public service contractors) regarding access to or re-use of public information as well as against the decisions of the data controllers. It also supervises the implementation of the Information Commissioner Act, Access to Public Information Act, and Personal Data Protection Act.

The Information Commissioner is appointed by the National Assembly of the Republic of Slovenia on a proposal from the President of the Republic of Slovenia, for a five-year term and can be reappointed once.

See the website of the Information Commissioner for more information.

2.2. Municipalities

According to the Constitution, municipalities represent self-governing local communities (Art. 139 of the Constitution). The territory of a municipality comprises a settlement or several settlements bound together by the common needs and interests of the residents. A municipality is established by law following a referendum by which the will of the residents in a territory is determined. Law also defines the territory of the municipality. Currently, Slovenia has 212 municipalities.

The competences of the municipality are either autonomous, dealing with local affairs affecting residents, or are delegated from the state level with the prior consent of the municipality. The state may by law vest specific duties within the state jurisdiction in the municipality, if the state provides financial resources for this purpose. The proper and competent performance of duties (delegated by the state) is supervised by the state, while the general acts enacted within the scope of autonomous competences can only be challenged before the Constitutional Court.

The competences may also vary upon the status of the municipality. Already the Constitution itself determines a specific form of municipality: the urban municipality. The conditions to attain the status and its competences are determined by law (the Local Self-Government Act).

Municipality is defined as a community capable of meeting the needs and interests of its residents and to carry out other tasks laid down by the law. The community is considered to meet the requirements when it provides complete elementary schooling, primary citizens’ health care, municipal services (drinking water supply, removal and purification of wastewater, electricity supply), postal services, a library, and premises for local community administration (Art. 13 of the Local Self-Government Act). The lower limitation of number of inhabitants is 5.000, though exceptions can be made for not less than 2.000 in the case of special circumstances.

The urban municipality (20.000 inhabitants minimum), in addition to the previously mentioned requirements, needs to ensure at least 15.000 working posts, of which at least half must be in tertiary and quaternary activities. It must also serve as the geographic, economic, and cultural centre of its gravitational area (Art.16 of Local Self-Government Act).

The main municipal bodies are the municipal council, mayor, and supervisory committee. The municipal councilors and mayor are elected in direct, general elections by secret ballot for a term of four years (the local elections are governed by the Local Elections Act). The municipal council holds “the legislative” power and the mayor and municipal administration an “executive” one, while the supervisory committee supervises the municipal expenditure.

The Constitution provides for the establishment of regions. Art. 143 of the Constitution was amended in 2006. According to the amendment, a region is a self-governing local community that manages local affairs of wider importance and certain affairs of regional importance provided by law. According to the Constitution, regions are established by law, which also determines their territory, seat, and name, and are adopted by the National Assembly by a two-thirds majority vote of deputies present. By law, the state transfers the performance of specific duties within the state competence to the regions and must provide to them the necessary financial resources to enable such transfer. However, the law establishing regions has not yet been adopted.

The Slovene legal system is part of the continental legal systems and is strongly influenced by German law and legal order. As the territory of present-day Slovenia was a part of the Austrian Empire for a long time, this influence has rather historical roots. The law was transformed after the socialist models in the post-war time when the territory joined the Yugoslav Republic. The impact of the institutions, such as the socialized property, self-management, and protection of workers, can still be found in the legal system today (such as denationalized procedures that have, however, largely come to an end).

In 1991, following the favorable plebiscite on secession from Yugoslavia (December 23, 1990), the Slovene Assembly enacted the Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia (June 25, 1991), which became the legal basis for its independence. The Constitution was adopted on December 23, 1991, after which the legislation followed; until the new laws came into force, the old Yugoslav Republic and federal laws and rules remained applicable, insofar they did not contravene the new constitutional order. In drafting the legislation, the legislator followed the German model in several areas.

Legislation is very dynamic in Slovenia; this was especially evident before joining the European Union (with adoption of the aquis communitaire). In addition, the Constitution has been changed several times since it entered into force. The amendment of 2016 enshrined the right to drinking water (Art. 70a of the Constitution). The latest amendment, adopted in 2021, expressly recognizes the freedom to use and develop the Slovene sign language and tactile languages. In municipalities where Italian or Hungarian are also official languages, the freedom to use the Italian or Hungarian sign languages was also recognized.

3.1. Sources of Law

3.1.1. Constitution

Slovenia has a constitution in the formal meaning of the word–it is written in a single document and is the top of the Slovene legal system, hierarchically above the other legislative acts: the international treaties, laws, and regulations. The Slovene Constitution regulates the foundations of the Slovene political and legal order. It is divided in ten chapters:

  • General Provisions, regulating the base of Slovene independence with the provisions on the organization of the state. They define symbols, the official language, and the capital of the state.
  • The (non-exhaustive) list of Human Rights and Fundamental Freedom, guaranteeing human rights to everyone, irrespective of national origin, race, sex, language, religion, political or other conviction, material standing, birth, education, social status, disability, or any other personal circumstance; all are equal before the law. Furthermore, human rights and fundamental freedoms are exercised directly based on the Constitution and can only be limited by the rights of others and in such cases as are provided by the Constitution. The way human rights and fundamental freedoms are exercised must be regulated by law (and not other lower acts) only when provided by the Constitution or where this is necessary due to the nature of an individual right or freedom. The list of the individual rights follows the lists in international documents, especially the European Convention of the Human Rights and reflects the former legal regulation with stressing the social and economic human rights (freedom of work, right to social security, right to health care, etc.). In Art. 64, special rights of the Autochthonous Italian and Hungarian National Communities in Slovenia are guaranteed. The position and the rights of those communities are considered to be broadly construed. Among others, they can establish their own self-governing communities in the geographic areas where they live to exercise their rights. On the proposal of these self-governing national communities, the state can authorize them to perform certain functions under national jurisdiction and must provide funds for the performing of such functions. Moreover, the two national communities are directly represented in representative bodies of local self-government and in the National Assembly. At the national level, that means that two seats in the National Assembly are reserved for the deputies elected by these two communities. Furthermore, these deputies have veto rights to laws, regulations, and other general acts that concern the exercise of the constitutionally provided rights and the position of the national communities exclusively.
  • Economic and Social Relations include more social and economic rights, especially the right to property and rights connected to employment. Some of those provisions must be considered more as program provisions than rights, e.g., the provision that the state shall create opportunities for employment and work (Art. 66 of the Constitution) or that the state shall create opportunities for citizens to obtain proper housing (Art. 78 of the Constitution). Those obligations are meant to be politically and not legally binding (meaning that the state has an obligation to devote attention to addressing these issues, but those provisions cannot be legally enforced–best efforts obligation).
  • Organization of the State.
  • Self-Government: provisions dealing with local government.
  • Public Finance: provisions that are the base of taxation, budgets, auditing, and the Slovene Central Bank.
  • Constitutionality and legality.
  • The Constitutional Court.
  • Procedure for amending the Constitution (described below).
  • Transitional and final provisions.

In the Republic of Slovenia, the Constitution can be amended by a Constitutional Act. The Slovene Constitution can be defined as an entrenched constitution, meaning that there are special provisions governing its amendment that are stricter than the normal legislative procedure. This procedure has two stages. The first stage begins with the proposal to initiate the procedure for amending the Constitution, which must be put forward by twenty deputies of the National Assembly, the Government, or at least thirty thousand voters. The National Assembly then decides on the proposal by a two-thirds majority vote of deputies present. In the case of the rejection of the proposal, the procedure ends. If adopted, however, the second stage of the procedure involves deciding upon the wording of the suggested amendment. Acts amending the Constitution require a two-thirds majority vote of all deputies. Furthermore, the people can also be involved in the process of constitutional amendments: The National Assembly must submit a proposed constitutional amendment to voters for adoption in a referendum, if so, required by at least thirty deputies. Such an amendment is adopted in a referendum, if the majority of voters vote in favor, provided that a majority of all voters participate in the referendum (Art. 170 of the Constitution). A contrario: if the necessary votes are not obtained, the amendments cannot be adopted.

Besides the Constitution (and Constitutional Acts as the means of amending the Constitution), the constitutional level of legal acts in Slovenia also includes the Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia (hereinafter “Constitutional Charter”). The Constitutional Charter is a sui generis constitutional legal act that provided for the constitutional basis for the Slovene independence. Two of its provisions are especially important even today: they characterize the Republic of Slovenia as a sovereign and independent state and define the borders of the state.

The text of the Slovene Constitution is available in Slovene, English, Italian and Hungarian.

3.1.2. International Treaties

In the Republic of Slovenia, international law becomes part of the inner law once it has been incorporated into the Slovene legal system. In principle, an international treaty must be ratified and published in the Official Gazette to be directly applicable (Art. 8 of the Constitution). The National Assembly ratifies treaties by a majority of votes cast by the deputies present, unless where a different type of majority is provided by the Constitution or by law.

As for the hierarchy of the legal acts, laws must be in conformity with generally accepted principles of international law and with valid treaties ratified by the National Assembly, whereas regulations and other general legal acts must also be in conformity with other ratified treaties (Art. 153 of the Constitution). “Other ratified treaties” are treaties ratified by the Government, and those are, according to the Art. 75 of the Foreign Affairs Act, protocols, programs, and similar acts that have been adopted for the implementation of other adopted international treaties, and which do not include new obligations.

The Constitutional Court plays a special role in supervising the conformity of laws and other regulations with ratified treaties and the general principles of international law, as well as the conformity of international treaties in the ratification process with the Constitution. Namely, during the ratification process, the Constitutional Court, on the proposal of the President of the Republic, the Government, or one-third of the deputies of the National Assembly, issues an opinion on the conformity of a treaty with the Constitution. The National Assembly is bound by the opinion of the Constitutional Court (Art. 160 of the Constitution).

However, legal acts adopted by the European Union have a different status to that of international treaties. As in the other member states, EU law takes precedence over national law. To align the legal order with this community principle, Slovenia had to amend the Constitution before joining the European Union. In 2003, Article 3a was added to the Constitution, providing in its third paragraph that legal acts and decisions adopted within international organizations to which Slovenia has transferred the exercise of part of its sovereign rights are applied in Slovenia in accordance with the legal regulation of these organizations.

3.1.3. European Legislation

Since joining the European Union in 2004, the Republic of Slovenia has recognized European legislation as a source of law in accordance with the rules of the European legal order.

3.1.4. Laws

Laws/acts (zakoni) are the main general law acts in the Slovene legal system. Hierarchically, they are subordinated to the Constitution and international treaties ratified by the National Assembly and must be in accordance with them (the principle of constitutionality). The laws are adopted by the National Assembly according to the procedure described below (section 4.2.4.).

In Slovenia, there are no different types of laws (as there are, e.g., in federal states, federal laws, and state laws), but in practice, a type of law called “codes” (zakonik) are used. This term is used for the laws that systematically and entirely govern the legal regulation of a large area of social life. However, they are not above the other laws–if there is an antinomy between a code and a law, the usual principles of the legal interpretation are to solve the conflict. Slovenia has several codes, such as the Penal Code and Civil Code.

Laws must be published in the Official Gazette (Uradni List), and they enter into force on the fifteenth day after its publication unless otherwise determined in the act itself.

3.1.5. Court Decisions

In the Slovene legal system, court decisions are not considered a formal source of law (rather, they interpret statutory and other legal norms). Court decisions are not considered to be precedent, as this term is understood in the Anglo-American legal system. In practice, this means that lower courts are guided by the reasoning of previous decisions, endeavoring to apply the law consistently. However, they can deviate from the established court decision but must provide relevant reasons. The Supreme Court of the Republic of Slovenia is responsible for ensuring uniform application court decisions.

3.1.6. Regulations

Regulations and other general legal acts must be in conformity with the Constitution, laws, and all ratified treaties. They are issued by government, ministries, local communities, and other holders of public authority. Regulations must be published prior to coming into force. A regulation comes into force on the fifteenth day after its publication unless otherwise determined in the regulation itself. State regulations are published in the Official Gazette of the state, whereas local community regulations are published in the official publication determined by the local community. The legislative procedure is described below (3.2.1., 3.2.2., 3.2.3.).

The Administrative Court has jurisdiction to review administrative acts and to decide on the legality of final individual acts with which state authorities, local community authorities, and holders of public authority decide on the rights or obligations and legal entitlements of individuals and organizations, if other legal protection is not provided by the law for a particular matter.

If no other legal protection is not provided, the court also decides on the legality of individual actions and acts, thereby interfering with the constitutional rights of an individual.

3.2. National Legislation and Regulation

In compliance with the legislative regulations in the Republic of Slovenia, legal acts are adopted and issued by the National Assembly of the Republic of Slovenia as the legislative authority, the Government of the Republic of Slovenia and individual ministers within the executive branch of power, and the holders of public authorities to whom public powers for the implementation of certain state administration functions have been granted by the law. The procedures for adopting legal acts differ depending on which entity is adopting or issuing them.

3.2.1. Procedure of Adopting Laws in the National Assembly of the Republic of Slovenia

The primary responsibility of the National Assembly is to adopt laws that regulate social relations, the rights and obligations of nationals and other persons, and to provide the basis for further normative regulation. The legislative procedure in the Republic of Slovenia is set out in detail by the Rules of Procedure of the National Assembly.

First, it should be noted that, in most cases, the proponent of legislation in Slovenia is the Government. Although a draft law may also be submitted by a deputy, the National Council, or at least 5.000 voters, the percentage of these proposals is very low. This means that most laws undergo not only the procedure laid out in Parliament’s rules of procedure, but also the procedure described in the preceding point.

A draft law undergoes three stages in the legislative procedure in the National Assembly. The first reading is intended to present the draft law, and it is considered done by submitting it to the deputies. It may, however, also include a general debate on the reasons for the adopting the law, as well as the principles, goals, and basic solutions set out in the draft law. This debate is not obligatory but takes place if requested by at least ten deputies (out of ninety). During this debate, the National Assembly decides whether the draft law is appropriate for a further reading. If not, the legislative procedure is terminated.

The second reading of a draft law is initially held within the designated working body (committee) of the National Assembly. At this stage, the individual articles of the draft law are debated, and amendments are proposed. These amendments may be proposed by deputies, deputy groups, certain working bodies and the Government, but not if the Government is the proponent of the law. Following the discussion of the amendments and articles, a revised draft law is created by incorporating all the adopted amendments. This text is then discussed by the National Assembly as a whole. At this stage, amendments may be proposed to articles of the draft law to which amendments were adopted by the designated committee. Amendments may be proposed by deputy groups, at least ten deputies, or the Government, provided that the Government is not the proponent of the law. If amendments to less than a tenth of the articles of the revised draft law have been adopted during the second reading, the National Assembly may decide to continue with the third reading of the law at the same session.

In the third reading, the National Assembly debates and votes on the entire draft law. At this stage, amendments may be proposed to articles that were amended in the second reading. These amendments may be proposed by the proponent of the law, deputy groups or the Government, provided that the Government is not the proponent of the law. Following a debate and vote on the amendments, the National Assembly votes on the draft law.

Parliament’s Rules of Procedure also provide for a shortened and urgent procedures for the adopting laws. The proponent of a law may propose a shortened procedure in the event of minor amendments to the law, less demanding harmonization of the law with other laws or with the law of the European Union, or amendments to laws related to decisions of the Constitutional Court. An urgent procedure for the adoption of a law may only be proposed by the Government in the interests of the security or defense of the state, to eliminate the consequences of natural disasters or to prevent consequences that would be difficult to remedy regarding the functioning of the state. In these proceedings, the time limits set for the standard legislative procedure are shortened and all stages of the legislative procedure are taking place in a single session.

When a law is adopted, it comes into force by its promulgation on the part of the President of the Republic of Slovenia and by its publication in the Official Gazette. However, the Slovenian regulatory framework provides for two exceptions: under the first, the National Council of the Republic of Slovenia (herein after the National Council) may vote on a suspensive veto against the adopted law. In consequence, the National Assembly must repeat the vote on the law as a whole and reach the absolute majority of the votes for its adoption, in contrast to the regular procedure where the adoption is granted by a majority of votes cast by the deputies.

The legislative regulation includes the possibility that at least 40.000 voters request that the adopted law be reconsidered on a subsequent referendum. If such a request is submitted, the National Assembly is obliged to call the referendum. This delays the enactment of the law by several months, even if the referendum is eventually not called, since the initiators of the referendum (supported by the signatures of at least 2.500 voters) must be given a time limit by which they have to collect the required 40.000 signatures of voters (thirty days).

The new constitutional arrangement of the legislative referendum of 2013 has affected the three components of the referendum arrangement: a) the referendum initiative (the National Council and one third of the deputies cannot demand it anymore; the initiative is exclusively in the hand of voters), b) the object of referendum decision-making (constitutional prohibition of referendums on certain laws), and c) raising the legitimacy threshold for referendums. Referendums can no longer be called for certain specific laws, while the legitimacy of a referendum decision is strengthened by the introduced rejection quorum (at least one-fifth of all the voters must reject a law). According to the Art. 90 of the Constitution, a referendum may not be called on laws on urgent measures to ensure the defense of the state, security, or the elimination of the consequences of natural disasters; on laws on taxes, customs duties, and other compulsory charges; on the law adopted for the implementation of the state budget; on laws on the ratification of treaties; and on laws eliminating an unconstitutionality in the field of human rights and fundamental freedoms or any other unconstitutionality.

A referendum cannot be called also in case that it would cause unconstitutional consequences, which, however, are decided on by the Constitutional Court.

3.2.2. Holders of Public Authorities

In accordance with Article 121 of the Constitution of the Republic of Slovenia, self-governing communities (municipalities and regions), enterprises, and other organizations may be granted public powers by law to implement certain state administrative functions. These powers may also be exercised by issuing general acts that can have the same effect as public regulations, being binding on all relevant entities. Such acts are, however, subordinate to laws. The issuing procedure is less formalized than procedure of other authorities’ legislative regulation because they are mostly general acts issued by organizations whose activities are in principle not as diverse and far-reaching as those of the state administration. The main task of these organizations is professional implementation of the public powers granted to them within the regulatory framework. Considering the above, these cases hardly involve formal, standardized procedures that are as highly structured as legislative or Government decision-making processes.

Within the legislative regulation of the Republic of Slovenia, public agencies should be mentioned first as the holders of public authority with the power to issue general acts (regulations). The examples are:

  • The Post and Electronic Communications Agency as an independent authority is authorized by the Electronic Communications Act to regulate, by general acts, certain matters whose main framework is determined by the law. Such acts are issued by the Director of the Agency on an autonomous basis. The procedure of issuing such acts is not determined either by the law or any other regulation.
  • The Securities Market Agency as an independent regulatory body is responsible for issuing several general acts under the Securities Market Act. These general acts are issued by the Agency’s Council, consisting of nine members. The procedure for their adoption is practically non-regulated, except for the majority vote required for their adoption.
  • The Agency for Energy is an independent authority under the Energy Act. It also implements several regulatory tasks in the field of energy. The procedure of adopting general acts by the Agency’s Council is not regulated (except in the part requiring the majority vote of all Council members for the adoption of general acts as determined by the Public Agencies Act).

However, the procedure for adopting such acts may be determined in more detail in the rules of procedure of the bodies adopting these regulations, but these are internal acts and not regulations governing such matters. General acts on the execution of public powers are published in the Official Gazette. In certain cases (for example, under the Energy Act), the consent of the Government is required for the issuance of these acts. The Government also has the power to suspend their implementation, if it considers them contrary to the law or in disagreement with the Constitution, and to initiate relevant proceedings before the Constitutional Court.

3.2.3. Regulations Issued by the Ministers

Within the legislative framework of the Republic of Slovenia, standardized procedures for the issuance of ministerial regulations are limited. First, the Constitution requires the issuing of any such regulation to have a statutory basis, meaning that primary normative regulation by the executive branch of power is not permitted. The Constitution also explicitly states that the rights and duties of citizens and other individuals can only be defined by the National Assembly through legislation (Art. 87). Ministers may therefore only issue regulations when there is an explicit statutory basis, or when they consider it necessary to implement the provisions of a certain law.

The procedure for issuing regulations within the Ministry is not regulated. It involves an individual decision of the responsible minister. However, it is a separate issue, however, when and what kind of regulation should be issued. Such decisions depend on the ministries and on the relation between expert services and the political function. The procedure for issuing ministerial regulations is formally regulated only in the following respects:

  • Any such regulation must be submitted to the Government Office for Legislation for inspection and examination in terms of its conformity with the Constitution, laws, and EU regulations, and in terms of regulatory compliance and technical accuracy (not in terms of relevance of its contents). If the Head of the Office considers a minister’s regulation to disagree with the Constitution, a law, a regulation of the National Assembly, or a governmental regulation, he/she informs the minister concerned. If the minister insists on publishing such a regulation, the Head of the Office informs the Prime Minister and proposes suspending its implementation,
  • Any such regulation must be submitted to the Ministry of Public Administration for examination in terms of reducing administrative burdens. If its proponent fails to take the received comments into consideration, the Government will decide on the disputed issue,
  • The Government may suspend the implementation of such regulation, if it believes that it doesn’t comply with the Constitution, laws, or regulations.

Finally, even in the case of ministerial regulations, coordination among several ministries may sometimes be indispensable. This is particularly true when a regulation is issued jointly by several ministers, or when one minister issues a regulation with the agreement of another.

3.2.4. Government Regulations

Like ministerial regulations, government regulations must have a regulatory basis. However, their issuing procedure is different from that of ministers. The Government is a collective authority, with all ministers responsible for its work. On the other hand, the Government is also a place where different coalition interests collide, and where the most important decisions are drafted and adopted. For these reasons, the procedure for issuing regulations and adopting other decisions is highly formalized and set out in detail in the Government’s Rules of Procedure. These rules determine, in detail, the method of processing any material (including draft regulations) undergoing the government procedure. In summary, the procedure can be described as follows: first, the Rules of Procedure determine in detail the elements that any material undergoing the government procedure must contain (for instance, assurance from the proponent regarding the conducted impact assessment of the proposed decisions on public financial resources, conformity with the EU law, reduction of administrative burdens, and the impact on public administration, judicial authorities, the economy, environment, and the social situation of individuals). Furthermore, the Rules of Procedure require all material to be coordinated with the ministries and government offices concerned before submission to the Government, and all draft regulations must be coordinated with the Ministry of Finance and the Government Office for Legislation. Material that has not been coordinated may proceed to the government procedure only if coordination was not possible or if the urgency prevented it.

The Rules of Procedure stipulate a fourteen-day period for inter-ministerial coordination and an additional five-day period available to the Office for Legislation and the Ministry of Finance for their comment if changes were made to the submitted material during the inter-ministerial coordination stage. All government materials are published in the information system of the Government. Ministers and directors of government offices who report directly to the Prime Minister may submit their comments within three days of publication. The Ministry of Finance, the Ministry of Public Administration, and the Government Office for Legislation may, in certain cases, demand an extension of up to nine days to submit comments. Processing of uncoordinated material continues after notification of successful or failed coordination. As a rule, the material is then processed by a responsible working body of the Government and at a government session. Decisions of the Government may also be made at correspondence sessions. When and what is decided at a correspondence session depends mostly on the Prime Minister.

4. Judicial Profession

There are three law faculties in Slovenia: one in Ljubljana (created in 1919), one in Maribor (created in 1975), and one in Nova Gorica (created in 2005 and the only private one). All of them offer also post-graduate studies. All are also included in the Erasmus program of the European Union.

Students can enter the law faculty after they have successfully passed the matriculation (matura) at the end of high school – gymnasium (four years). After the reform of higher education (the Bologna reform), the studies are divided in three cycles. The first cycle, lasting for three or four years (depending on the faculty). is an undergraduate program and gives the title Bachelor of Law. The second cycle comprises one or two years and ends with the title Master of Laws. The third cycle is a doctoral program lasting for three or four years. In the 2025/2026 academic year, the Ljubljana Faculty of Law will offer a five-year integrated master’s study program.

See the websites of University of Ljubljana, Faculty of Law; University of Maribor, Faculty of Law; and New University, European Faculty of Law for more information. Additionally, see Recognition and Assessment of Education and the Ministry of Education, Science, and Sport for more information.

To be a lawyer in Slovenia, one needs a law degree. However, to practice law as a judge, attorney-at-law, state prosecutor, and notary, or to represent clients before certain courts, one also needs to pass the state law exam. Before taking this exam, a qualified lawyer must work for either two years following a special program at the court, or three years in certain legal professions, or four years in public or private service as a lawyer. The state law exam consists of two parts: a written part, in which candidates must draft one verdict in criminal matters and one in civil matters, and oral part, in which candidates must demonstrate their knowledge of the legal system and laws in all legal areas.

Furthermore, to become an attorney-at-law, one must complete a year of work as an “attorney-at-law candidate” after passing the state law exam. Attorneys-at-law are members of the Bar Association of Slovenia, which is responsible for approving new members. The Bar Association registers the candidates on the list of attorneys-at-law and maintains a register of foreign attorneys-at-law who can practice law in Slovenia. To qualify, they must be citizens of a European Union member state, be fluent in Slovene and (among other conditions) demonstrate knowledge of the Slovene legal system by passing an exam. The list of registered lawyers can be found on the webpages of the Bar.

The notary is a public service: notaries draw up public and private documents and provide legal protection when entering certain contracts and other legal transactions. Notaries are appointed by the Minister of Justice. They are represented in the Chamber of Notaries.

The State Attorney’s Office represents the interests of the Republic of Slovenia and other state institutions before domestic, foreign and international courts.

Judges are elected by the National Assembly based on a proposal from the Judicial Council. The Judicial Council of the Republic of Slovenia is composed of eleven members. Five of these are elected by the National Assembly on the proposal of the President of the Republic from among university professors of law, attorneys, and other lawyers. The remaining six members are elected by judges holding permanent judicial office. Aside from fulfilling other conditions, candidates for judges must be lawyers who have passed the state law exam, have at least three years of experience working in law since passing the exam, and must be at least thirty years old. Judges are independent in the performance of their judicial function, and their office is permanent. Judicial office is incompatible with an office in other state bodies, in local self-government bodies, and in bodies of political parties and with other offices and activities as provided by law. Judges are granted immunity; according to the Constitution, a person who is involved in making judicial decisions cannot be held accountable for opinions expressed during the decision-making process in court. Furthermore, if a judge is suspected of committing a criminal offence while performing their judicial duties, they may not be detained, and criminal proceedings can be initiated only with the consent of the National Assembly.

State Prosecutors file and present criminal charges and are granted other powers by law. The State Prosecutor General is appointed by the National Assembly at the proposal of the Government. The others are appointed by the Government on the proposal of the Minister for Justice. Their function is permanent. The organization of the State Prosecution Office mirrors that of the courts: the State Prosecutor General is the head of State Prosecution Office, and there are also Supreme State Prosecutors, Higher State Prosecutors, District State Prosecutors, and State Prosecutor’s assistants.

5.1. Online Resources

Legal Information System: The governmental register of laws, regulations, international treaties, case law, EU law, and other relevant legal sources in Slovenian language. Unofficial consolidated texts of the legislation are accessible with links to the Official Gazette’s web pages. The webpage offers a list of legislation translated in English with links to the texts as well.

URADNI LIST: The Official Gazette publishes the Official Gazette of the Republic of Slovenia weekly (in principle), and from 1.1.2006, it also has the online version of the Gazette, which has the same content and set-up. It is published at the same time as the paper version. This very useful database is accessible without registration and free to all, but unfortunately it is only in Slovene at the time of this writing. The documents are accessible in PDF format.

The Case Law search engine: The search engine of the case law of the Slovenian courts (the Constitutional Court excluded) and the Court of Justice of the EU in Slovenian language, maintained by the Supreme Court of the Republic of Slovenia. Supreme courts key decisions (in English).

The Constitutional Court Case Law search engine: The search engine of the case law of the Constitutional Court of the Republic of Slovenia (in English).

IUS INFO: IUS INFO/EURO IUS INFO and TAX-FIN-LEX are the two most elaborate tools for searching legal materials in Slovene. They have databases of laws and regulations; decisions of higher courts, the Supreme Court, and the Constitutional Court; articles; legal opinions; legal dictionaries; registers of legislation; and legislation of the European Union. European Union law databases are also accessible in English, but most of them are only accessible with the password obtained from a paid registration. Besides the wide coverage, their best quality is an easy searching engine. As they update their databases frequently, they are also used by Slovene courts and public administration.

Parliament database: The National Assembly has a database of the adopted legislation from 1996 on. It consists of the following databases: Consolidated Texts of Laws, Adopted Laws, Draft Laws – draft laws submitted for discussion in the current term of the National Assembly, Readings of Laws – End of Procedure, Draft Acts, Readings of Acts, Draft Ordinances, and Readings of Ordinances – End of Procedure. The database also has a searching engine, although not as elaborated as the previous ones. It is only available in Slovene in the moment of writing.

The best sources of Slovene legislation in English are Ministries and governmental offices, which keep English translations (although mostly unofficial) of the most important laws in their area:

Although most publishers publish legal literature among the other literature, there are several specialized legal publishers in Slovene (most of the web pages are not accessible in English yet):

  • Pravna Praksa: Probably the most read law review, published weekly.
  • Podjetje In Delo: Law review for company (business), labor, and social law.
  • Pravnik: Review for law theory and practice issued by Association of Law Societies in Slovenia.
  • Lex Localis: Journal of local self-government.
  • Revija Javna Uprava: Legal review for public administration published by the Institute for Public Administration at Ljubljana Law Faculty four times a year.
  • Odvetnik: Journal of the Bar Association of Slovenia.
  • Slovenian Law Review: The first Slovenian legal review, which publishes articles in foreign languages, issued by the Ljubljana Law Faculty.
  • Dignitas: Mainly dedicated to human rights law; it also publishes current translations of the important decisions of the European Court for Human Rights and their comments as well as the comments of the Constitutional Court decisions.
  • Zbornik Znanstvenih Razprav: Scientific gazette of the Faculty of Law, University of Ljubljana.
  • Pamfil: Legal review published by students of the Faculty of Law, University of Ljubljana.
  • Revus: International journal for constitutional theory and philosophy of law.

5.4. Miscellaneous

5.5. Selection of Major Commentaries

Constitution

  • Šturm, Komentar Ustave Republike Slovenije, Ljubljana: Fakulteta za podiplomske državne in evropske študije, 2002.
  • Šturm, Komentar Ustave Republike Slovenije: dopolnitev – A, Kranj: Fakulteta za državne in evropske študije, 2011.
  • Avbelj, Komentar Ustave Republike Slovenije, Nova Gorica: Nova univerza, Evropska pravna fakulteta, 2019.

Criminal Code

  • Bele, Kazenski zakonik: s komentarjem: splošni del, Ljubljana: GV Založba, 2001.
  • Deisinger, Kazenski zakonik 2017: Posebni del: s komentarjem, sodno prakso in literaturo, Maribor: Poslovna založba MB, 2017.
  • Korošec, Veliki znanstveni komentar posebnega dela Kazenskega zakonika (KZ-1), Ljubljana: Uradni list Republike Slovenije, Pravna fakulteta Univerze v Ljubljani, 2018, 2019.

Code of Criminal Procedure

  • Horvat, Zakon o kazenskem postopku (ZKP): s komentarjem, Ljubljana: GV Založba, 2004.
  • Horvat, Zakon o kazenskem postopku (ZKP) z novelo ZKP-J, Ljubljana: GV Založba, 2009.
  • Šepec, Zakon o kazenskem postopku s komentarjem, Ljubljana: GV Založba, 2023.

General Administrative Procedure Act

  • Breznik, Štucin, Marflak, Zakon o splošnem upravnem postopku (ZUP): s komentarjem, Ljubljana: GV založba, 2008.

Administrative Dispute Act

  • Kerševan, Zakon o upravnem sporu (ZUS-1): s komentarjem, Ljubljana: Lexpera, GV založba, 2019.

Civil Code

  • Šinkovec, Tratar, Obligacijski zakonik: s komentarjem in sodno prakso, Lesce: Oziris, 2001.
  • Plavšak, Obligacijski zakonik (OZ): s komentarjem, Ljubljana: GV založba, 2003, 2004.
  • Toplišek, Stvarno kazalo k Obligacijskemu zakoniku s komentarjem, Ljubljana: GV založba, 2004.
  • Možina, Komentar Obligacijskega zakonika (OZ) – splošni del: Ljubljana, Uradni list, 2024, 2025

Code of Civil Prodecure

  • Ude, Betetto, Galič et al., Pravdni postopek: zakon s komentarjem, Ljubljana: Uradni list Republike Slovenije, GV založba, 2005–2010.
  • Štravs, Zakon o pravdnem postopku: novela ZPP-E s komentarjem, Maribor: Poslovna založba MB, 2017.

Law of Property Code

  • Juhart, Tratnik, Vrenčur, Stvarnopravni zakonik (SPZ): (neuradno prečiščeno besedilo): s komentarjem, Ljubljana: Uradni list Republike Slovenije, Pravna fakulteta v Mariboru, 2018.
  • Plavšak, Komentar Stvarnopravnega zakonika. Knj. 1, Lastninska pravica in etažna lastnina, Ljubljana: Planet GV, ABC nepremičnine, 2019.

Companies Act

  • Kocbek, Zakon o gospodarskih družbah (ZGD) s komentarjem, Ljubljana: GV založba, 2002.
  • Kerčmar, Tratar, Boltin, Praktični komentar novega zakona o gospodarskih družbah (ZGD-1), Lesce: Legat, 2006.
  • Kocbek, Veliki komentar Zakona o gospodarskih družbah (ZGD-1), Ljubljana: GV založba, 2006, 2007.
  • Kocbek, Veliki komentar Zakona o gospodarskih družbah, 2., dopolnjena izdaja z novelami ZGD-1A do ZGD-1H, Ljubljana: IUS Software, GV založba, 2014.

Prevention of Restriction of Competition Act

  • Grilc, Zakon o preprečevanju omejevanja konkurence (ZPOmK-1): s komentarjem, Ljubljana: GV založba, 2009.

Financial Operations, Insolvency Proceedings, and Compulsory Dissolution Act

  • Plavšak, Komentar Zakona o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju (ZFPPIPP), Ljubljana: Tax-Fin-Lex, ABC nepremičnine, 2017.

Employment Relationships Act

  • Korpič-Horvat, Senčur Peček, Mali komentar Zakona o delovnih razmerjih (ZDR-1), Ljubljana: Dashöfer, 2013.
  • Štelcer, Veliki komentar ZDR-1: 2014, Maribor: Poslovna založba MB, 2014.
  • Bečan, Zakon o delovnih razmerjih (ZDR-1): s komentarjem, Ljubljana: Lexpera, GV založba, 2019.

Family Code

  • Zupančič, Novak, Reforma družinskega prava: predlog novih predpisov s komentarjem, 2., spremenjena in dopolnjena izdaja, Ljubljana: Uradni list Republike Slovenije, 2009.
  • Kraljič, Družinski zakonik: s komentarjem, Maribor: Poslovna založba MB, 2019.
  • Čujovič, Komentar Družinskega zakonika, Ljubljana: Uradni list Republike Slovenije, 2019.
  • Grad, Kaučič, Pogačnik, Tičar, The Constitutional System of the Republic of Slovenia: Structural Survey, Trieste, Ljubljana, SECLI – Zavod, 2002.
  • Pavčnik: The transition from socialist law and resurgence of traditional law: the case of Slovenia: the (in)adequacy of legal positivism, Budapest: Akadémiai Kiadó, 2005.
  • Zagorc, The Constitutional Basis of Economic Activity in the Republic of Slovenia, Regensburg: R. Arnold: Universität Regensburg, 2005.
  • Mavčič, The Slovenian Constitutional Review, Preddvor: A. Mavčič, 2009.
  • Mavčič, Constitutional Law in Slovenia, Alphen aan den Rijn: Kluwer Law International, 2012.
  • Bohinc, Media Law in Slovenia, Alphen aan den Rijn: Kluwer Law International, 2015.
  • Podlipnik, Slovenia: Sports Law Slovenia, Alphen aan den Rijn: Kluwer Law International, 2015.
  • Vodovnik, Korpič-Horvat, Labour Law in Slovenia, Alphen aan den Rijn: Kluwer Law International, 2015.
  • Žnidaršič Skubic, Medical Law in Slovenia, Alphen aan den Rijn: Wolters Kluwer, Law & Business, 2015.
  • Fatur, Podobnik, Vlahek, Competition Law in Slovenia, Alphen aan den Rijn: Wolters Kluwer, 2016.
  • Ferčič, Samec Berghaus, Energy Law in Slovenia, Alphen aan den Rijn: Kluwer Law International, 2016.
  • Kogovšek Šalamon, Erased: citizenship, residence rights and the constitution in Slovenia, Frankfurt am Main: PL Academic Research, 2016.
  • Kramberger Škerl, Vlahek, Property and Trust Law: Slovenia, Alphen aan den Rijn: Wolters Kluwer: Kluwer Law International, 2016.
  • Kresal, Kresal Šoltes, Strban, Social Security Law in Slovenia, Alphen aan den Rijn: Wolters Kluwer, 2016.
  • Kogovešk Šalamon, Migration Law in Slovenia, Alphen aan den Rijn: Wolters Kluwer, 2019.
  • Možina, Vlahek, Contract Law in Slovenia, Alphen aan den Rijn: Wolters Kluwer, 2019.

[1] Before the amendment, the Constitution allowed the establishment of the regional level, but it predicted an integration of municipalities on a voluntary basis, which turned out to be impossible to organize.