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Slovenia – Judicial Remedy

Principle 1- State’s duty to protect HR

The relevant human rights authorities in Slovenia include judicial bodies, state administration bodies, and other bearers of public authority. (pg. 8)

Principle 3a – Workplace Mobbing

In the event of workplace mobbing (bullying, harassment), the worker has the right to judicial protection and damages. (pg. 13)

Principle 26 – Domestic judicial mechanisms

The Constitution of the Republic of Slovenia guarantees judicial protection of human rights and fundamental freedoms, and the right to obtain redress for violations of such rights and freedoms (Article 15 of the Constitution). (pg. 35)

Regarding basic procedural rules, a comprehensive update of the regulations governing judicial protection sought by private parties in the event of human rights violations was carried out in 2017. One of the objectives of the amended regulations is to enable more effective protection of individuals’ rights…through the institutions enabling the unification of case law and thus greater legal predictability of court decision making, leading to enhanced judicial protection and trust in the law. (pg. 36)

Regarding respect for human rights in the business sector, the Code contains an important provision stipulating that criminal liability is to be imposed on a legal person for criminal offences which the perpetrator commits in his name, on his behalf or in his favour. (pg. 36)

The amended Criminal Code, which entered into force on 2 July 2017, stipulates that no direct intent needs to be determined in the event of the criminal offence of violation of fundamental workers’ rights, and that conditional intent suffices; the foreseen penalties are also higher. (pg. 36-37)

About access to judicial protection for the socially underprivileged, it is important to mention the institution of free legal aid as defined in the Free Legal Aid Act. (pg. 37)

Judicial verification and judicial protection regarding administrative acts and actions undertaken by the public administration are guaranteed by the Administrative Dispute Act. The right to trial without undue delay, judicial protection of this right and the right to just satisfaction if the right is violated are envisaged by the Protection of Right to Trial without Undue Delay Act. (pg. 37)

Workers in an employment relationship are guaranteed direct legal protection in the event of a request to determine the grounds for the illegal termination of an employment contract, other modes of termination of employment contract or decisions regarding the disciplinary responsibility of workers. In addition, workers may bring monetary claims arising from the employment relationship before the competent labour court. (pg. 37)

In the event of bullying or discrimination, workers have the right to judicial protection. (pg. 37)

Workers can also appeal to the Labour Inspectorate of the Republic of Slovenia. If a labour inspector, since a report or inspection, determines a violation of the prohibition of bullying, appropriate measures or sanctions may be imposed on the employer. (pg. 38)

Principle 26 – Planned Measures

The purpose of the Class Actions Act is to improve access to judicial protection and ensure the exercise of the rights violated for individuals in cases of collective injury, to deter potential violators from illegal actions and to prevent the overload of courts due to an excessive number of independent actions in the event of collective injury. (pg. 39)

Principle 27 – Alternative settlement of legal disputes

The Advocate of the Principle of Equality may provide independent assistance to persons discriminated against when exercising their rights concerning protection against discrimination in the form of counselling and legal assistance in administrative and judicial proceedings regarding discrimination. (pg. 40)

In accordance with the provisions of the Act on Alternative Dispute Resolution in Judicial Matters, the courts carry out programmes of court-related mediation. To promote court-related mediation, the Ministry of Justice of the Republic of Slovenia has prepared a set of activities to increase the visibility of mediation as a means of settling legal disputes, and to additionally inform parties to court proceedings of all the advantages offered by this method of resolving disputes. (pg. 41)

Principle 31 – Nonjudicial Grievance Mechanisms

The State grants access to judicial mechanisms and is developing new non-judicial mechanisms to facilitate access to effective appeal mechanisms related to violations of human rights in business. In so doing, the State strives to improve the effectiveness, accessibility, predictability and transparency of procedures. (pg. 42)

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