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Slovenian Judicial System

Dr Janja Hojnik

11 district courts. There are four levels of the courts of general jurisdiction: 44 local courts. 4 higher courts and the Supreme Court 2 .Organisation of the Judicial System The uniform judicial system of RS: courts of general and specialised jurisdiction.

civil enforcement.civil cases concerning claims for damages or property rights up to a certain value. .probate and other non-litigious matters. tenancy relations etc.all civil cases concerning disturbance of possession.. keeping of land registers. 3 . . .Local (county) courts -courts of the first instance and are vested: .with jurisdiction over less serious criminal cases.

They are vested with jurisdiction: .keeping of the company register. . . forced settlements and liquidation. .District courts courts of the first instance as well. .family disputes.bankruptcy.juvenile criminal cases. . 4 .commercial disputes. excepting maintenance disputes.copyright and intellectual property cases. . . .over criminal and civil cases which exceed the jurisdiction of county courts.execution of criminal sentences.recognition of rulings of a foreign court.

- 5 .determination of appeals against decisions of the local and district courts in their territories - determine disputes of jurisdiction between local and district courts.Higher courts courts of appellate jurisdiction .

in commercial lawsuits. 6 .a court of appellate jurisdiction in criminal and civil cases. in cases of administrative review and in labour and social security disputes. functions as a court of cassation . - the court of the third instance.Supreme Court - the highest appellate court in the state. the grounds of appeal to the Supreme Court (defined as extraordinary legal remedies) are limited to issues of substantive law and to the most severe breaches of procedure.

competent for determination of labour disputes. 7 .Specialised courts Four specialised courts of the first instance . and one of them also for determination of social security disputes. The Administrative Court of the Republic of Slovenia has the status of a higher court.

• on impeachment against the President of the Republic. the Prime Minister and Ministers.… • on constitutional complaints stemming from the violation of human rights. • on the unconstitutionality of the acts and activities of political parties.Constitutional Court • on the conformity of statutes and other regulations with the Constitution. 8 . ratified treaties and with general principles of international law. and • issues an opinion on the conformity of a treaty with the Constitution in the process of ratifying such treaty. • on certain jurisdictional disputes.

TITLES Vrhovni sodnik – Supreme Court Judge Višji sodnik – Higher Court Judge Okrožni sodnik – District Court Judge Okrajni sodnik – Local Court Judge Sodnik za prekrške – Misdemeanours Judge Sodnik svetnik – Senior Judge Predsednik sodišča – President of the Court Other titles in judiciary Generalni državni tožilec – State Prosecutor General Okrožni državni tožilec – District State Prosecutor Višji državni tožilec .Higher State Prosecutor Vrhovni državni tožilec – Supreme State Prosecutor Generalni državni pravobranilec – State Attorney General 9 .

si/evroterm/ Evroterm is a database of terms established in the course of preparing the Slovene version of legal acts of the European Union. 10 .gov.EVROTERM http://www.

They shall be bound by the Constitution and laws.Judiciary in Constitution Article 125 Independence of Judges Judges shall be independent in the performance of the judicial function. 11 .

12 .Judiciary in Constitution Article 129 Permanence of Judicial Office The office of a judge is permanent. The age requirement and other conditions for election are determined by law.

If a judge is suspected of a criminal offence in the performance of judicial office. 13 .Judiciary in Constitution Article 134 Immunity of Judges No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court. he may not be detained nor may criminal proceedings be initiated against him without the consent of the National Assembly.

Court procedures .

default judgement Hearing of the action Defendant may:     admit liability make payment dispute the claim – contests the action make a counterclaim  Judgement 15 .Civil procedure       Parties: claimant & defendant Claim/petition/application – ascertained demand Summons service on the defendant Reply to the claim --.

Civil procedure   Pre-trial review . Final statements. Examination of proofs (interrogation). Proclamation of the judgement  Judgement in default – when the defendant fails to take the appropriate steps Warrant of seizure  Enforcement of Court Judgments  16 . Deliberation.settlement Trial:      Opening statements of claimant and defendant.

Criminal procedure             Parties: prosecutor & defendant (accused. convicted) Burden of proof Commit the offence Arrest – detained in custody In the name of the peoples… Preliminary investigation Indictment: accusation of the crime for which a person is to be tried by the court (charge) – a bill of indictment Trial (oath – false oath/perjury) Deliberation (in secret) Judgement – verdict – sentence warrant Service of the sentence Legal remedies 17 .

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