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Slovenian JudicialSystem
Dr Janja Hojnik
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Organisation of the JudicialSystem
The uniform judicial system of RS:
courts of general and specialised jurisdiction.
There are four levels of the courts of general jurisdiction:
44 local courts,
11 district courts,
4 higher courts and
the Supreme Court
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Local (county) courts
-courts of the first instance and are vested:
- with jurisdiction over less serious criminal
cases;- civil cases concerning claims for damagesor property rights up to a certain value;- all civil cases concerning disturbance ofpossession, tenancy relations etc.;- probate and other non-litigious matters;keeping of land registers; civil enforcement.
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District courts
courts of the first instance as well. They are
vested with jurisdiction:
- over criminal and civil cases which exceed the
jurisdiction of county courts;
- juvenile criminal cases;
- execution of criminal sentences;
- family disputes, excepting maintenance disputes;
- recognition of rulings of a foreign court;
- commercial disputes;
- bankruptcy, forced settlements and liquidation;
- copyright and intellectual property cases;
- keeping of the company register.
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Higher courts
- courts of appellate jurisdiction - determination of
appeals against decisions of the local and district courts
in their territories
- determine disputes of jurisdiction between local anddistrict courts.
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Supreme Court
-the highest appellate court in the state;
- functions as a court of cassation - a court of appellate
jurisdiction in criminal and civil cases, in commercial
lawsuits, in cases of administrative review and in labour and
social security disputes.
- the court of the third instance;
- 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 ofprocedure.
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Specialised courts
Four specialised courts of the first instance - competentfor determination of labour disputes, and one of them
also for determination of social security disputes;
The Administrative Court of the Republic of Sloveniahas the status of a higher court.
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on the conformity of statutes and other
regulations with the Constitution, ratifiedtreaties and with general principles ofinternational law; on constitutional complaints stemming from
the violation of human rights; on certain jurisdictional disputes; on the unconstitutionality of the acts andactivities of political parties; on impeachment against the President of theRepublic, the Prime Minister and Ministers; and issues an opinion on the conformity of atreaty with the Constitution in the process ofratifying such treaty.
Constitutional Court
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TITLES
Vrhovni sodnik Supreme Court JudgeViji sodnik Higher Court Judge
Okroni sodnik District Court JudgeOkrajni sodnik Local Court Judge
Sodnik za prekrke Misdemeanours JudgeSodnik svetnik Senior Judge
Predsednik sodia President of the Court
Other titles in judiciary
Generalni dravni toilec State ProsecutorGeneral
Okroni dravni toilec District State ProsecutorViji dravni toilec - Higher State ProsecutorVrhovni dravni toilec Supreme State
ProsecutorGeneralni dravni pravobranilec State Attorney
General
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EVROTERMhttp://www.gov.si/evroterm/
Evroterm is a database of terms established inthe course of preparing the Slovene version of
legal acts of the European Union.
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Judiciary in Constitution
Article 125
Independence of Judges
Judges shall be independent in the performance
of the judicial function. They shall be bound bythe Constitution and laws.
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Judiciary in Constitution
Article 129Permanence of Judicial Office
The office of a judge is permanent. The age requirement
and other conditions for election are determined by law.
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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.If a judge is suspected of a criminal offence in the
performance of judicial office, he may not be detained
nor may criminal proceedings be initiated against him
without the consent of the National Assembly.
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Court procedures
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Civil procedure
Parties: claimant & defendant
Claim/petition/application ascertained demand
Summons service on the defendant
Reply to the claim --- default judgement
Hearing of the action
Defendant may:
admit liability
make payment
dispute the claim contests the action
make a counterclaim
Judgement
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Civil procedure
Pre-trial review - settlement
Trial:
Opening statements of claimant and defendant;
Examination of proofs (interrogation);
Final statements;
Deliberation;
Proclamation of the judgement Judgement in default when the defendant fails to take
the appropriate steps
Enforcement of Court Judgments Warrant of seizure
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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 isto 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
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