Quality of Democracy
#26Key Findings
With fair and inclusive electoral procedures, Slovenia falls into the lower-middle ranks (rank 26) with respect to democracy quality. Its score on this measure has fallen by 0.7 points relative to its 2014 level.
Political parties receive public and private funding. Laws prohibit donations from private companies or organizations. The media sector is highly politically polarized. Major publications are owned by companies with other business interests. Hungarian companies with ties to Prime Minister Orbán have also entered the sector.
Civil rights are largely respected, but same-sex couples and Roma individuals face discrimination. The prime minister and public authorities have been increasingly hostile to civil society organizations, campaigning against them and seeking to reduce access to public funding.
Legal certainty suffers as a result of contradictory provisions and the use of fast-track legislative procedures. The prime minister has put substantial pressure on the prosecutorial service. Politicians try to influence court decisions, but the Constitutional Court has repeatedly demonstrated its independence. Corruption remains a serious concern.
Political parties receive public and private funding. Laws prohibit donations from private companies or organizations. The media sector is highly politically polarized. Major publications are owned by companies with other business interests. Hungarian companies with ties to Prime Minister Orbán have also entered the sector.
Civil rights are largely respected, but same-sex couples and Roma individuals face discrimination. The prime minister and public authorities have been increasingly hostile to civil society organizations, campaigning against them and seeking to reduce access to public funding.
Legal certainty suffers as a result of contradictory provisions and the use of fast-track legislative procedures. The prime minister has put substantial pressure on the prosecutorial service. Politicians try to influence court decisions, but the Constitutional Court has repeatedly demonstrated its independence. Corruption remains a serious concern.
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How fair are procedures for registering candidates and parties?
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Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
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A few restrictions on election procedures discriminate against a small number of candidates and parties.
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Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
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Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
In Slovenia, the legal provisions for registering candidates and parties provide for a fair registration procedure for both national (parliamentary, presidential), local (mayoral, council) and sub-local (village or city district council) elections. Registration requirements are straightforward and not very demanding. Establishing a party requires only 200 signatures. The registration requirements for national parliamentary elections favor parties represented in parliament. Unlike non-parliamentary parties or non-party lists, they are not required to collect voter signatures. Candidates for the presidency must document support from at least ten members of parliament or 5,000 voters. When they are backed by at least one political party, three members of parliament or 3,000 signatures are sufficient. At local elections, a candidate for mayor and candidate or list of candidates for a municipal council can be proposed either by political parties or by a specified number of voters, which is dependent on the size of a municipality. Candidate lists both for national parliamentary elections and municipal assembly elections must respect a gender quota. On each list of candidates, neither gender should be represented by less than 40% of the total number of candidates on the list. Local elections in November 2018 saw 688 mayoral candidates (only 14.5% of which were female candidates) and 22,314 candidates for municipal councilors (45.7% female candidates), whereas 14 political parties and lists proposed 103 candidates at the elections to the European Parliament at the end of May 2019. Slovenian citizens may compete for a parliamentary seat if they are at least 18 years old and their legal capacity is not constrained.
To what extent do candidates and parties have fair access to the media and other means of communication?
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All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
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Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
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Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
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Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
While both the public and private media tend to focus on the parliamentary political parties, Slovenia’s public-media regulatory system and pluralist media environment ensure that all candidates and parties have access to the media. The public TV and radio stations are legally obliged to set aside some airtime for parties to present their messages and their candidates. Since a third public TV channel (mainly covering parliamentary debates) was established in 2014, airtime for political parties and candidate lists has increased. But neither the regulatory body nor civil society organizations systematically monitor media coverage during a campaign. Since the third Janša government was sworn into office in March 2020, media access has suffered even more from the growing party polarization, as most media outlets showed a bias toward either the governing coalition or opposition parties. The latest research, carried out by Faculty of Media in 2020, showed that most media, including the public RTV service, lean toward the left side of the political spectrum, with one private news-only TV broadcaster (Nova24) leaning heavily toward the right side.
Citations:
Raziskava ministrstva za kulturo: mediji v Sloveniji so pretežno nevtralni, 24ur.com, 1 March 2021, available at
https://www.24ur.com/novice/slovenija/raziskava-medijske-krajine.html.
Citations:
Raziskava ministrstva za kulturo: mediji v Sloveniji so pretežno nevtralni, 24ur.com, 1 March 2021, available at
https://www.24ur.com/novice/slovenija/raziskava-medijske-krajine.html.
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
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All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
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The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
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While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
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The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
The electoral process is largely inclusive at both national and local levels. All adult citizens, including convicted prisoners, can participate in elections and no cases of voting irregularities have occurred in the period under review. Voters that will not be in their place of residence on election day can ask for a special voter’s pass that allows voting at any polling station in the country. While no general postal vote exists, Slovenian citizens who live abroad as well citizens unable to make it to the polling stations for health reasons or because of disabilities can exercise their voting rights by mail. In another attempt at making voting more inclusive, a 2017 amendment to the electoral code called for making all polling stations accessible for persons with disabilities. This amendment was for the first time implemented during the parliamentary elections in June 2018 and led to the closure of some polling stations that were not accessible for persons with disabilities. One Slovenian peculiarity are the special voting rights for the Hungarian and Italian minorities and the Roma population. Members of the Hungarian and Italian minorities can cast an additional vote for a member of parliament representing each minority in the national parliament. In the case of local elections, a similar provision exists for the Roma population in all municipalities with a substantial Roma minority.
Citations:
OSCE/ OHDIR (2018): Republic of Slovenia: Early Parliamentary Elections, 3 June 2018. Final Report. Warsaw (https://www.osce.org/odihr/elections/slovenia/394106?download=true).
Citations:
OSCE/ OHDIR (2018): Republic of Slovenia: Early Parliamentary Elections, 3 June 2018. Final Report. Warsaw (https://www.osce.org/odihr/elections/slovenia/394106?download=true).
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
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The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
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The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
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The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
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The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
According to the Act on Political Parties, parties can be financed by membership fees, donations, estate revenues, the profits of their companies’ revenues and public subsidies. Party financing or donations from abroad are prohibited. If a political party wins at least 1% of all votes in the previous parliamentary elections, it is entitled to financial resources from the national budget: 25% of the total budget amount is divided equally between all eligible parties. The remaining 75% is divided among the parties represented in the National Assembly according to their vote share. In addition, parliamentary party groups can obtain additional support from the national budget for their parliamentarians’ education purposes, and for organizational and administrative support. All political parties must prepare annual reports and submit them to the National Assembly. The reports, which are submitted to the Agency of the Republic of Slovenia for Public Legal Records and Related Services, must disclose aggregate revenues and expenditures, detail any property owned by the party, and list the origins of all donations that exceed the amount of five times Slovenia’s average gross monthly salary (i.e., around €9,360 in September 2021). The legislation puts the annual ceiling for party loans from individuals at ten times the value of the average gross monthly salary (i.e., about €18,720 in September 2021). Parties are also required to submit post-electoral reports to the Court of Audit, which holds official responsibility for monitoring party financing. Following many calls to further increase transparency and strengthen the monitoring and sanctioning of party financing, legislation on the issue was finally amended in January 2014, barring donations from private companies and organizations. During local elections, municipalities autonomously set campaign financing for political parties.
Do citizens have the opportunity to take binding political decisions when they want to do so?
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Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
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Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
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Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
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Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
Slovenia has a strong tradition of direct democracy. Until a constitutional amendment in May 2013, referendums on all issues could be called by parliament, the National Council (a body representing major interest groups) as well as by citizens themselves. As a result, many referendums were called and, in a number of cases, controversial government initiatives were rejected. A May 2013 constitutional amendment, which was adopted by the legislature with an overwhelming majority, kept the relatively low threshold of signatures required for calling a referendum (40,000), but ruled out the calling of referendums by parliament and by the National Council. Moreover, the set of eligible issues was reduced so as to exclude the public budget, taxes, human rights and international agreements, the majority requirements for the validity of referendums were tightened and the period for which parliament is bound to the results of a referendum was reduced. As a result, the number of referendums has fallen. In the period under review, one referendum was held in July 2021. Voters in the referendum overwhelmingly rejected a new act relating to waterside areas, with 86% voting against the act. The referendum revolved around provisions in the new law, which would determine the development of coastal, lakeside and riverside areas. It was initiated by a grassroots movement largely comprising of NGOs, which objected to provisions that they say would lead to too much development, restrict public access to waterside areas and potentially jeopardize groundwater.
Citations:
Voters Strongly Reject Water Development Act in Referendum, Total Slovenia News, STA, 12 July 2021, available at
https://www.total-slovenia-news.com/politics/8585-voters-strongly-reject-water-development-act-in-referendum.
Citations:
Voters Strongly Reject Water Development Act in Referendum, Total Slovenia News, STA, 12 July 2021, available at
https://www.total-slovenia-news.com/politics/8585-voters-strongly-reject-water-development-act-in-referendum.
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To what extent are the media independent from government?
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Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
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The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
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The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
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Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Slovenia’s constitution and legal system guarantee freedom of the press, and the media, for the most part, operate without direct political interference. The laws regulating public television and radio broadcasting reflect the strong corporatist element of Slovenian political culture. The Council of Radio-Television of Slovenia (Radiotelevizija Slovenija, RTVS) has 29 members, who are appointed by the National Assembly, but proposed by a broad variety of political and social actors. (Only five are proposed by political parties). Changes to the rules and procedures in the previous years strengthened the independence of the public media by reducing the scope for discretionary cuts in public funding, and by requiring an absolute rather than relative majority for the election of the director-general of the Council of Radio-Television of Slovenia. An amendment of Article 260 of the Slovenian Criminal Code, which entered into force in October 2015, strengthened media freedom by making it clear that an individual disclosing classified information no longer incurs criminal liability. In the period under review, however, there have been reports of political pressure being placed on public and private journalists covering sensitive political issues by both government and opposition representatives. There was attempt by the government to introduce a public media service reform, but it was never submitted to parliamentary procedure, as there was no support for the reform even among the coalition partners. Media freedom has further suffered in the period under review, as the owners of private media exert their influence. Most private media outlets are owned by companies from economic sectors such as construction and rubbish collection. Reporting often seems to be biased, which helps these owners secure public sector procurement contracts, either with right-wing or left-wing governments. There was a long and exhausting stand-off between the government (represented by UKOM, the government communication office) and Slovenian Press Agency (STA) over the details of the agency’s public service tasks, which was fueled by the prime minister’s rather aggressive comments regarding the media situation on Twitter. This dispute was viewed as an attempt to strengthen the government’s influence over STA, and led to protests from the European Commission and international media advocacy organizations. In November 2021, the directors of UKOM and STA signed a new public service contract and ended the stand-off. During the period under review, both highly polarized political sides tried to create and strengthen their own media system, often via opaque financing and odd business practices. For example, right-wing media have received financial support from Hungary, while left-wing media are connected with private sector oligarchs and sometimes within unknown owners.
Citations:
STA signs deal on public service with UKOM valid until end of the year, STA, 8 November 2021, available at
http://agency.sta.si/2964066/sta-signs-deal-on-public-service-with-ukom-valid-until-end-of-the-year.
Citations:
STA signs deal on public service with UKOM valid until end of the year, STA, 8 November 2021, available at
http://agency.sta.si/2964066/sta-signs-deal-on-public-service-with-ukom-valid-until-end-of-the-year.
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
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Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
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Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
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Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
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Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
Slovenia currently has about 1,400 different media outlets, including more than 80 radio and 50 television broadcasters (both local and cable operators). However, the public-media market share is still substantial, with Radio-Television of Slovenia (Radiotelevizija Slovenija, RTVS) running seven out of 10 national TV and radio channels (for TV: SLO1, SLO2, SLO3; for radio: Program A, Program Ars, Val 202 and Radio Slovenia International).
Recent ownership changes have raised concerns about media pluralism. In the print media, the controversial sale in July 2014 of Večer, a prominent daily newspaper (primarily serving the northeastern part of the country), was followed by the auctioning of Slovenia’s biggest newspaper publisher Delo in June 2015. The new owner, the financial management company FMR, has little to no media experience and is run by Stojan Petrič, a construction businessman who is believed to be politically well connected. As a result of these changes, sales of Delo newspaper dropped to the lowest level so far in 2019 (close to 20,000 issues sold daily). In response, FMR made the seasoned journalist and former editor-in-chief of Siol.net news portal Uroš Urbas editor-in-chief of Delo, replacing Gregor Knafelc who had little journalistic experience. In August 2018, the publishers of Dnevnik and Večer, the second and the third largest daily newspapers in Slovenia, announced a merger, which was approved by the Ministry of Culture and the Competition Protection Agency in late July 2019, but never materialized.
In the electronic media, the U.S. media conglomerate, United Media received the green light from the Ministry of Culture in October 2017 and from Competition Protection Agency in early 2018 to take over Pro Plus, the operator of the largest commercial TV channels in Slovenia, POP TV and Kanal A. But in January 2019, Central European Media Enterprises, the owner of Pro Plus, temporarily withdrew from the sale and remained the owner of the country’s largest private TV network, only to be sold to Czech investment group PPF in late 2020. In June 2020, the state-owned telecommunication company Telekom Slovenije sold its troubled subsidiary Planet TV to the Hungarian free-to-air channel TV2, owned by Jozsef Vida. Vida is associated in the media with the business network of the Hungarian ruling party Fidesz.
Media pluralism has further suffered from the growing involvement of political parties in the media business. In February 2016, the Slovenian Democratic Party (SDS), the main opposition party, which has long complained about an alleged media bias, launched its own private news TV station, Nova24TV. Nova24TV got new owners in early 2017 with three Hungarian companies taking over, reported to be connected to the Hungarian prime minister Viktor Orbán. In September 2017, the SDS also began publishing the new weekly Scandal24. The governing coalition reacted by establishing a parliamentary investigation commission in charge of determining whether the Hungarian investment in the SDS media represents illegal party financing. However, the investigation did not lead to any legal proceedings.
Citations:
EU approves takeover of Pro Plus owner, STA, 9 October 2020, available at https://english.sta.si/2817203/eu-approves-takeover-of-pro-plus-owner.
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410, p. 11
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.update.pdf
Recent ownership changes have raised concerns about media pluralism. In the print media, the controversial sale in July 2014 of Večer, a prominent daily newspaper (primarily serving the northeastern part of the country), was followed by the auctioning of Slovenia’s biggest newspaper publisher Delo in June 2015. The new owner, the financial management company FMR, has little to no media experience and is run by Stojan Petrič, a construction businessman who is believed to be politically well connected. As a result of these changes, sales of Delo newspaper dropped to the lowest level so far in 2019 (close to 20,000 issues sold daily). In response, FMR made the seasoned journalist and former editor-in-chief of Siol.net news portal Uroš Urbas editor-in-chief of Delo, replacing Gregor Knafelc who had little journalistic experience. In August 2018, the publishers of Dnevnik and Večer, the second and the third largest daily newspapers in Slovenia, announced a merger, which was approved by the Ministry of Culture and the Competition Protection Agency in late July 2019, but never materialized.
In the electronic media, the U.S. media conglomerate, United Media received the green light from the Ministry of Culture in October 2017 and from Competition Protection Agency in early 2018 to take over Pro Plus, the operator of the largest commercial TV channels in Slovenia, POP TV and Kanal A. But in January 2019, Central European Media Enterprises, the owner of Pro Plus, temporarily withdrew from the sale and remained the owner of the country’s largest private TV network, only to be sold to Czech investment group PPF in late 2020. In June 2020, the state-owned telecommunication company Telekom Slovenije sold its troubled subsidiary Planet TV to the Hungarian free-to-air channel TV2, owned by Jozsef Vida. Vida is associated in the media with the business network of the Hungarian ruling party Fidesz.
Media pluralism has further suffered from the growing involvement of political parties in the media business. In February 2016, the Slovenian Democratic Party (SDS), the main opposition party, which has long complained about an alleged media bias, launched its own private news TV station, Nova24TV. Nova24TV got new owners in early 2017 with three Hungarian companies taking over, reported to be connected to the Hungarian prime minister Viktor Orbán. In September 2017, the SDS also began publishing the new weekly Scandal24. The governing coalition reacted by establishing a parliamentary investigation commission in charge of determining whether the Hungarian investment in the SDS media represents illegal party financing. However, the investigation did not lead to any legal proceedings.
Citations:
EU approves takeover of Pro Plus owner, STA, 9 October 2020, available at https://english.sta.si/2817203/eu-approves-takeover-of-pro-plus-owner.
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410, p. 11
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.update.pdf
To what extent can citizens obtain official information?
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Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
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Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
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Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
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Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
Slovenian law guarantees free and quite easy access to official information. Restrictions are few and reasonable (covering mostly national security and secret data issues), and there are effective mechanisms of appeal and oversight enabling citizens to access information. When access to official information is obstructed or denied, the Information Commissioner, an autonomous body that supervises both the protection of personal data as well as access to public information, can be called upon and intervene. In a number of cases, the Information Commissioner has helped citizens and journalists enforce their right of access. The new online application “Supervisor,” set up by the Commission for the Prevention of Corruption (CPC) as a means of enhancing transparency in the country, has helped the public and the media access some previously restricted financial information. In July 2016 Supervisor was upgraded and integrated into the new web application Erar, also developed by the CPC. The Ministry of Public Administration has developed a publicly available web-based public procurement portal and online statistical tool. The percentage of citizens using the internet for obtaining information from public authorities in Slovenia is above the European average.
Citations:
European Commission (2020): Digital Government Factsheet 2020: Slovenia. Brussels (https://joinup.ec.europa.eu/sites/default/files/inline-files/Digital_Public_Administration_Factsheets_Slovenia_vFINAL_1.pdf).
Citations:
European Commission (2020): Digital Government Factsheet 2020: Slovenia. Brussels (https://joinup.ec.europa.eu/sites/default/files/inline-files/Digital_Public_Administration_Factsheets_Slovenia_vFINAL_1.pdf).
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To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
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All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
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The state respects and protects rights, with few infringements. Courts provide protection.
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Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
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State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
In Slovenia, civil rights are largely respected. Citizens are effectively protected by courts and by independent institutions like the ombudsman against infringements of their rights. Some problems exist with regard to the integrity of the judiciary. By contrast, the duration of court proceedings, which was very long in the past, has been drastically reduced and the number of unsolved cases dropped from 42,424 cases with a waiting time of over three years in 2016 to only 18,408 cases in 2020, reaching the lowest levels since the 1990s.
Though civil rights are largely protected, there have been attempts by public authorities to undermine civil society. The prime minister has shown an increasingly hostile attitude toward civil society organizations. The government has campaigned against these organizations and sought to restrict their access to public funding, in effect contributing to the shrinking of civil society spaces.
Citations:
Annual Report on Efficacy and Effectiveness of Courts, 2020, available at https://www.sodisce.si/mma_bin.php?static_id=2021050412351310.
Civicus Report 2021: Slovenia: The government has taken advantage of the pandemic to restrict protest. https://www.civicus.org/index.php/media-resources/news/interviews/4931-slovenia-the-government-has-taken-advantage-of-the-pandemic-to-restrict-protest
Though civil rights are largely protected, there have been attempts by public authorities to undermine civil society. The prime minister has shown an increasingly hostile attitude toward civil society organizations. The government has campaigned against these organizations and sought to restrict their access to public funding, in effect contributing to the shrinking of civil society spaces.
Citations:
Annual Report on Efficacy and Effectiveness of Courts, 2020, available at https://www.sodisce.si/mma_bin.php?static_id=2021050412351310.
Civicus Report 2021: Slovenia: The government has taken advantage of the pandemic to restrict protest. https://www.civicus.org/index.php/media-resources/news/interviews/4931-slovenia-the-government-has-taken-advantage-of-the-pandemic-to-restrict-protest
To what extent does the state concede and protect political liberties?
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All state institutions concede and effectively protect political liberties.
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All state institutions for the most part concede and protect political liberties. There are only few infringements.
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State institutions concede political liberties but infringements occur regularly in practice.
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Political liberties are unsatisfactory codified and frequently violated.
In Slovenia, political liberties are constitutionally protected and guaranteed and are respected by government institutions. The rights to assembly and association, for instance, are guaranteed in Article 42 of the Slovenian constitution and can only be restricted in special cases. The fact that Slovenia has more civil society organizations per capita than most other countries testifies to the protection of the freedom of association. A 2018 law on NGOs has further strengthened the legal position of NGOs.
Since his inauguration, Prime Minister Janša has attacked civil society organizations with various restrictive measures and used hostile rhetoric against NGOs. In December 2020, the government took advantage of the coronavirus crisis in an unsuccessful attempt to abolish state funding for non-governmental organizations through its seventh anti-coronavirus stimulus package. Individuals, NGOs and other informal groups critical of the political situation in the country are often subject to disavowing campaigns. Among others, these target NGOs working in various civil society fields, including culture, human rights, environmental protection, non-discrimination and LGBTQ+ rights. The campaigns are often carried out through media and other communication channels close to the SDS.
Citations:
Civil Liberties Union for Europe 2021: EU 2020: Demanding on Democracy. Country & Trend Reports on Democratic
Records by Civil Liberties Organisations Across the European Union. https://dq4n3btxmr8c9.cloudfront.net/files/AuYJXv/Report_Liberties_EU2020.pdf
Since his inauguration, Prime Minister Janša has attacked civil society organizations with various restrictive measures and used hostile rhetoric against NGOs. In December 2020, the government took advantage of the coronavirus crisis in an unsuccessful attempt to abolish state funding for non-governmental organizations through its seventh anti-coronavirus stimulus package. Individuals, NGOs and other informal groups critical of the political situation in the country are often subject to disavowing campaigns. Among others, these target NGOs working in various civil society fields, including culture, human rights, environmental protection, non-discrimination and LGBTQ+ rights. The campaigns are often carried out through media and other communication channels close to the SDS.
Citations:
Civil Liberties Union for Europe 2021: EU 2020: Demanding on Democracy. Country & Trend Reports on Democratic
Records by Civil Liberties Organisations Across the European Union. https://dq4n3btxmr8c9.cloudfront.net/files/AuYJXv/Report_Liberties_EU2020.pdf
How effectively does the state protect against different forms of discrimination?
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State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
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State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
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State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
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1
The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
Slovenian law guarantees equal rights to all citizens and protects against discrimination based on prescribed criteria. There are also various forms of positive discrimination, including a gender quota in electoral law and special voting rights for the officially recognized national minorities as well as for the Roma population. Despite the legal framework, foreign workers and women are still at times paid somewhat less for the same work than Slovenian and male workers, and there have been cases of discrimination against same-sex couples. Amnesty International and others have criticized the government for not doing enough to counter discrimination toward the Roma. Media rights for minorities other than the Hungarian, Italian and Roma are underdeveloped. The annual report of the Human Rights Ombudsman for 2020 addressed several well-known persistent discrimination issues, such as the difficult living conditions of some Roma families, the lack of infrastructure and sanitation in non-regularized Roma settlements, and the fact that the responsibility for resolving Roma settlements issues should not rest exclusively with municipalities.
Citations:
Human Rights Ombudsman (2020): Annual Report for 2019. Ljubljana (https://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP_2020/Letno_porocilo2020_-_pop.pdf).
Citations:
Human Rights Ombudsman (2020): Annual Report for 2019. Ljubljana (https://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP_2020/Letno_porocilo2020_-_pop.pdf).
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To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
10
9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
Legal certainty in Slovenia has suffered from contradictory legal provisions and frequent changes in legislation. The number of newly adopted regulations increased from 1,360 in 1991 to over 20,000, including 840 laws, in December 2020. Many crucial laws are amended on a regular basis, and contradictions in legislation are frequently tested in front of the Constitutional Court. The procedures of rule-making are misused or side-stepped by making heavy use of the fast-track legislation procedure. In the 2018–19 period under the Šarec government, 67% of the 91 adopted legislative acts in the National Assembly were subjected to the fast-track or shortened legislation procedure. In 2020, under the Janša government, 59% of the 78 adopted legislative acts were subjected to the fast-track or shortened legislation procedure, most of those with relation to so-called anti-COVID-19 legislation.
Attacks by the prime minister on the judiciary have been known and documented since March 2020. In March 2021, the Slovenian Association of State Prosecutors told the Council of Europe division for the independence and efficiency of justice that Prime Minister Janša and pro-government media (Nova24TV.si and Demokracija) exert “inadmissible pressure” on prosecutors. The government has been holding up the appointment of state prosecutors, including two European delegated prosecutors. The Slovenian Association of Prosecutors suspects that the selected candidates “fell out of favor with the SDS and its chairman Janez Janša.” That is why the government rejected the Ministry of Justice’s amendment to the law regulating the status of seconded prosecutors.
Citations:
Haček, M. and M. Brezovšek (2021): Thirty Years of Slovenian Statehood: Institutionalisation of Slovenian Democracy. Ljubljana: FSS Publishing House.
National Assembly. (2021). Report on the work of National Assembly for 2020. (https://fotogalerija.dz-rs.si/datoteke/Publikacije/PorocilaDZ/Mandat_2018%E2%80%932022/Porocilo_o_delu_Drzavnega_zbora_v_letu_2020.pdf).
Alenka Krasovec/Damjan Laijh 2021: Slovenia: Tilting the Balance? In: Verheugen, Günter/Vodicka, Karel/Brusis, Martin (Hrsg.): Demokratie im postkommunistischen EU-Raum. Wiesbaden: Springer, p. 166.
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.up date.pdf
Attacks by the prime minister on the judiciary have been known and documented since March 2020. In March 2021, the Slovenian Association of State Prosecutors told the Council of Europe division for the independence and efficiency of justice that Prime Minister Janša and pro-government media (Nova24TV.si and Demokracija) exert “inadmissible pressure” on prosecutors. The government has been holding up the appointment of state prosecutors, including two European delegated prosecutors. The Slovenian Association of Prosecutors suspects that the selected candidates “fell out of favor with the SDS and its chairman Janez Janša.” That is why the government rejected the Ministry of Justice’s amendment to the law regulating the status of seconded prosecutors.
Citations:
Haček, M. and M. Brezovšek (2021): Thirty Years of Slovenian Statehood: Institutionalisation of Slovenian Democracy. Ljubljana: FSS Publishing House.
National Assembly. (2021). Report on the work of National Assembly for 2020. (https://fotogalerija.dz-rs.si/datoteke/Publikacije/PorocilaDZ/Mandat_2018%E2%80%932022/Porocilo_o_delu_Drzavnega_zbora_v_letu_2020.pdf).
Alenka Krasovec/Damjan Laijh 2021: Slovenia: Tilting the Balance? In: Verheugen, Günter/Vodicka, Karel/Brusis, Martin (Hrsg.): Demokratie im postkommunistischen EU-Raum. Wiesbaden: Springer, p. 166.
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.up date.pdf
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
While politicians try to influence court decisions and often publicly comment on the performance of particular courts and justices, Slovenian courts act largely independently. The Cerar government preserved the independence of the Prosecutor’s Office and strengthened the independence of the judiciary by expanding its funding. The Constitutional Court has repeatedly demonstrated its independence by annulling controversial decisions by the governing coalition, for instance, on the limitation of the right to assembly and protest, and the right to free movement during the COVID-19 epidemic. However, the lower courts have sometimes been criticized for letting influential people off the hook.
In January 2020, parliament passed a law amending the Classified Information Act, which restricts access rights for deputy ombudsmen. They can no longer fulfill their obligations without restrictions. At the same time, the Union for Civil Liberties reports that prosecutors and courts frequently withhold information contrary to the provisions of the Access to Public Information Act.
Citations:
ENNHRI, The rule of law in the European Union Reports from National Human Rights Institutions, p. 203
http://ennhri.org/wp-content/uploads/2020/06/The-rule-of-law-in-the-European-Union-Reports-from-NHRIs_11-May-
2020.pdf
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.up date.pdf
Civil Liberties Union for Europe 2021: EU 2020: Demanding on Democracy. Country & Trend Reports on Democratic
Records by Civil Liberties Organisations Across the European Union. https://dq4n3btxmr8c9.cloudfront.net/files/AuYJXv/Report_Liberties_EU2020.pdf
In January 2020, parliament passed a law amending the Classified Information Act, which restricts access rights for deputy ombudsmen. They can no longer fulfill their obligations without restrictions. At the same time, the Union for Civil Liberties reports that prosecutors and courts frequently withhold information contrary to the provisions of the Access to Public Information Act.
Citations:
ENNHRI, The rule of law in the European Union Reports from National Human Rights Institutions, p. 203
http://ennhri.org/wp-content/uploads/2020/06/The-rule-of-law-in-the-European-Union-Reports-from-NHRIs_11-May-
2020.pdf
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.up date.pdf
Civil Liberties Union for Europe 2021: EU 2020: Demanding on Democracy. Country & Trend Reports on Democratic
Records by Civil Liberties Organisations Across the European Union. https://dq4n3btxmr8c9.cloudfront.net/files/AuYJXv/Report_Liberties_EU2020.pdf
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
In Slovenia, both Supreme and Constitutional Court justices are appointed in a cooperative selection process. The Slovenian Constitutional Court is composed of nine justices who are proposed by the president of the republic and approved by the parliament by absolute majority. The justices are appointed for a term of nine years and select the president of the Constitutional Court themselves. Supreme Court justices are appointed by parliament by a relative majority of votes based on proposals put forward by the Judicial Council, a body of 11 justices or other legal experts partly appointed by parliament and partly elected by the justices themselves. The Ministry of Justice can only propose candidates for the president of the Supreme Court. Candidates for both courts must meet stringent merit criteria and show a long and successful career in the judiciary to be eligible for appointment. In December 2020, a new Supreme Court justice was appointed on the second attempt, as there was no political majority in support of the first attempt in July 2020, as the candidate was coming from academia with no previous experiences in the courts. In November 2021, a new Constitutional Court justice was finally appointed by the National Assembly on the fourth attempt, as the first three candidates narrowly failed to secure the required parliamentary support.
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Corruption has been publicly perceived as one of the most serious problems in Slovenia since 2011. While the Commission for the Prevention of Corruption (CPC), the central anti-corruption body, managed to upgrade its Supervisor web platform and launch its successor Erar in July 2016, it has remained under fire for its lack of determination and professionalism, especially after the resignation of Alma Sedlar, one of the three-strong CPC leadership in September 2017, which was eventually replaced by Uroš Novak in March 2018. However, Novak resigned in July 2021 and was replaced by David Lapornik in October 2021. Allegations of corruption have featured prominently in debates about foreign investments (banks, Magna), construction of public infrastructure (railways, highways) and over-payments in the healthcare system. The most recent case involves the purchasing of COVID-19 protection equipment during the first COVID-19 wave in spring 2020, which is being investigated by two parliamentary investigation commissions, the police and the Public Prosecutor’s Office. The parliament finally managed to adopt an ethical code for members of parliament in June 2020. But the inability of the prosecution to present strong cases, which would enable courts to convict several major political players (e.g., Zoran Janković, mayor of Ljubljana), have raised further doubts about the political elite’s commitment to fighting corruption.
In May 2020, the government and general director of the police replaced the heads of several independent bodies, including the director of the Specialized Anti-corruption Police Department, the director of the Statistical Office (SURS) and the Director of the Financial Intelligence Unit, for the first time without stating a cause. The dismissal of the director of the National Bureau of Investigation was subsequently annulled by the Administrative Court.
On 19 March 2021, the OECD issued a report stating, “Slovenia’s lack of enforcement of foreign bribery remains a serious concern as allegations of political interference in criminal investigations and prosecutions escalate.” Whistleblowers are only partly protected by law and face the threat of losing their job, at least in the procurement of personal protective equipment case involving Economy Minister Zdravko Počivalše.
A survey commissioned by the Greens in the European Parliament suggests that systemic corruption costs Slovenia €3.5 billion each year, 8.5% of GDP.
Citations:
The Greens/EFA in the European Parliament (2018): The Costs of Corruption Across the European Union. Brussels (https://www.greens-efa.eu/en/article/document/the-costs-of-corruption-across-the-european-union/).
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.up date.pdf
OECD Anti-Bribery Convention 2021: Slovenia’s lack of enforcement of foreign bribery remains a serious concern as allegations of political interference in criminal investigations and prosecutions escalate. https://www.oecd.org/daf/anti-bribery/slovenias-lack-of-enforcement-of-foreign-bribery-remains-a-serious-concern.htm
OECD Anti-Bribery Convention 2021: Implementing the OECD Anti-Bribery Convention Phase 4 Report: Slovenia https://www.oecd.org/daf/anti-bribery/slovenia-phase-4-report-en.pdf
In May 2020, the government and general director of the police replaced the heads of several independent bodies, including the director of the Specialized Anti-corruption Police Department, the director of the Statistical Office (SURS) and the Director of the Financial Intelligence Unit, for the first time without stating a cause. The dismissal of the director of the National Bureau of Investigation was subsequently annulled by the Administrative Court.
On 19 March 2021, the OECD issued a report stating, “Slovenia’s lack of enforcement of foreign bribery remains a serious concern as allegations of political interference in criminal investigations and prosecutions escalate.” Whistleblowers are only partly protected by law and face the threat of losing their job, at least in the procurement of personal protective equipment case involving Economy Minister Zdravko Počivalše.
A survey commissioned by the Greens in the European Parliament suggests that systemic corruption costs Slovenia €3.5 billion each year, 8.5% of GDP.
Citations:
The Greens/EFA in the European Parliament (2018): The Costs of Corruption Across the European Union. Brussels (https://www.greens-efa.eu/en/article/document/the-costs-of-corruption-across-the-european-union/).
Ottavio Marzocchi 2021: The situation of Democracy, the Rule of Law andFundamental Rights in Slovenia. Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 690.410
https://www.europarl.europa.eu/cmsdata/231906/SLOVENIA%20IDA%20DRFMG.up date.pdf
OECD Anti-Bribery Convention 2021: Slovenia’s lack of enforcement of foreign bribery remains a serious concern as allegations of political interference in criminal investigations and prosecutions escalate. https://www.oecd.org/daf/anti-bribery/slovenias-lack-of-enforcement-of-foreign-bribery-remains-a-serious-concern.htm
OECD Anti-Bribery Convention 2021: Implementing the OECD Anti-Bribery Convention Phase 4 Report: Slovenia https://www.oecd.org/daf/anti-bribery/slovenia-phase-4-report-en.pdf