To find more national information about access to justice in environmental matters, please click on one of the links below:
1. Access to justice at Member State level
3. Other relevant rules on appeals, remedies and access to justice in environmental matters
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
The protection of a healthy environment is a constitutional right, although not in the chapter of human rights, but nevertheless recognised as such. The legislative body is the National Assembly of the Republic of Slovenia, which consists of the elected deputies. The National Council of the Republic of Slovenia (as the lower chamber of the Slovenian Parliament) consists of members who represent local and functional interests. The executive power is exercised through the Government – the president and ministers are elected by the National Assembly. There are 16 ministries. For the environment, the Ministry of the Environment and Spatial Planning and its bodies are competent (bodies under the ministry: the Slovenian Environment Agency[1], the Inspectorate for the Environment and Spatial Planning, the Surveying and Mapping Authority, the Slovenian Nuclear Safety Administration, the Slovenian Water Agency). For nature conservation, there is the Institute of the Republic of Slovenia for Nature Conservation. The Government can adopt decrees and ordinances; the ministers can adopt rulings as binding general legal acts. On the local level, there are 212 local communities (main bodies are the mayor and the community council). There is no regional level organised in Slovenia. Legislation is presented in a legal information system[2].
As a party to the Aarhus convention, Slovenia granted the right to protect the right to a healthy environment to the ombudsman, to affected natural and legal persons, and to NGOs working in the public interest in certain areas (environmental protection, nature conservation, spatial planning). The conditions under which these individuals or organisations have legal standing are defined in environmental legislation. Apart from the subjects mentioned above, anyone can pursue their rights at the Constitutional Court, provided they can demonstrate legal interest.
The Constitution of the Republic of Slovenia[3] declares that everyone has the right to a healthy living environment in accordance with the law and that the state shall promote a healthy living environment (Article 72). Also, everyone has the right to safe drinking water (Article 70a). The manner in which property is acquired and enjoyed shall be established by law so as to ensure its economic, social, and environmental function (Article 67). Ratified and published treaties shall be applied directly (Article 8) and Slovenia is a party to the Aarhus convention.
Environmental legislation is extensive and frequently changing. Through strategic environmental assessments (SEAs) and environmental impact assessments (EIAs), it is connected with spatial planning and construction permission regulation. All legislation is presented in the legal informational system of the Republic of Slovenia. There is also some legislation translated into English, but mostly it is not fully accurate. Access to justice is defined in the Environmental Protection Act, the Nature Conservation act, the Spatial Planning Act and the Building Act.
The Environmental Protection Act[4] is a basic act for the overall protection of the environment in Slovenia. It regulates horizontal common instruments and principles such as: the basic principles of environmental protection, environmental protection measures, strategic documents for environmental protection, strategic environmental assessment (according to the SEA Directive), environmental impact assessment and environmental consent (according to the EIA Directive), environmental permits (according to the IED), environmental monitoring and environmental information collection, emission trading, liability for environmental damage (according to the ELD), competent bodies in the areas of environmental protection, NGOs and their role in procedures and inspection. Access to justice is defined as a general right to exercise the constitutional right to a healthy environment (Article 14 – right to act against polluters) and as a right for a defined circle of affected persons and NGOs with the status of “public interest – environmental protection” (complaint against negative EIA screening decision, party in EIA procedure, IED procedure and environmental liability procedure).
The Government of the Republic of Slovenia determines the thresholds for emissions and most of the executive regulation for administering the areas listed above with decrees.
According to the Environmental Protection Act, the National Programme for Environmental Protection is the national programme constituting the framework for environmental protection in Slovenia and is adopted by the National Assembly[5] for a certain period (it also includes the Nature Conservation Plan as per the Nature Conservation Act and the National Water Plan as per the Waters Act).
The Nature Conservation Act[6] transposed the Convention on Biological Diversity into Slovenian legislation. It establishes biodiversity conservation measures (protection of wild plant and animal species, including their genetic material, their habitats and ecosystems) and the system for the protection of valuable natural features in order to contribute to nature conservation. It regulates:
The Waters Act[8] lays down basic water regulations (it also transposes the Water Framework Directive). It emphasises that water is a public good. The Act introduces the institute of ‘right on water’ (obtaining permission for special use of water, for example, fish farms, irrigation and hydroelectric power plants) and water consent (as a permit for intervention in the area of a certain water by influencing the water regime). In order to protect drinking water, protected water areas are defined, in which the disposal of waste, the use of fertilisers and other actions are prohibited. Water management is defined in more detail by the specific water management plans. The Water Act also defines the basic principles of water management. The highest strategic national water management plan is a national programme (adopted by the National Assembly for a maximum of 12 years). The water management plans include the implementing action plans. There are no special provisions for legal standing for NGOs or individuals in the administrative procedures related to water, therefore the general rules for legal standing in administrative procedure apply.
There are other important acts related to environmental protection, among them: the Act on Forests[9]; the Game and Hunting Act[10], the Animal Protection Act[11], the Underground Cave Protection Act[12], the Mining Act[13], the Ionising Radiation Protection and Nuclear Safety Act[14], the Triglav National Park Act[15], the Management of Genetically Modified Organisms Act[16], the Chemicals Act[17]; and others which fall under the competence of different ministries.
Where spatial planning and construction permission has an impact on the environment, the strategic environmental assessment and environmental impact assessment are carried out within the procedure of spatial planning or construction permission. The Spatial Planning Act[18] provides access to justice regarding spatial plans, and the Building Act[19] does so in the part where the environmental impact assessment is integrated into the building permits procedure.
The Supreme Court has no special or particular role in environmental matters. It acts as a second-instance court of the Administrative Court, if the complaint is allowed, and for revision in cases of extraordinary appeal. It also decides on jurisdiction matters between the Administrative Court and the courts of general jurisprudence.
The core of case law (on the initiative of the NGOs) is generated by environmental impact assessments (the EIA Directive), appropriate assessments (the Habitats Directive), environmental permits (the IED), environmental liability (the ELD), water permits, nature conservation permits and spatial planning at the Administrative Court.[20] Several cases were initiated not only because of opposition to the content of the administrative decision, but also because of recognition of standing in the administrative procedure for NGOs that was not recognised or rejected. At regular court there are civil claims for compensation and for termination of harmful practices or emissions[21]. There are also many cases concerning review of the constitutionality and legality of regulations and general acts, constitutional complaints for violation of human rights with individual acts.[22]
According to Article 8 of the Constitution, ratified agreements shall be applied directly, therefore you can also directly rely on international environmental agreements, especially in matters where they are not correctly transposed or transposed at all into national law (besides the national end EU transposing regulation). It is also important that you rely on international agreements in the administrative procedure in order to build up the case for a potential procedure before the Administrative Court, and later the Constitutional Court in the potential case of human rights violation.
Generally, there are three levels in the Slovenian court system: 44 local and 11 district courts on the first level, 4 higher courts on the second, and the Supreme Court as the third instance. There are also specialised courts: the Labour and Social Court and the Administrative Court. The vast majority of environmental cases are dealt with by the Administrative Court, which has status equal to the second level courts. The rest of the cases are dealt with by the courts of general jurisdiction (on the first level by local or district courts). In the event that appeal against the Administrative Court’s decision is allowed, the second instance is the Supreme Court.
The Constitutional Court is the highest judicial authority for the protection of constitutionality, legality, human rights and fundamental freedoms.
Also, there is a State Prosecutor General as part of the general justice system and as an independent state authority.
The Courts Act[23] defines the jurisdiction of local, district, high courts and the Supreme Court. The Administrative Dispute Act[24] defines jurisdiction of the Administrative Courts, and the Labour and Social Courts Act[25] defines jurisdiction of the Labour and Social Courts. The Administrative Court is competent for judicial protection of the rights and legal interests of individuals and organisations in decisions and actions of state authorities, local community authorities and bearers of public authority - administrative decisions and (legality) of individual acts and actions with which authorities have encroached on the human rights and fundamental freedoms of an individual, unless a different form of judicial protection has been guaranteed (Articles 1 and 4). The core procedural act is the Civil Procedures Act.[26] It sets out the rules for resolving conflicts or uncertainties regarding jurisdiction. The addressed court assesses its jurisdiction according to the statements in the suit and its own findings. If it establishes that another body (like arbitration) is competent for the case, or that the case is not of Slovenian court jurisdiction, it dismisses the suit. If it establishes that the case falls within another court’s jurisdiction, it stops the procedure and sends the case to the other court. The high court has jurisdiction for resolving disputes about jurisdiction among (regular) courts, and the Supreme Court resolves disputes about jurisdiction among lower courts.
There is also the Arbitration Act,[27] which defines sets out rules on arbitration in Slovenia. The district court in Ljubljana has jurisdiction in relation to some concerns regarding the arbitration agreement: admissibility of the arbitral proceedings, the appointment or exclusion of an arbitrator, the award for the arbiter, the declaration of enforceability of domestic and recognition of foreign arbitral awards. The appeal against the court decision can be lodged with the Supreme Court. But the subject of arbitration agreement can only be pecuniary claims, and other claims only if the parties can agree on them.
There are no specialised courts for environmental disputes. Most environmental cases are processed by the Administrative Court, since there are a lot disputes regarding decisions of state institutions in administrative procedures. There are some specialised judges for environmental and spatial planning cases, but not as a separate organisational unit. There are no laypersons contributing; the process is led by the senate of three judges or one judge.
A minority of environmental disputes are processed before regular (local or district) courts – these are civil suits against polluters. There are no specialised judges for the legal area of the environment.
The Administrative Court is not bound by the legal grounds of the request of the plaintiff, but to the factual claims set out in the lawsuit. Each party proposes evidence for their requests, but the court decides which evidence will be used. The Administrative Court is not bound by the proposals of the parties and may hear any evidence which could contribute to resolution of the case.
If the court grants the claim of the plaintiff, it can decide to:
Administrative bodies, defined by the State Administration Act[28], are: ministries, bodies/institutions within the ministry and administration units. For environmental protection, nature conservation and spatial planning, the following institutions are relevant:
The first level of administrative decision-making can be undertaken by all the institutions above, depending on the type of permit/consent. Usually or most commonly, the first level is covered by administrative units or bodies within the Ministry of the Environment and Spatial Planning, and the second level (appellate instance) is the ministry itself.
Against the final decision at administrative level, a suit can be filed with the Administrative Court in accordance with the Administrative Dispute Act[30]. The suit can be filed by the plaintiff, and representation by attorney is not a necessary condition. The court fee should be paid (148 EUR), and is returned to the plaintiff if they are successful. There is a possibility for the court to decide without a hearing. The average time for a decision is approximately one year.
The administrative body (a state institution) as a defendant is represented by the State Attorney’s Office.
The procedural rules are set out in the Administrative Dispute Act and in the Contentious Civil Procedures Act.
There is no special environmental court.
In administrative procedures, except where the Ministry of the Environment and Spatial Planning decides as first-instance body, complaint is possible (within 15 days) unless it is specifically excluded (for example, in environmental liability proceedings). The Ministry carries out the second-instance administrative procedure regarding the complaint and issue the decision. The administrative procedure is regulated by the General Administrative Procedure Act[31]. Where complaint is not possible, administrative dispute at the Administrative Court is allowed.
Against the final decision (judgment) of the Administrative Court, appeal to the Supreme Court is possible. According to the Administrative Dispute Act, this is the case only where the court establishes different facts than the administrative body (defendant) and changes the administrative decision on this ground on its own motion, or finds out that the decision or action of the administrative body is illegal. In the judgment, the Administrative Court defines if appeal is allowed. Against a decision about temporary injunction, appeal against the decision to the Supreme Court is possible.
Revision, as extraordinary appeal to the Supreme Court, is possible if the Supreme Court allows it. The Supreme Court decides about the proposal of the interested party; the proposal should be filed within 15 days after receiving the judgment. The Supreme Court allows the revision if the decision about important legal question is expected. If the revision is allowed, it can be filed only because of violation of the procedural rules, or if the application of law is wrong. The revision appeal is allowed only with the representation of an attorney.
Mediation between parties is always possible on a voluntary basis[32], but it is not used often for environmental cases. In civil disputes, the regular courts offer mediation as part of the court procedure (Act on Alternative Dispute Resolution in Judicial Matters[33]).
The parties could also agree on an arbitration agreement, if the matter concerns a pecuniary or other claim on which the parties can settle. This can be the case only in civil suits regarding compensation claims against polluters. It is not used in practice.
The Ombudsman has a strong role to play in protecting the constitutional right to a healthy environment.[34] According to the Human Rights Ombudsman Act[35], the Ombudsman acts on the basis of individual initiatives if the state or a local body violates human rights. If the administrative or court procedure is already addressing the matter, the Ombudsman does not intervene unless there is a substantial delay in proceedings or there are signs of obvious abuse of power. The Ombudsman can accept or reject the initiative. If it accepts it, then it begins the inquiry. After receiving the explanation of the competent body, it prepares a report where it expresses an opinion about the violation of human rights and proposes what action should be taken to stop the violation.
There is no general rule for all cases. There is a status of working in the public interest for NGOs, regulated by the Non-Governmental Organisations Act[36] - this means that the state acknowledges that some NGOs are operating not only in their own interest or in the interest of their members but for common welfare. This is recognised in different areas if NGOs fulfil certain conditions and can present accomplishments defined by the rules of different sectors (culture, sports, environment, etc). The NGO has to apply for the status at the competent ministry and the ministry issues an administrative decision. The NGO has to fulfil the conditions for the status at all times and has to report to the ministry every two years. Sectoral rules/conditions for environmental NGOs are set out in:
Natural and legal persons have:
There is a general rule in the General Administrative Procedure Act concerning who has the right to be a party in an administrative procedure – those who demonstrate their legal interest (the person should claim to be joining the procedure in order to protect their legal benefits; these shall be direct personal benefits based on an Act or other regulation). In addition to that general rule, there are some specific rules in lex specialis:
- The Nature Conservation Act – defines the conditions for NGOs to hold the status of “public interest – nature conservation”, and the right of such NGOs to represent nature conservation interests (be a party and use legal remedies) in all administrative procedures and in all administrative disputes in the way determined by the law. Legal remedies involve the administration appeal to a second-instance authority and/or filing a suit with the Administrative Court (administrative dispute).
- The Building Act regulates integral building permission procedure (joint building permission and environmental impact assessment – environmental consent) and defines the parties in this procedure. Civil initiatives (groups of 200 inhabitants of the affected local community) are also included in the defined circle of affected persons and NGOs with the status of “public interest – nature conservation / environmental protection”. All have the right to participate in the administrative procedure (be a party and use legal remedies – filing a suit with the Administrative Court).
- The Spatial Planning Act: against the spatial plan, legal remedy is possible (a suit with the Administrative Court) for a defined circle of persons and NGOs with the status of “public interest – environmental protection / nature conservation / spatial planning / cultural heritage conservation”. They can use the legal remedy provided they actively participated in the public discussions in previous stages of the procedure. The State Attorney’s Office has the same right for protection of the public interest. There are limited aspects of the plan that can be challenged.
The Constitutional Court has the general rule[44] that anyone who demonstrates legal interest may lodge a petition that the procedure for the review of the constitutionality or legality of regulations or general acts issued for the exercise of public authority be initiated. Legal interest is deemed to be demonstrated if a regulation or general act is issued for the exercise of public authority and its review has been requested by the petitioner for reasons of its direct interference with their rights, legal interests or legal position. Constitutional complaint against the violation of human rights by an individual act can be filed after all other legal remedies have been exhausted.
Administrative procedure:
The general rule for all administrative procedures applies for all persons – whether individual or NGOs. This rule is applicable unless a particular Act (e.g. the Nature Conservation Act or the Environmental Protection Act) defines other specific rules. The right to be a party in an administrative procedure is available to those who demonstrate their legal interest (the person should claim to be joining the procedure in order to protect their legal benefits; these benefits shall be direct personal benefits based on an Act or other regulation). The procedure usually goes further at the level of judicial review (administrative dispute at the Administrative Court) at the initiative of the party in the administrative procedure. Specific rules are defined in:
- The Nature Conservation Act – NGOs with the status of “public interest – nature conservation” have the right to represent nature conservation interests (be a party and use the legal remedy) in any administrative procedure and in administrative disputes in the way determined by the law.
- The Environmental Protection Act defines different rights for individuals and NGOs with the status of “public interest – environmental protection”:
- The Building Act regulates integral building permission procedure[47] (combined building permit and environmental impact assessment – environmental consent). Parties in the procedure can be (Article 36, 38, 50, 54) persons who can be a party in the regular building permission procedure, persons who permanently reside, or are owners or other possessors of real estate, in the impact area, other persons claiming that building and its environmental burdens would have an impact on their rights and benefits, NGOs with the status of “public interest - environmental protection / nature conservation”, civil initiative (200 signatures of residents in the local community or a neighbouring community). They can be party if they apply after they are invited by the administrative body (namely the Ministry of the Environment and Spatial Planning) or in the procedure according to the Environmental Protection Act if they apply (with their reasons for objection) in the procedure within 35 days after publishing of public consultation documents. NGOs with the status of “public interest – environmental protection / nature conservation” also have the right to legal remedy (suit with the Administrative court) if they were not a party to the procedure within 30 days after publishing on the online platform e-administration (Article 58);
- Spatial Planning Act (Article 58): against the spatial plan, legal remedy is possible (a suit with the Administrative Court within 3 months after enforcement) for persons if the plan determines ground for his rights and in this part significant consequences; NGOs with the status of “public interest – environmental protection / nature conservation / spatial planning / cultural heritage conservation” can participate if they actively participated in the public discussion in the previous stages of the procedure and the State Attorney’s Office has the same right for protection of the public interest. There are limited aspects of the plan that can be challenged: land use, conditions for spatial interventions and choice of the best option.
There are no rules for foreign NGOs.
The general rules are set out in the Civil Procedure Act; the procedure at the court takes place in Slovene or a language that is used at the court (for Italian and Hungarian minorities). Parties or other participants can use their own language according to the Act – they can ask for a translator for the hearings and for a translation of the documents used at the hearings. The translators are official translators as per the Court Experts, Certified Appraisers and Court Interpreters Act[48]. All other documents should be in Slovene or another official language of the court. The costs for the translator are part of the costs of the procedure (the burden of the party who caused the cost).
Overview on specific rules in administrative environmental matters, control of judge, calling for an expert in the procedure
In administrative procedures, according to the principal of substantive rule the administrative authority is obliged to determine the true facts and all relevant facts so that a lawful and correct decision can be established. It can order the presentation (ex officio) of any evidence if it concludes that this is necessary to clarify the case.
Each party proposes the evidence for their requests, but the court decides which evidence will be used. The Administrative Court is not bound by the proposals of the parties and may hear any evidence which could contribute to resolution of the case.
The parties can propose evidence up to the end of the first hearing, except where the party can reasonably justify not presenting it sooner.
In the procedure, experts can be nominated by the court at the proposal of the party. The court shall take evidence from an expert if it is necessary to establish or clarify a fact with expertise (knowledge) which the court does not have at its disposal – the proposal of certain experts is consulted on with the parties. Before the expert begins work, the costs shall be covered in advance – otherwise the court stops the procedure. Usually the expert opinion should be presented as evidence with the filing of a suit or in response to it. In such cases, the expert represents a cost for the party presenting the expert opinion (you can find an expert on the free market) and hiring an expert does not mean that another expert will not be nominated later in the procedure. The court decides which evidence should be used. It can call upon another expert if the parties present substantiated arguments for doing so, and the cost burden lies with the party who proposes or insists on this. Actually, if expertise is presented by a party, it is evaluated according to the principle of free evaluation of the evidence: it can be accepted by the court, but the court may also consider it to be a mere claim by the party and nominate another expert. The main rule is that experts are to be nominated by the sitting court. The court experts are regulated by the Court Experts, Certified Appraisers and Court Interpreters Act. They are listed in a special register for court experts (area of ecology – there are 8 experts). The court is not bound only to court experts; it can also nominate expert institutions or other experts.
3.1) Is the expert opinion binding on judges, is there a level of discretion?
In evaluating expertise, the judge assesses which facts are considered to be proven on the basis of evaluation of each piece of evidence individually and combined. Since the basic reason for nominating the court expert is that the court does not have the knowledge necessary for establishing all relevant facts in the matter, the discretion is actually limited, as the court will not have the knowledge necessary to differ from it. However, if the court is not persuaded by the expertise (and is capable of explaining this), there is no obligation to follow it. The parties in the dispute comment on the expertise, and if the arguments are relevant they can also propose another expert. The other expert can be approved by the judge, but the rules are restrictive – it is possible only if the expertise is unclear, incomplete, internally contradictory or in contradiction of other facts and this cannot be eliminated by an additional hearing of the expert.
3.2) Rules for experts being called upon by the court
The court can nominate an expert if the parties in the dispute propose it, or to establish or clarify a fact with expertise (knowledge) which the court does not have at its disposal – but if the costs are not covered in advance by the plaintiff or the party that proposed this evidence, it stops the procedure. If expertise is presented by a party, it is evaluated according to the principle of free evaluation of the evidence: it can be accepted by the court, but the court may also consider it to be a mere claim by the party and nominate another expert.
3.3) Rules for experts called upon by the parties
The nominated court expert is obliged to respond to the invitation of the court, but they can be excused of duty if there are circumstances: concerning what the client (party) has entrusted to them as their attorney or confesses to them as a religious confessor, or concerning the facts that they have learned as their lawyer or doctor or in the exercise of any other profession or activity where there is a duty to maintain secrecy or on the grounds of other excusable arguments. They can also be excluded for the same reasons as are valid for exclusion of the judge from the case. The expert is nominated by court order. The judge decides whether the expert is only invited to the hearing or if he must prepare a written expert opinion (in practice, the judges decide for both). The procedure does not provide for separate complaint against the decision about the expert.
If the expert declines to perform the work or does not come to the court without a substantial excuse, the judge can impose on them a penalty of 1,300.00 EUR and costs for delaying the procedure.
3.4) What are the procedural fees to be paid and when in relation to expert opinions and expert witnessing?
The estimated expert’s fee should be paid in advance by the party which proposed the evidence of the expert, or by the plaintiff if it is proposed by the court. The payment is ordered by court order. If the fee is not paid, the expert evidence is not included. There are no standard expert fees. They are determined by the rules on court experts, certified appraisers and court interpreters[49] - the work is divided into different phases and each phase of the work is then divided up in accordance with the level of complexity. The amounts are then determined using different categories for each phase: pages or hours. For instance, taking into consideration all phases of the procedure, the cost for the simplest expertise would be around 550 EUR and for the most complex around 2,000 EUR. But the upper limit is not fixed, and there are also fees for additional pages and hours.
Lawyers are regulated by the Attorneys Act[50] and are part of the general justice system’s independent service. They are organised by the Bar Association, which also holds the register of all attorneys (they can be selected by areas of “specialisation”, but “environment protection” is not included – civil or administrative areas should be selected). In the environmental area, the attorney is compulsory only in extraordinary legal remedies in court procedures. Otherwise, the parties can represent themselves in court procedures (at the regular courts and the Administrative Court). If they do not represent themselves but choose another person to represent them, this latter person should be an attorney or a person who has passed the bar exam. Revision as extraordinary legal remedy at the Supreme Court can only be filed for by an attorney.
The representative of the public interest in an administrative dispute is the State Attorney General.
1.1. Existence or not of pro bono assistance
There is the possibility of free legal aid assistance under the Legal Aid Act[51] for NGOs with public-interest status in disputes regarding the pursuit of activities in the public interest for which they were established. For individuals, the condition for free legal aid is low incomes of the member of the family. Another condition is that the case is not clearly unreasonable and/or that the applicant in the case is likely to succeed, such that it is reasonable to initiate the proceedings. The free legal aid can cover the costs of the attorney for legal counselling and representation in court procedures, as well as other costs of procedure (Art. 26/5). The attorney can also provide pro bono legal aid: every year the Bar Chamber organises a pro bono day in December. The attorney decides voluntarily to participate on this day or to provide pro bono aid otherwise. The Code of Professional Ethics for Lawyers of the Bar Association of Slovenia imposes a (moral) duty on a lawyer to provide legal assistance to clients. The client's inability to adequately pay for a lawyer's work is not a reason to refuse legal aid in an emergency. Representing and defending the socially disadvantaged is an honourable task of lawyers in the practice of the legal profession. This task should be performed by a lawyer with special understanding. We should say that some pro bono work has been done for NGOs in environmental matters, but it is not usual. Since 2018, free legal advice has also been available to all from the Green Counsel, provided by an NGO[52].
1.2 If pro bono assistance does exist, what are the main elements of the procedure to receive it (perhaps links to forms, court or agency in charge, address, telephone, email, ways to contact, etc.)?
The free legal aid can be approved on the basis of application in administrative procedures. Against the decision, the applicant can file a suit with the Administrative Court. All information about free legal aid, the procedure and application is available on the general webpages of the courts[53]. Other pro bono assistance has no formality; it is a personal decision of the individual attorney.
1.3 Who should be addressed by the applicant for pro bono assistance?
The free legal aid is approved by the district court which has jurisdiction for the dispute. It considers the seat of the NGO and the place of residence of individuals. The administrative dispute is decided by the Administrative Court. The court has a special service for free legal aid. Pro bono assistance is a matter for arrangement with the attorney.
There is a Bar Association, which has a register of attorneys, but there is no list with specialisation for environmental law listed. Regarding experts, there is no list of such experts, but we can use:
There is no list of NGOs active in the field, only a register of NGOs with public-interest status in the state business register AJPES (Legal Entity Identifier)[54]. Regarding participants for procedures in the areas of environmental protection, nature conservation and spatial planning, there are relevant NGOs with public-interest status in the areas of environmental protection, nature conservation, spatial planning and cultural heritage protection. The tables below present the NGOs with public-interest status in areas of environmental protection, nature conservation and spatial planning, presented by name. NGOs with public-interest status in the area of cultural heritage protection are less relevant for environmental protection, though they can have limited access to court procedures against a final spatial planning decision (advocating only cultural heritage interests).[55]
Table 1 List of NGOs with the status of “public interest – environmental protection” (on 12.3.2020)
Table 2 List of NGOs with the status of “public interest – nature conservation” (as of 12.3.2020)
Table 3 List of NGOs with the status of “public interest – spatial planning” (as of 12.3.2020)
Some NGOs are also members of other international networks such as the European Environmental Bureau, Climate Action Europe, Friends of the Earth, Justice and Environment.
15 days, according to the General Administrative Procedure Act.
According to the General Administrative Procedure Act, the organ must generally decide within 30 days or at least within 60 days. There are some special provisions for certain environmental procedures in other acts (e.g. the Environmental protection Act), but in those cases the decision period is even longer.
It is possible to challenge the first level administrative decision directly before court when the Ministry of the Environment and Spatial Planning is the first-level administrative organ and in environmental liability procedures.
Generally, no. The court should decide without unnecessary delay, according to court order. But for certain procedures (environmental consent and environment permission), the Environmental Protection Act demands the court decisions in three months.
In the administrative procedure, the evidence should be submitted at the same time as an application is submitted. It can be submitted later if there are certain reasons for it, or other if parties claim something different and there is a need for further evidence. In the court procedure, evidence should be submitted by filing the suit or until the end of the first hearing (civil procedures). Since there is usually no hearing at the Administrative Court, the last opportunity for submitting evidence is by answering the official response of the opposing party. The party can submit the evidence later if it can reasonably justify not presenting it sooner.
All written documentation is sent to other parties in the procedure and usually there is not less than 15 days to answer in administrative procedures and 30 days in court procedures.
Generally, the appeal against an administrative decision by the second-instance authority always has suspensive effect, except when a specific Act stipulates otherwise. An appeal against a final administrative decision (the suit with the Administrative Court) does not have this effect, unless provided for by a (special) law. Only when the specific Act defines that certain decision can be effective only after the final court decision (or after the period for filing the suit and nobody does this).
Injunctive relief is possible in first-instance administrative procedures. This is implemented in the form of a temporary decision and primarily relates to the time “during” the procedure. There are no specific provisions about injunctive relief in environmental procedures.
In the administrative procedure, a proposal for a temporary injunction is possible during the first-instance procedure. The law does not stipulate specific conditions.
Immediate execution irrespective of the appeal is possible if a specific Act defines this in regard to a certain decision. The general rule under the General Administrative Procedure Act also allows a verbal decision in the case of measures necessary in the public interest, and the authority can decide that the appeal does not have suspensive effect.
Generally, challenging the administrative decision before the court does not suspend the decision, but for certain decisions the Act can determine suspensive effect (e.g. environmental consent, environmental permission).
In the administrative procedure, a temporary injunction is not conditional on the financial deposit. The local courts are competent to provide injunctive relief according to the Claim Enforcement and Security Act. Initially the interested party has to pay the costs of the procedure in advance. Appeal against the order on injunction relief is allowed.
When we calculate costs, there is a distinction between whether a person or an NGO is a party in the administrative procedure (and then challenges the administrative decision at the Administrative Court or, in civil procedure, at the regular court (against polluters)).
Free legal aid (described in section 1.6.) is available only for court procedures. It is available for natural persons with low income and for NGOs with public-interest status. If the case is lost, the costs of the opposing party are not covered.
The general framework for calculating costs is as follows:
We have to be aware that there is no average environmental case as a basis for calculating the average costs. There is a considerable difference between an administrative dispute (the opposing party is a state body) and an environmental request at the regular (local or district) courts (the opposing party is a polluter). It depends also on the length of the whole procedure up to the final solution. It may be that the same case proceeds two or three times at the Administrative Court in the same administrative procedure. And similarly for cases at the regular courts (one case against polluters lasted 20 years from filing of the suit up to the final decision). We can conclude that middle-income individuals or NGOs can afford the administrative procedure and administrative disputes, but taking an environmental lawsuit to the regular courts would be very risky for the same plaintiffs.
The court fee should be paid for the procedure (74 EUR); for other deposits, the court decides from case to case. It depends on measures which need to be executed during the process.
Free legal aid is available for natural persons with low income.
Free legal aid is available only to NGOs with public-interest status in matters concerning their area of public interest and to legal persons under certain (limited) circumstances. Free legal aid is explained under 1.6.
There are no other financial mechanisms available to provide financial assistance.
The “loser party pays” principle applies. There are no rules about exceptions in environmental cases. But there are some additional rules for administrative disputes:
Parties shall always be billed for costs incurred through their own fault, as well as costs incurred by any chance occurrence affecting the party. If the court granted the action and annulled the administrative act contested in the administrative dispute, or established the illegality of the contested administrative act, the lump sum of costs shall be reimbursed to the plaintiff with respect to the performed procedural actions and the method by which the administrative dispute was processed, in compliance with the rules on the reimbursement of expenses to plaintiffs in administrative disputes.[59] The determined amount shall be paid by the defendant. If shared costs arise in the case the court shall decide what proportion of the costs each party shall bear.
Yes, as explained under the previous question.
There is no official website with rules on environmental access to justice. There is only information about conditions and the process for NGOs with public-interest status. However, the Ministry of the Environment and Spatial Planning encourages NGOs to generate such information. Currently all relevant information is available on the Environmental Defenders website[60].
There is a general rule of free access to all environmental information, and each authority is also obliged to publish basic information about the environment and relevant procedures. The obligation is based on the Public Information Access Act[61] and the Environmental Protection Act. The Information Commissioner ensures free access to information.
There is no system for providing procedural information. Anyone can address the competent authority with a request for access to information.
There is information on the websites of the Ministry of the Environment and Spatial Planning and the Slovenian Environment Agency, but mostly focused on providing investors with useful information and less on informing members of the public concerned about access to justice. However, the ministry supports NGOs in spreading this information (call for tenders for NGOs). There is no other active dissemination of information on access to justice.
Every administrative or court decision has instructions about possible legal remedies against it.
There are no specific rules about translation for any foreign participants in environmental procedures. There are only general rules for the court procedure (described in section 1.4., 4th question). In administrative procedures, all written documentation and hearings are in Slovene (except in the case of Italian and Hungarian minorities), but if participants do not know the language, they have the right to participate in the procedure with the help of a translator. The authority is obliged to inform them of this, but the costs of the translator must be borne by the party who needs translation.
Country-specific EIA rules related to access to justice
All applications for screening decisions and the subsequent decisions are published on the website of the Slovenian Environment Agency. There is no public consultation, and there are no provisions that would enable natural or legal persons or NGOs to be party to the procedure. Only NGOs with the status “public interest – environmental protection” can file a complaint against a negative screening decision, within 15 days after the decision is published. However, persons who can demonstrate legal interest are not expressly excluded and it is possible that the court would support their claim for standing (on the basis of CJEU decision C 570-13). The Administrative Court also decided that the NGO can be a party in the screening decision.[62]
There are no provisions for participation in the scoping phase. After the screening decision, the application for environmental consent, the impact assessment report and the draft administrative decision have been published, there is an open public consultation period of 30 days.
NGOs with the status of “public interest – environmental protection” and those who permanently reside, or are owners or other possessors of real estate, in the impact area can become a party in the procedure if they announce it within 35 days from the beginning of the public consultation (the authority invites them through a public announcement). This means the interested party should send an application for joining the procedure and present its arguments in the matter at the same time. The competent authority decides about the standing of the party – the decision can be challenged. If the decision is positive, then the interested person or NGO has a right to challenge the final EIA decision at the Administrative Court (if EIA is carried out as an integral procedure together with building permission, otherwise there is first a complaint to the second-instance administrative authority and then a challenge at the Administrative Court).
Legal or natural persons who permanently reside, or are owners or other possessors of real estate, in the impact area and NGOs with the status of “public interest – environmental protection” have the right to be a party in the procedure and can therefore then challenge the EIA decision (assuming the decision of the authority to accept someone as a party is positive).
There are no specific rules for EIA judicial review. General rules are applicable (see under 1.3., 4th question), and substantive and procedural legality can be reviewed.
When the competent authority adopts the final decision.
Before filing a court action, there is a requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures.
In order to have standing before the national courts it is not necessary to participate in the public consultation phase of the administrative procedure in the EIA procedure.
There are no specific provisions for environmental cases. There is a general rule about fairness of court procedures.
There are no specific provisions for environmental cases (see explanation under 1.7.1., 4th question). The deadline for appealing against a negative EIA screening decision is 15 days from the day the decision is published on the website of the Slovenian Environment Agency. In the EIA procedure, if the Slovenian Environment Agency is the deciding authority, there are also 15 days to appeal against a final EIA decision. If the deciding authority is the Ministry of the Environment and Spatial Planning (integral procedure), there are 30 days after the decision is published on the website to begin the administrative dispute. There is also provision for the Administrative Court to decide within 3 months in EIA cases.
There are no specific provisions for injunctive relief in an EIA procedure. There are only general rules (see under 1.7.2.).
The Slovenian Environment Agency, as the competent authority for environmental permits, publishes the application for an environmental permit, BAT reference documents and drafts of the administrative decision for public consultation of 30 days. Within 35 days of public announcement, the parties that have standing can file a request to be a party in the procedure (Article 73 of the Environmental Protection Act).
In accordance with the Environmental Protection Act, legal or natural persons who permanently reside, or are owners or other possessors of real estate, in the impact area and NGOs with the status of “public interest – environmental protection” have the right to be a party in the procedure and can therefore then challenge the environmental permit decision if they do so within 35 days from the beginning of public consultation. Legal standing may be recognised by the Administrative Court if the person demonstrates legal interest according to the general rules of administrative procedure (Article 43 of the General Administrative Procedure Act on protecting personal benefits based on the Act or other regulations).
There are no special provisions other than those explained under the previous question.
There are no special provisions other than those explained under question 2.
NGOs with the status of “public interest – environmental protection” and those who permanently reside, or are owners or other possessors of real estate, in the impact area can become a party in the procedure if they announce it within 35 days from the beginning of the public consultation (the authority invites them through the public announcement). This means the interested party should send an application for joining the procedure and present its arguments in the matter at the same time. The competent authority decides whether to allow standing as a party – the decision can be challenged. If the decision is positive, then the interested person or NGO has the right to appeal the final decision about the environmental permit to the Ministry of the Environment and Spatial Planning and to challenge the ministry’s decision at the Administrative Court.
Only those referred to under the 2nd question above have standing.
There are no specific rules for the environmental permit judicial review. General rules are applicable (see under 1.3., 4th question), but both substantive and procedural legality can be challenged.
It is challengeable at the final stage of the environmental permit decision.
Before filing a court action, there is a requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures.
In order to have standing before the national courts it is not necessary to participate in the public consultation phase of the administrative procedure in the environmental permit procedure.
There are no specific provisions for environmental cases. There is a general rule about fairness in the court procedure.
There are no specific provisions for environmental cases (see explanation under 1.7.1., 4th question), but there is a provision in the Environmental Protection Act that the Administrative Court should decide within 3 months.
There are no specific provisions for injunctive relief in the IED procedure. There are only general rules (see under 1.7.2.).
It is provided by publishing the documents relating to a particular permit on the website of the Slovenian Environment Agency for public consultation. In the announcement of the public consultation, there are also details of who can apply to join the procedure, and the timeframe for such.
Country-specific legal rules relating to application of the Environmental Liability Directive 2004/35/EC, Articles 12 and 13
Legal or natural persons who are or could be affected by the environmental damage and NGOs with the status of “public interest – environmental protection” can be a party in the environmental remediation procedure. In such cases, they can challenge administrative decisions at the Administrative Court.
30 days after receiving the decision of the Slovenian Environment Agency.
Information about the existence of environmental damage should be presented. The Slovenian Environment Agency initiates the procedure if the probability of environmental damage is proven.
There are no specific requirements.
If legal or natural persons or NGOs with public-interest status are a party in the procedure of environmental remediation, they receive the decision as a party in the procedure. Otherwise, there is no notification obligation.
The MS applies an extension of the entitlement to request action by competent authority from damage to the environment in cases of imminent threat of such damage.
The Slovenian Environment Agency.
The administrative decision about the environmental remediation can be directly challenged at the Administrative Court.
Other countries can be involved in the procedure of the strategic environmental assessment and the environmental impact assessment. If the plan or project could significantly impact on other countries, the Ministry of the Environment and Spatial Planning or the Slovenian Environment Agency informs them, as a minimum in the phase of public announcement, of the draft plan or project and the environmental report or environmental impact assessment report, and gives them time to answer whether they are interested in participating. The competent authority of the other country can decide if it wants to participate in the procedure within time limits determined by the national ministry. If it decides to participate, the authorities of both countries agree on the period for opinions and comments, or on other forms of consultation. The Ministry then defines the period for domestic public participation in a timeframe agreed with the other country (if it is longer then 30 days). The Ministry sends the opinions of the other country to the authority that is preparing the plan. In EIA procedure, the Ministry is obliged to explain how it has taken into consideration the opinions of the other country.
The same rules are valid for environmental permits (under the Industrial Emissions Directive) if the facility could have cross-border impacts.
There are no provisions about the concerned public. It is assumed that the other country informs their public.
There are no provisions about NGOs of the affected country.
There are no specific provisions about individuals. Generally, persons who permanently reside, or are owners or other possessors of real estate, in the impact area can be a party in the procedure for the environmental consent.
The information is provided together with the decision of the affected country if it has an interest in participating in the strategic environmental assessment and the environmental impact assessment.
There are no provisions.
There are no provisions.
There are no provisions in the Environmental Protection Act. Since these are administrative procedures, the rules on administrative procedures can be applied (see under 1.4., q.4).
There are no other relevant rules.
[1] https://www.gov.si/drzavni-organi/organi-v-sestavi/agencija-za-okolje/ (there is ongoing transfer of the official websites to a new platform and the process is not complete yet); the old page is here.
[2] http://www.pisrs.si/Pis.web/ - in the right menu there are also some acts translated into English; in the upper right corner there is an option for translation of the page into different languages.
[3] Official Gazette, 33/91-I, 42/97 – UZS68, 66/00 – UZ80, 24/03 – UZ3a, 47, 68, 69/04 – UZ14, 69/04 – UZ43, 69/04 – UZ50, 68/06 – UZ121,140,143, 47/13 – UZ148, 47/13 – UZ90,97,99 in 75/16 – UZ70a.
[4] Official Gazette of RS, št. 41/04, 17/06 – ORZVO, 187, 20/06, 49/06 – ZMetD, 33/07 – ZPNačrt, 57/08 – ZFO-1A, 70/08, 108/09, 108/09 – ZPNačrt-A, 48/12, 57/12, 92/13, 56/15, 102/15, 30/16, 61/17 – GZ, 21/18 – ZNOrg, 84/18 – ZIURKOE, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1545.
[5] National Environment Protection Programme with programmes of measures until 2030, Official Gazette RS 31/20, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ODLO1985.
[6] Official Gazette RS 56/99, 31/00 – popr., 119/02, 41/04, 61/06 – ZDru-1, 8/10 – ZSKZ-B, 46/14, 21/18 – ZNOrg, 31/18, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1600 , English version from 2014 published on http://www.svz.gov.si/fileadmin/svz.gov.si/pageuploads/prevodi/List_of_Slovene_laws_and_regulations_in_English.pdf.
[7] Official Gazette RS 49/04, 110/04, 59/07, 43/08, 8/12, 33/13, 35/13 – popr., 3/14, 21/16, 47/18, 32/20 http://www.pisrs.si/Pis.web/pregledPredpisa?id=URED283.
[8] Official Gazette of RS 67/02, 2/04 – ZZdrI-A, 41/04 – ZVO-1, 57/08, 57/12, 100/13, 40/14, 56/15, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1244.
[9] Official Gazette of RS, 30/93, 56/99 – ZON, 67/02,, 110/02 – ZGO-1, 115/06 – ORZG40, 110/07, 106/10, 63/13, 101/13 – ZDavNepr, 17/14, 24/15, 9/16 – ZGGLRS, 77/16, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO270.
[10] Official Gazette of RS, 16/04, 17/08, 46/14 – ZON-C, 31/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3780.
[11] Official Gazette of RS, 98/99, 126/03, 61/06 – ZDru-1, 14/07, 23/13, 21/18 – ZNOrg, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1353.
[12] Official Gazette of RS, 2/04, 61/06 – ZDru-1, 46/14 – ZON-C, 21/18 – ZNOrg, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO2068.
[13] Official Gazette of RS, 61/10, 62/10 – popr., 76/10, 57/12, 111/13, 61/17 – GZ, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5706.
[14] Official Gazette of RS, 76/17, 26/19 , http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7385.
[15] Official Gazette of RS, 52/10, 46/14 – ZON-C, 60/17, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5487.
[16] Official Gazette of RS, 67/02, 73/04, 21/10, 90/12 – ZdZPVHVVR, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3052.
[17]Official Gazette of RS, št. 36/99, 11/01 – ZFfS, 65/03, 47/04 – ZdZPZ, 61/06 – ZBioP, 16/08, 9/11, 83/12 – ZFfS-1, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1391.
[18] Official Gazette of RS 61/17, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7341.
[19] Official Gazette of RS 61/17 in 72/17 – popr., http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7108.
[20] For example: the case of Lafarge Cement Industry (IED permit and EIA consent) – the case resulted in the closure of the facility; cases concerning the protection of wolves - I U 1522/2015, I U 168/2017-18, I U 102/2018-8 (Habitats Directive) – the regulation for culling was not in line with the Habitats Directive; wind power plants I U 1809/2010 (EIA and Habitats Directive) – environmental consent was finally rejected; SEA procedure for hydro power plants – the NGO with the status of public interest – nature conservation can be party to the SEA procedure (I U 1635/2015).
[21] There is one important civil law case (the duration of the case was 21 years) – the farmers in Zasavje valley sued 5 polluters in the valley for damage caused to the environment and therefore to their crops and forests (II Cp 511/2016).
[22] Case of violating the right of public participation in the spatial planning process (U-I_43/13); the wolf case - Act on Intervention Culling of Wolves (U-I-194/19).
[23] Official Gazette of RS, št. 19/94, 45/95, 26/99 – ZPP, 38/99, 28/00, 26/01 – PZ, 56/02 – ZJU, 16/04 – ZZZDR-C, 73/04, 72/05, 49/06 – ZVPSBNO, 127/06, 67/07, 45/08, 96/09, 86/10 – ZJNepS, 33/11, 75/12 – ZSPDSLS-A, 63/13, 17/15, 23/17 – ZSSve, 22/18 – ZSICT, 16/19 – ZNP-1; http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO332.
[24] Official Gazette of RS, št. 105/06, 62/10, 109/12, 10/17 – ZPP-E; http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4732.
[25] Official Gazette of RS, 2/04, 10/04 – popr., 45/08 – ZArbit, 45/08 – ZPP-D, 10/17 – ZPP-E; http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3657.
[26] Official Gazette of RS, 26/99, 96/02, 2/04, 2/04 – ZDSS-1, 52/07, 45/08 – ZArbit, 45/08, 10/17, 16/19 – ZNP-1; http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1212.
[27] Official Gazette of RS 45/08; http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5288.
[28] Official Gazette od RS 52/02, 56/03, 61/04, 123/04, 93/05, 126/07 – ZUP-E, 48/09, 8/10 – ZUP-G, 8/12 – ZVRS-F, 21/12, 47/13, 12/14, 90/14, 51/16; http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3225.
[29] https://www.gov.si/drzavni-organi/organi-v-sestavi/agencija-za-okolje-delovna/ (there is moving the official websites on new platform and the process is not complete yet); the old page is on https://www.arso.gov.si/en/.
[30] Official Gazette of RS, 105/06, 62/10, 109/12,, 10/17 – ZPP-E; http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4732.
[31] Official Gazette RS, 80/99, 70/00, 52/02, 73/04, 119/05, 105/06 – ZUS-1, in English here.
[32] More info on the webpage of the Association of Mediators Slovenia https://www.slo-med.si/.
[33] Official Gazette of RS, št. 97/09, 40/12 – ZUJF; http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5648.
[34] Defined in Article 14 of the Environmental Protection Act.
[35] Official Gazette of RS, št. 71/93, 15/94 – popr., 56/02 – ZJU, 109/12, 54/17; http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO300.
[36] Official Gazette of RS, 21/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7129.
[37] Official Gazette of RS, 34/14, http://pisrs.si/Pis.web/pregledPredpisa?id=PRAV11963.
[38] For example, the case of the extension of operation of nuclear power plants I U 2135/2018-17.
[39] For example, the case of environmental consent for hydro power plants I U 2589/2018-25.
[40] Official Gazette of RS, 46/19, http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV13676.
[41] Official Gazette, 52/19, http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV13314.
[42] Official Gazette of RS, 80/99, 70/00, 52/02, 73/04, 119/05, 105/06 – ZUS-1, 126/07, 65/08, 8/10, 82/13; http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1603.
[43] Official Gazette of RS, 61/17, 72/17, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7108.
[44] Article 24 of the Constitutional Court Act, Official Gazette of RS, 15/94, 64/01 – ZPKSMS, 51/07, 109/12, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO325; English version.
[46] I U 1417/2019-10
[47] Some rules for integral procedure were modified up to the end of 2021 as interventional measures by the Act Determining the Intervention Measures to Contain the COVID-19 Epidemic and Mitigate its Consequences for Citizens and the Economy (Official Gazette RS, 49/20 and 61/20) and the Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic (Official Gazette RS, 80/20), which are being challenged at the Constitutional Court with regard to the new conditions for NGOs with the status of public interest to have the right to participate in integral procedure.
[48] Official Gazzette of RS, 22/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7726, list of interpreters https://spvt.mp.gov.si/tolmaci.html.
[49] Official Gazette RS, 84/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV13490.
[50] Official Gazette of RS, 18/93, 24/01, 54/08, 35/09, 97/14, 46/16, 36/19, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO265.
[51] Official Gazzette of RS. 48/01, 50/04, 23/08, 19/15; http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1265.
[52] Legal-informational center for NGOs, Slovenia (Pravno-informacijski center nevladnih organizacij – PIC) offers this service on webpage Environmental defenders as project activity financed by the Ministry for the environment and spatial planning and Eko fund.
[53] This is a project activity financed by the Ministry of the Environment and Spatial Planning and the Eco Fund.
[54] https://www.ajpes.si/?language=english and https://www.ajpes.si/eeno#/isci (free registration).
[55] There are 114 such NGOs in the register of AJPES as of 12.3.2020.
[56] Official Gazette of RS, 37/08, 97/10, 63/13, 30/16, 10/17 – ZPP-E, 11/18 – ZIZ-L, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4729.
[57]Official Gazette of RS, 37/08, 97/10, 63/13, 30/16, 10/17 – ZPP-E, 11/18 – ZIZ-L, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4729.
[58] Oficial Gazette of RS, 2/15, 28/18, http://www.pisrs.si/Pis.web/pregledPredpisa?id=TARI184.
[59] Official Gazette of RS, 24/07, 107/13, http://pisrs.si/Pis.web/pregledPredpisa?id=PRAV8161.
[60] Only in Slovene language for now; the page is managed by the Legal-Informational Centre for NGOs (Pravno-informacijski center nevladnih organiazcij – PIC).
[61] Official Gazette of RS, 24/03, 61/05, 109/05 – ZDavP-1B, 113/05 – ZInfP, 28/06, 117/06 – ZDavP-2, 23/14, 50/14, 19/15 – odl. US, 102/15, 7/18, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3336.
[62] Case I U 1417/2019-10.
[63] See also case C-529/15.
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There is a general rule – an article which protects the constitutional right to a healthy environment – Article 14 of the Environmental Protection Act:
“In order to exercise the right to a healthy living environment, citizens may, as individuals or through societies, associations and organisations, file a request with a court that the person responsible for an activity affecting the environment should terminate the activity if it causes, or would cause, an excessive environmental burden or presents, or would present, an imminent threat to human life or health, or that the person responsible for the activity affecting the environment should be prohibited from starting the activity if there is a high probability that the activity will cause such consequences.”
According to this Article, individuals and NGOs of any kind can initiate a court procedure (regular court) against anyone (private company, state or local authorities) for acts or omissions that cause harm. There are no other provisions that would set timeframes or other conditions. There have been a few court cases based on this article. One such case, which was won, concerned the Zasavje valley farmers (mentioned in footnote 28). Usually the legal grounds for such a suit would be Article 133 and/or 134 of the Civil Code together with the above-mentioned Article 14 of the Environmental Protection Act. The judges of the courts of general jurisdiction are as well informed about environment protection as their colleagues at the Administrative Court.
Other options outside EIA, IED and ELD lie in nature protection: NGOs with the status of “public interest – nature conservation” can defend nature conservation interests in all administrative and administrative disputes in the way determined by the law. Such an NGO has to be a party in an administrative procedure in which a permit is given to be able to appeal and/or file a court claim.
NGOs with the status of “public interest – environmental protection / nature conservation / spatial planning / culture heritage protection” can file an action against some spatial plans with the Administrative Court; any person enjoys the same such right if the spatial plan affects any of this person’s other rights.
There are also some protective instruments in civil law connected with the environment:
The scope of the administrative procedure and of the administrative dispute covers procedural and substantive legality.
Before filing a court action, there is a requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures.
This condition has to be fulfilled only in the case of challenging a spatial plan at the Administrative Court.
In the case of challenging a spatial plan, there are limited aspects of the spatial plan that can be challenged (e.g. provisions related to land use).
There are no specific provisions for environmental cases. There is a general rule about fairness of court proceedings.
There are no specific provisions for environmental cases (see explanation under 1.7.1., 4th question).
There are no specific provisions for injunctive relief, only general rules (described under 1.7.2.).
There are no specific cost rules besides those described under 1.7.3. The ‘losing party pays’ principle applies together with additional rules explained under point 6 of section 1.7.3. There are no provisions against costs being prohibitive. A party should refer directly to Article 9(4) of the Aarhus Convention and the grounds of Article 8 of the Constitution of the Republic of Slovenia (ratified and published treaties are to be applied directly) to potentially obtain a better position regarding costs in the given procedure.
There are no provisions that would enable NGOs or individuals to have standing for administrative review or challenge in the SEA procedure. But as the Nature Conservation Act enables NGOs with the status of “public interest – nature conservation” to represent nature conservation interests in all administrative and court procedures, one NGO with this status succeeded in becoming a party in an SEA procedure (Administrative Court case II U 145/2016) after being rejected by the Ministry of the Environment and Spatial Planning. After that case, NGOs with the status of “public interest – nature conservation / environmental protection” are allowed to be a party in SEA procedures. There is no procedural timeframe for applying to be a party in the procedure, but after the ministry’s decision that an SEA will be performed, it would be appropriate to participate from the earliest phases of the procedure.
For individuals, it could be used as a general rule for being a party according to the General Administrative Procedure Act (Article 43 – explained under the section 1.4., 1st question), since the SEA procedure is an administrative procedure.
Against negative SEA screening decisions or omission of decisions in a screening procedure, we do not yet have any practice or court decisions, but some rules could be used:
If the case comes before the Administrative Court, the court consistently follows the judgments of the CJEU.
The scope of the administrative procedure and of the administrative dispute covers procedural and substantive legality.
Before filing a court action, there is a requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures.
There is no need to participate in the public consultation procedure. However, a person/NGO has to be a party in the SEA procedure to have standing before the Administrative Court.
There are no specific provisions for injunctive relief, only general rules (described in section 1.7.2.). But temporary relief would be in place as a result of challenging the final SEA decision.
In the case of challenging SEA decisions at the Administrative Court, the court fee has to be paid (148 EUR). The amount is returned in the case of success. There is a general rule that the procedure should be carried out at the lowest costs possible (Article 11 of the Contentious Civil Procedure Act). There are no other safeguarding rules against costs being prohibitive.
There are provisions for public participation (environmental plans/programmes, spatial plans, nature conservation plans/programmes, water management programmes and others), but no provisions for protecting this right. This is a weakness of the Slovenian legal system with respect to the Aarhus Convention. So there is no “direct” way of obtaining an administrative review or challenging the final decision about a plan/programme before a court. There are two possible options:
The scope would be only if public consultation was enabled or not, thus if the requests of the Aarhus Convention were met.
If there is an administrative procedure for the plan, the administrative review procedures should be exhausted.
There is obligation to participate in the prior participation process when using a legal remedy in the spatial planning process (filing a suit with the Administrative Court against a spatial plan) – this is the only provision of such kind in the Spatial Planning Act (Article 58).
There are no specific provisions for injunctive relief, only general rules (described under 1.7.2.). But temporary relief would be in place as a result of challenging the plan or programme.
There is no court fee for going to the Constitutional Court. For the Administrative Court, there is a court fee (148 EUR), which is returned in the case of success.
It depends on who adopts the decision and in what legal form:
CJEU case law contributes much to effective access to national courts and definitely expands the right to access to justice in practice.
There can be a situation where a particular plan is adopted by governmental decision (but not as a general legal act) but the plan/programme is not legally binding. There are two options:
As explained under the 1st question above and under section 2.5.
There are no provisions and cases yet.
There are no provisions.
There are no provisions except in the case of spatial plans. To initiate the administrative dispute, the NGO with the status of “public interest – spatial planning / environmental protection / nature conservation / cultural heritage protection” must have previously participated in the procedure with comments.
There are no provisions. In the case of Article 14 of the Environmental Protection Act, there are no grounds/arguments precluded.
There is only a general rule about fairness of court procedures.
There are no specific provisions for environmental cases (see explanation under 1.7.1., 4th question).
There are no specific provisions for injunctive relief, only general rules (described under 1.7.2.).
There are general rules, described in section 1.7.3, 1st question.
There are three options for challenging executive regulations:
The review of the Constitutional Court is focused on violation of the provisions of the Constitution. Also, the Administrative Court is focused on the legality of the challenged act. This can cover both procedural and substantive legality.
Yes, as explained above under the 1st question.
In order to have standing before the national courts it is not necessary to participate in the public consultation phase of the administrative procedure.
A temporary injunction is only possible at the Constitutional Court. At the Administrative Court, a temporary injunction is usually proposed regarding execution regulations. Other injunctive relief is possible (general rules described under 1.7.2.)
At the Constitutional Court, there are no costs (court fees). At the Administrative Court, there is the court fee (148 EUR), which is returned in the case of success.
There are no provisions in national legislation regarding such situations and article 267 TFEU. Courts are obliged to take CJEU decisions into consideration and plaintiffs often refer to certain cases. The Supreme Court and the Administrative Court practise preliminary ruling procedures. All courts follow the recommendations for national courts on the use of preliminary ruling procedures. Plaintiffs are free to propose that the court initiate a preliminary ruling procedure.
[1] This category of case reflects recent case-law of the CJEU such as Protect C-664/15, the Slovak brown bear case C-240/09, see as described under Commission Notice C/2017/2616 on access to justice in environmental matters
[2] Official Gazette of RS, 87/02, 91/13, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3242, also in English.
[3] Official Gazette of RS, 83/01, 32/04 – OROZ195, 40/07, 20/18 – OROZ631, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1263, also in English.
[4] The SEA Directive relates to plans and programmes. These are also covered by Article 7 and Article 9(3) of the Aarhus Convention.
[5] See findings under ACCC/C/2010/54 for an example of a plan not submitted to SEA but subject to the public participation requirements of Article 7 of the Aarhus Convention.
[6] These fall within the scope of both Article 7 and Article 9(3) of the Aarhus Convention. See also relevant case-law of the Court of Justice of the European Union such as Case C-237/97, Janecek and cases such as Boxus and Solvay C-128/09-C-131/09 and C-182/10, as referred to in Commission Notice C/2017/2616 on access to justice in environmental matters.
[7] Such acts fall within the scope of Article 8 and Article 9(3) of the Aarhus Convention. An example of such an act concerns the decision of the national administration that featured in Case C-281/16, Vereniging Hoekschewaards Landschap, ECLI:EU:C:2017:774
[8] This was the case of challenging the governmental ordinance that ordered the shooting of a certain number of bears and wolves. NGOs with the status of “public interest – nature conservation / environment protection” challenged the ordinance with regard to wolves at the Constitutional Court. The Constitutional Court rejected the review with the explanation that the disputable annex of the ordinance is so individualised that the court was not competent for such a decision. The ordinance was then annulled at the Administrative Court.
[9] For an example of such a preliminary reference, see Case C-281/16, Vereniging Hoekschewaards Landschap, ECLI:EU:C:2017:774
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
National rules on silence of the administration:
According to the Administrative Procedure Act (Article 222), in the event that the competent authority against whose decision an appeal is allowed fails to issue a decision and present it to the party in due time, the party shall have the right of appeal as if their claim had been refused. If the second-instance administrative authority fails to issue a decision, according to the Administrative Dispute Act (Article 28), the administrative dispute can be initiated within 30 days after the administrative authority has failed to issue a decision within 7 days after the future plaintiffs’ special request.
There are no penalties for exceeding time limits of administrative decisions or to provide effective access to justice.
Complying with a judgement – there can be two situations:
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.