Varuh ДЌlovekovih pravic

Lengthy decision-making of a centre for social work

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According to the Human Rights Ombudsman of the Republic of Slovenia, the principle of good governance from Article 3 of the Human Rights Ombudsman Act is violated when decision-makers do not decide on the parties' applications within the deadline set by the General Administrative Procedure Act, especially when statutory deadlines are repeatedly exceeded. In this specific case, the centre for social work in question responded appropriately, recognised its responsibility, and immediately took measures to prevent similar delays in the future. 

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In February and March 2023, two complainants independently of each other turned to the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) describing the lengthiness of decision-making about a right at the same centre for social work (CSW), and the length of the proceedings in the assignment of legal remedies to a resolution of the ministry responsible for social affairs.

The Ombudsman made an inquiry with the CSW, which fully confirmed the statements of the complainants and took responsibility for the delay in work. In accordance with the Ombudsman's proposal, the necessary decisions were made immediately, and both complainants were sent a written apology. At the suggestion of the Ombudsman, the CSW investigated the reasons for the delays and adopted appropriate organisational changes to prevent the recurrence of similar problems in the future. In this part, the Ombudsman assesses the intervention at the CSW as successful.

The Ombudsman also pays special attention to the length of the procedures for deciding on legal remedies at the Ministry of Labour, Family, Social Affairs and Equal Opportunities, which in the opinion of the Ombudsman impermissibly interfere with the rights of individuals. Unfortunately, although the Ombudsman's warnings have indeed been acknowledged, the Ombudsman does not detect significant changes for the better. Given that the Ombudsman does not have official powers, his options are limited to formulating opinions, proposals, and recommendations. It is up to the addressee to what extent they accept and take them into account. The Ombudsman will continue to strive for a more efficient handling of legal remedies, expecting that the authorities will actually take action to eliminate the problems identified. 21.0-10/2023

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