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Ombudsman achieves the establishment of a commission to decide on conscientious objections through mediation

| Administrative matters

Summary

The Ombudsman considered the complaint of a complainant got in touch because he had not received a decision on the appeal against the decision of the Commission for Conscientious Objection to Military Duty at the Ljubljana Administrative Unit for several months. The findings showed that in November 2024 the appeal was referred for decision to the second-instance body, the Ministry of Public Administration, as provided for in Article 44 of the Military Duty Act (ZVojD), but the commission, which must be appointed by the Government of the Republic of Slovenia, did not exist at that time, so a decision was not possible. After the Ombudsman's intervention, the Ministry of Public Administration (MJU) verified the legal and factual situation, convened an interdepartmental meeting and prepared government materials for the establishment of a new commission.

Details

The Human Rights Ombudsman of the Republic of Slovenia (hereinafter: Ombudsman) found that the Ministry of Public Administration (MPA) failed to ensure the reappointment of the previous commission after its mandate expired, thereby failing to fulfil its legal obligation. This situation constituted a violation of the principle of administrative efficiency and the right to a legal remedy, as guaranteed by articles 2 and 25 of the Constitution of the Republic of Slovenia.

Following the Ombudsman's intervention, the MPA verified the legal and factual situation, convened an interdepartmental meeting and prepared government materials for the establishment of a new commission. On 26 September 2025, the Government of the Republic of Slovenia adopted the Decree on the Establishment of the Commission of the Government of the Republic of Slovenia for Conscientious Objection to Military Duty (Official Gazette of the Republic of Slovenia, No. 73/2025), thereby eliminating the identified deficiency. The Ombudsman welcomes the measures taken and expects the MJU to ensure the appointment of members of the commission as soon as possible and the continuation of decision-making on the complaints filed. The complaint was assessed as justified, and the Ombudsman's intervention as successful.
14.0-10/2025

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