In a meeting with the members of the Ombudsman’s Council Human Rights Ombudsman Peter Svetina discussed the state of the rule of law in Slovenia. They discussed the Report of the European Network of National Human Rights Institutions (ENNHRI) on the state of the rule of law in the EU (reports of national human rights institutions) of 16 May 2023 and the Report of the European Commission on the state of the rule of the law in the EU and its Member States for 2022. The Ombudsman advocates the widest possible debate about the findings of the European Commission and for the realisation of its recommendations.

The European Commission monitors four fields of the rule of law: the judicial system, the prevention of corruption, plurality, and freedom of the press as well as other national issues influencing the national systems of checks and balances in the EU Member States. When preparing the report, they stem from the information and data received from individual states and other sources. An important contribution for 2023 was prepared for Slovenia by the institution of the Human Rights Ombudsman, which forwarded the European Commission its report as a part of the wider regional report of the ENNHRI.

Last year, Slovenia received six recommendations which are a significant indicator of deficiencies in the functioning of the rule of law in the country. “Even though recommendations are not legally binding, I have asked all competent institutions to study and implement them into the Slovenian legal order as soon as possible,” stressed Ombudsman Svetina at the beginning of the meeting.

The Human Rights Ombudsman also presented his suggestions for the improvement of the state of the rule of law deriving from the matters discussed and recommendations the Ombudsman addressed to different institutions and other activities of the Ombudsman for the report that is to be issued in July 2023, and which are part of annual reports to the National Assembly of the Republic of Slovenia.

In the field of justice, the Ombudsman points out the need to adopt additional measures that will enable greater access to free legal aid. He also expects the adoption of legislative changes that will allow all victims of crimes to receive compensation, regardless of their nationality. The Ombudsman also expects the state to provide enough court experts in family cases, as their insufficient number leads to the violation of children's rights. He also points out that he has received many complaints related to the issue of impartiality of judges.

The recommendation regarding the operation of the institution of the Ombudsman refers to a change in the legislation that will strengthen the operation of the institution in accordance with international standards. The Ombudsman calls on the authorities to implement the decision of the Constitutional Court regarding the financial autonomy of four independent institutions as soon as possible.

Regarding the enforcement of judgments of the European Court of Human Rights, the Ombudsman suggested that the Action Plans and recommendations should also be available in Slovenian. In this way, the process of monitoring the execution of judgments that also require general measures, e.g. change of regulations, training and change of interpretation of regulations, and possible other measures, will become more transparent and accessible. He also proposed that the state nevertheless start translating the leading judgments of the aforementioned court into Slovenian.

The Ombudsman also warned about the growing number of unexecuted decisions of the Constitutional Court and recommended that a mechanism for providing professional support for the enforcement of Constitutional Court decisions be established, modelled on the mechanism for enforcing judgments of the European Court of Human Rights. He also highlighted the (too) slow enforcement of the judgments of the Court of Justice of the European Union, especially in the field of the environment and space.

The Ombudsman's key recommendation to national authorities in the field of artificial intelligence is that state authorities at all levels, especially the newly established Ministry of Digital Transformation, pay special attention to aspects of human rights and the rule of law in the digitisation of various systems and subsystems of society, including artificial intelligence, by creating human rights and rule of law impact assessments, which would include a special focus on vulnerable groups.

The Ombudsman also highlighted the area of migration, especially the behaviour of the police at the borders and the importance of individual treatment of migrants.

Regarding the plurality of the media and freedom of speech, the Ombudsman once again highlights the issue of hate speech and the need for changes to the Mass Media Act, which would also determine the way to protect the public interest, measures to remove illegal content or hate speech, and sanctions for media outlets that allow such speech. He also points again to the increase in strategic lawsuits against journalists and human rights defenders (SLAPP). In the light of his ongoing call for the EU's 2019 Whistleblower Protection Directive to be implemented as soon as possible, the Ombudsman welcomed the final adoption of the Reporting Persons Protection Act at the end of January this year.

The Ombudsman expects that those responsible for improving the state of the rule of law will conduct a focused professional discussion on individual areas of the report. In his opinion, it is only through discussion and exchange of opinions between policymakers, civil servants, judges, academia, and representatives of independent institutions that recommendations that will benefit individuals can be implemented more quickly. Simultaneously, a focused professional discussion can also contribute to raising awareness of the importance of strengthening the rule of law, Ombudsman Svetina is convinced.