ENNHRI Rule of Law Report: Ombudsman Highlights Pressure on Independent Institutions, Shortcomings in Law-Making and Lengthy Judicial Proceedings
The European Network of National Human Rights Institutions (ENNHRI) has published its 2026 Report on the state of the rule of law in Europe. Based on the insights of national human rights institutions (NHRIs), the report offers a comprehensive overview of the critical issues impacting their autonomy and operational efficiency, including civic space, disinformation, legislative processes, and other systemic challenges to human rights and the rule of law. Complementing ENNHRI’s 2026 report on the state of the rule of law in the European Union, published in June, it offers a broader European overview based on the same methodology and thematic framework, covering countries outside the European Union as well.
Human Rights Ombudswoman Dr Simona Drenik Bavdek emphasises: 'Within its mandate, the Ombudsman regularly monitors the state of the rule of law and human rights, contributing to international reporting in this field. This year, it once again prepared Slovenia’s national contribution to the two ENNHRI reports, presenting key findings from its work and making recommendations to the relevant national and European authorities on strengthening the rule of law and the protection of human rights.”
Independent institutions need appropriate conditions to work effectively
Slovenia’s contribution highlights the importance of timely and transparent procedures for appointing the leadership of independent institutions based on professional criteria. From 24 February 2025 until Dr Simona Drenik Bavdek's appointment as Ombudswoman on 3 February 2026, the Ombudsman operated for almost a year without a fully mandated leader. Nevertheless, the institution demonstrated a high degree of resilience during this period and continued to perform its core statutory duties without interruption.
At the same time, however, the Ombudsman draws attention once again to the inadequate follow-up by the competent authorities to its recommendations. More than 100 recommendations from previous years remain unimplemented, despite being relevant, with some having been repeated for several years. Of particular concern is the fact that many of the unimplemented recommendations relate to the rights of different vulnerable groups.
In 2025, the Ombudsman handled over 6,500 cases, which was 3.64% more than in the previous year. These included 3,681 complaints submitted by individuals. Of the 207 substantiated complaints, the Ombudsman identified 238 violations of human rights and fundamental freedoms, or other irregularities. These figures confirm the importance of an independent and effective institution with adequate staffing and financial resources that is capable of handling individual complaints promptly and drawing attention to systemic shortcomings.
The Ombudsman therefore recommends the following:
- Timely, transparent and depoliticised appointment procedures
- The provision of adequate financial, human and technical resources
- Structured, constructive monitoring of the implementation of its recommendations at national, regional and local levels
Pressure on civil society and human rights defenders
In its national contribution, the ombudsman concludes that the environment in which civil society organisations and human rights defenders operate in Slovenia remains largely open. However, recurring pressures are emerging, signalling a possible narrowing of civic space.
These pressures include increasingly polarised public debate, hostile rhetoric, online harassment, attempts to discredit individuals and organisations, pressure in connection with protests, and the misuse of legal proceedings to restrict public participation. Those working on anti-corruption, government accountability, migration, minority and Roma rights, environmental protection, gender equality, reproductive rights and LGBTQ+ rights may be particularly vulnerable.
The Ombudsman also stresses the importance of protecting independent oversight institutions from unfounded attacks and pressure when they exercise their constitutional and statutory powers. Critical public debate is an integral part of a democratic society. However, portraying the professional and oversight activities of independent institutions as politically motivated can undermine public confidence in their role and weaken the effectiveness of checks and balances.
The Ombudsman therefore calls on state authorities to:
- establish effective mechanisms for protection against harassment, threats and the misuse of legal proceedings;
- consistently implement European standards to prevent strategic lawsuits against public participation (SLAPPs);
- refrain from rhetoric that may undermine the legitimacy of the work of civil society, human rights defenders and independent institutions.
Law-making must be transparent and inclusive
A significant part of Slovenia’s contribution concerns law-making processes. The Ombudsman notes that certain politically and socially sensitive laws were adopted under emergency or fast-track procedures in 2025 and early 2026, which limited opportunities for expert scrutiny, public debate, and the effective involvement of stakeholders.
Although formal mechanisms for public consultation exist, consultation periods are often too short to allow the preparation of high-quality, evidence-based contributions, even when emergency or fast-track procedures are not being used. Nor is the targeted involvement of groups that will be directly affected by a particular law sufficiently systematic. This may have a particular impact on vulnerable groups, who already have fewer opportunities to participate in decision-making processes.
The Ombudsman therefore recommends that the government and its ministries act transparently and in accordance with the principles of good governance when drafting legislation. Those who will be directly affected should be involved before the general public consultation begins. Sufficient time must be allowed for comments, and emergency legislative procedures should only be used in exceptional cases that are clearly justified.
The Ombudsman also advocates making systematic human rights impact assessments of draft legislation a mandatory part of the law-making process.
Lengthy Proceedings and the Implementation of Court Decisions
The Ombudsman continues to receive numerous complaints from individuals regarding the excessive length of judicial and enforcement proceedings. Although statistical data show improvements in some areas, individual cases continue to reveal proceedings that last unreasonably long, infringing the right to a trial within a reasonable timeframe and undermining legal certainty.
Delays in enforcement proceedings can be particularly problematic, as individuals may have to wait a long time for a judgment to be enforced, even after successfully concluding court proceedings. The Ombudsman also draws attention to delays and shortcomings in implementing decisions of the Constitutional Court and other binding judicial decisions. Failure to implement judicial decisions undermines confidence in the rule of law, infringes the principle of separation of powers, and violates the right to effective judicial protection.
Access to justice remains challenging for people in vulnerable socio-economic situations, particularly due to complex procedures, difficulties in obtaining free legal aid, and the financial burden of court costs.
The Ombudsman recommends that the relevant authorities adopt systemic measures to shorten judicial and enforcement proceedings, provide the courts with adequate human and financial resources, and establish effective monitoring of the implementation of Constitutional Court and other binding judicial decisions.
The Report as a Basis for Further Action
Reporting by national human rights institutions provides an independent insight into the actual state of the rule of law and human rights protection in individual countries. Dr Simona Drenik Bavdek, Slovenia’s Human Rights Ombudswoman, expects the findings and recommendations in the country's national contribution to provide a basis for further dialogue with the National Assembly, the government, ministries, judicial authorities, local communities, and civil society organisations.
Slovenia’s full national contribution is available on the ENNHRI website.
ENNHRI’s 2026 report on the state of the rule of law in the European Union is available via this link.
ENNHRI’s 2026 report on the state of the rule of law in Europe is available via this link.