The Human Rights Ombudsman of the Republic of Slovenia, pursuant to Article 25 of the Human Rights Ombudsman Act, submitted an independent intervention (amicus curiae) to the Labour Court in Celje in a pending case concerning the regulation laid down in Article 11.a of the State Legal Examination Act (ZPDI). The intervention was submitted within the framework of an initiative currently under consideration by the Ombudsman.

The case concerns the obligation to reimburse education costs in the amount corresponding to the gross salaries received during judicial traineeship if, after passing the state legal examination, the trainee does not enter into an employment relationship at the request of the competent ministry, as provided for in Article 11.a of the ZPDI.

In the intervention, the Ombudsman points to several problematic aspects of such regulation, particularly from the perspective of the right to remuneration for work performed, the right to private property, the principle of proportionality and the right to the free choice of employment. According to the Ombudsman, the obligation to repay the entire amount of gross wages may constitute a disproportionate interference with the individual’s human rights, given that the trainee performs work within an employment relationship and generates economic value for the employer.

In the Ombudsman's opinion, the regulation also raises questions regarding respect for the principles of proportionality and fairness as elements of the rule of law, as well as the principle of equality before the law. In particular, it must be assessed whether comparable situations are treated equally in the legislation or whether there are reasonable and objectively justified grounds for different regulation.

The intervention also refers to Protocol No. 1 to the European Convention on Human Rights, which protects the right to the peaceful enjoyment of possessions, and to the European Social Charter, which guarantees the right to fair remuneration. In this context, the Ombudsman draws attention to the views of the European Committee of Social Rights concerning the inadmissibility of unpaid internships that effectively negate remuneration for work performed and may constitute discrimination against young people. In the Ombudsman’s view, any interference with the right to fair remuneration for work and with the property rights of individuals must be carefully justified, proportionate and consistent with the international obligations of the Republic of Slovenia.

The full text of the Ombudsman’s independent intervention is available via the link on the right.