At the initiative of the Human Rights Ombudswoman of the Republic of Slovenia, Dr Simona Drenik Bavdek, the Constitutional Court of the Republic of Slovenia (CC) adopted a decision on the temporary suspension of the implementation of Article 8 of the Act on Emergency Measures to Ensure Public Safety (Official Gazette of the Republic of Slovenia, No. 93/25) (U-I-24/26).

Ombudswoman Dr Simona Drenik Bavdek welcomes the decision of the Constitutional Court (CC) to temporarily suspend Article 8 of the Act on Emergency Measures to Ensure Public Safety. She assesses that the Constitutional Court has thereby upheld the proposal and arguments of the Ombudsman that the harmful consequences of further enforcement against cash social assistance, which is intended to ensure the survival of individuals and families in distress, outweigh the harmful consequences of the temporary suspension of the contested regulation. As stated in the request of the Ombudsman, the state can postpone such interventions until the Constitutional Court decides whether the regulation is in conformity with the Constitution, whereas the needs of socially vulnerable individuals cannot wait. Ombudswoman Dr Simona Drenik Bavdek expects that, in the continuation of the proceedings, the Constitutional Court will decide on the constitutionality of the contested legal regulation as soon as possible. This will also constitute an important contribution to constitutional case law regarding the protection of human dignity and the right to social security.

Ombudswoman Dr Simona Drenik Bavdek stated: “I welcome the decision of the Constitutional Court. It upheld our arguments that the state can wait to interfere with the subsistence minimum of individuals until its final decision, whereas the needs of the socially vulnerable cannot wait. In doing so, the Constitutional Court accepted our argument that a regulation allowing enforcement against minimum social benefits intended for survival may cause consequences for individuals that are difficult or impossible to remedy. It is, however, in the public interest that the Constitutional Court also adopts a substantive decision as soon as possible.”

The Ombudswoman maintained this position when filing the request for a constitutional review, as enforcement against cash social assistance endangers the survival of the most vulnerable families and individuals. She also assessed that the continued implementation of Article 8 of the Act could cause consequences that would be difficult to remedy for individuals living on the brink of survival.

The Ombudswoman has received numerous initiatives from citizens across Slovenia who have found themselves in severe hardship due to enforcement against cash social assistance and extraordinary cash social assistance, which for many represent the only or primary source of subsistence. She has also become acquainted with many such cases in the course of monitoring and addressing this issue. These include older persons, single-parent families, families with multiple children, persons with disabilities, chronically ill individuals, individuals with mental health difficulties, homeless persons and people without a social support network. What they have in common is their dependence on social transfers to meet their basic living needs.

On 13 February 2026, the Ombudswoman therefore filed a request with the Constitutional Court for a review of the constitutionality of Article 8 of the Act on Emergency Measures to Ensure Public Safety (ZNUZJV) and proposed its temporary suspension and priority consideration.