Articles for category: Slowenien

Stuck Between Unity and Diversity

The role of the EU Charter in disputes concerning fundamental rights standards between the EU and Member States has been characterized by ambiguity ever since the Charter’s inception. As the EU deepens integration of Member States to effectively face the challenges ahead, I advocate for a pluralistic interpretation of Article 53 of the Charter that allows for a greater degree of accommodation of national particularities. In that way, one would reduce constitutional tensions and find that there may be unity in diversity after all.

2. November 2024

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Something Wicked This Way Comes

In den letzten 20 Jahren wurde eine Krise nach der anderen als Rechtfertigung für die Einrichtung eines umfassenden Überwachungsapparats angeführt. Währenddessen verloren Drittstaatsangehörige schrittweise ihrer Rechte auf Privatsphäre und Datenschutz, wodurch die Bewegung unschuldiger Personen in verdächtige, potenziell terroristische Aktivitäten umgewandelt wurde. Unter den wichtigsten Veränderungen im Informationsmanagement wird die Interoperabilität - die Fähigkeit von Informationssystemen, Daten auszutauschen - die tiefgreifendsten Auswirkungen auf das Recht auf Datenschutz haben und den "point of no return" markieren.

8. April 2022

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Slovenia’s Legal Farce with the Nomination of European Delegated Prosecutors

Slovenia is the only Member State participating in the European Public Prosecutor’s Office that has not yet made a single nomination for the positions of European Delegated Prosecutors. This post seeks to sketch the legal framework governing the appointment of the EDPs, explain how the blockade came about at the national level in Slovenia, and elucidate why no appointments from Slovenia can be expected for the time being.

27. August 2021

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Slovenia: Second Wave of Challenges to Constitutionalism

Slovenia had a very different experience in the first and the second wave of the 2020 COVID-19 pandemic. In the first wave, the number of infections and deaths per capita has been comparatively low and Slovenia was even identified as a “corona success story”. The second wave, however, has propelled Slovenia into the highest ranks of mortality per capita globally with the total of 162 deaths per 100,000 people from the beginning of the pandemic until 25 January 2021. The Government introduced stringent measures in Autumn 2020, including the complete ban on assembly and sale of non-essential items, the closure of educational institutions, a strict 9 pm - 6 am curfew, and the prohibition of movement across municipal borders.

19. März 2021

A Dissident Letter from „Slovenian Dictatorship“

Exactly a year ago darkness has set on Slovenia. The process of constitutional erosion and decay has been let loose. This is the narrative that dominates in the political, economic and the most influential civil society circles which have wielded control in Slovenia over the last three decades. It is at this point, when everyone everywhere, including the academics, uncritically, without a degree of the prerequisite self-criticism and their own independent fact-finding, partake in the same, unequivocally shared narrative, that I taught myself to pause and take some distance from the frenzy of the masses.

10. März 2021

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The Inviolability of National Centrals Banks as a Matter of EU Law

National authorities have to be extremely cautious in their dealings with National Central Banks in national investigations. Given the role of those in EU law, and their place within the EU legal order, today's judgment of the European Court of Justice should be seen as a stern warning to investigative authorities of the Member States. They must engage with the applicable EU institutions, prior to seizing documents of National Central Banks.

17. Dezember 2020

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(Rule of) Law in the Time of Covid-19: Warnings from Slovenia

It is beyond question that radical limitations of a wide range of human rights are necessary to limit the spread of Covid-19, keep healthcare systems afloat, and help saving human lives. The aim of this contribution is not to argue against such measures per se. In spite of the gravity of the situation, however, any measures adopted to combat it must be adopted by competent bodies, following the procedure and under the conditions envisaged by law. In other words, rule of law concerns have to be fully respected. It is my concern that Slovenia has been failing this »rule of law in times of emergency« test.

25. März 2020

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Judges Depending on Judges

Since the beginning of 2018 the CJEU has finally been putting flesh on the bones of the EU principle of judicial independence. Most recently, the Court has been widely praised for its ruling against the Polish attempt of removing the, presumably, disloyal judges by a general measure of lowering their retirement age from 70 to 65. While the decision is indeed praiseworthy, it is nevertheless necessary to emphasize its notable doctrinal lacuna with potential negative practical implications – particularly in those EU member states with a weak democratic and rule of law tradition, a low degree of legal and political culture as well as with a small and tightly-knit legal elite.

10. Juli 2019

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Slovenia’s Supreme Court rejects the European Court of Human Rights

On Wednesday 24th of October the Supreme Court of the Republic of Slovenia made a striking, indeed unprecedented, announcement. After a rather uncontroversial and routine ruling by the ECtHR, the Supreme Court has declared – in a mere press release and without any justification – that it respects only the rulings of the Strasbourg Court that it finds persuasive. In so doing, Slovenia hints at joining the regimes of Russia and Turkey.

26. Oktober 2018