Slovenia
Slovenia performs in the high range in Representation, Rights and Participation, and it exhibits mid-range performance in Rule of Law in the Global State of Democracy (GSoD) framework. The country performs in the top 25 per cent globally in almost all factors, with the exception of Electoral Participation. Between 2018-2023, Slovenia has significantly declined in several factors of Rights, including Access to Justice, Social Group Equality and Civil Liberties (including Freedom of Expression and Freedom of the Press). It has also declined in Rule of Law and its Judicial Independence and Predictable Enforcement factors. However, there are early signs that Slovenia is currently on course to recover from a period of democratic contraction, including progress towards safeguarding the independence of the public broadcaster and the introduction of harsher sentencing for hate crimes. Slovenia has also advanced in Economic Equality in the past five years, with one of the lowest levels of income inequality in the European Union (EU). Slovenia boasts an open economy, marked by strong automotive, consumer electronics, pharmaceutical and tourism sectors.
Slovenian territory was controlled by the Habsburgs in the 14th century, who retained control until the fall of the Austro-Hungarian Empire at the end of World War I. Slovenia was divided into German, Italian and Hungarian occupation zones in World War II, and became a constitutive part of Yugoslavia at the end of the war. Slovenia was the first republic to secede from Yugoslavia in 1991, following the victory of Slovenian forces over the Yugoslav People’s Army in the Ten-Day War. The country’s minority groups include Roma, Albanian, Bosniak, Croat, and Serb communities, as well as Hungarian and Italian minorities recognised in the post-independence Constitution. Slovenia has a history of receiving migrants from other former Yugoslavian territories, yet in recent years, the salience of immigration has been on the rise in the eyes of Slovenian voters following an increase in asylum-seekers arriving since 2015 and issues stemming from the smuggling of migrants by international criminal organisations. Another key area of political debate surrounds press freedom. Journalists have struggled with a climate of hostility and political pressure, especially through online harassment by politicians. The independence of the judiciary has been challenged, including by the regulation of judges’ salaries according to a 2023 Constitutional Court ruling. However, there have been recent positive steps to safeguard judicial independence, such as increased protections for the autonomy of prosecutors in parliamentary inquiries.
Slovenia is high-performing in Gender Equality according to the GSoD Indices. This can be attributed to progress made in women’s parliamentary representation, and the election of the first female President in 2022. However, Slovenia struggles with a gender pay gap, violence against women, and intersectional discrimination, particularly affecting Roma women. Meanwhile, the recent legalization of same-sex marriage and joint adoption have signaled progress on LGBTQIA+ rights.
Looking ahead, a series of reforms that led to a rebound in its performance after a period of declines across all categories of democracy, should be observed. Media reform was high on the list of priorities, and a referendum allowed voters to endorse a plan to depoliticize public media. It will be important to watch Freedom of the Press in the years ahead to assess the effects of this plan, as well as proposals to introduce new state support, regulate the use of artificial intelligence in the media, and limit media concentration. It will also be important to watch progress towards constitutional reform regarding judicial appointments, as well as plans to amend the disciplinary framework for judges, for potential impacts on Judicial Independence.
Last updated: August 2024
https://www.idea.int/democracytracker/
January 2024
Judges protest low salaries
Slovenian judges protested for two weeks between 10 and 24 January, processing only urgent cases and cancelling hearings according to their own discretion. The Association of Judges has cited the government’s failure to implement a June 2023 Constitutional Court ruling, which found that judges’ salaries were too low and in violation of the principle of judicial independence and the separation of powers. The ruling considered that judges’ salaries are not regulated in a comparable way to salaries in other branches of government, and underlined the need to protect judges from pressure that could influence decision-making. The Constitutional Court’s decision gave the legislature six months to ensure compliance with the Constitution, which lapsed on 3 January 2024. The government has bundled the matter of judges’ salaries with a wider revision of public sector salaries, which has been delayed by the impacts of the response to severe flooding in 2023 on the state budget.
Sources: Euractiv, N1 (1), N1 (2), N1 (3), Slovenian Judges Association (1), Slovenian Judges Association (2), STA, 24ur
December 2023
Culture Ministry tables media reforms
The Culture Ministry introduced a draft media bill, which would introduce new state support, regulate the use of AI, and limit media concentration. The draft bill would regulate the use of generative AI in the media by ensuring news outlets label all content created using AI, and inform audiences about their use of generative AI. The bill would further clamp down on deepfakes, which can be used in exceptional circumstances to improve media literacy for educational purposes. Penalties for violations could reach EUR 20,000. In addition, the bill foresees the creation of a National Media Council, an independent body of experts whose role would be to protect the public interest in the media and debate media legislation, to be proposed by the government and appointed by the National Assembly. The bill will be open to public consultation until 31 January 2024.
Sources: Euractiv, Slovenia Times, STA, European News Room, Ministry of Culture
October 2023
Parliament initiates constitutional reform regarding judicial appointments
Parliament voted to initiate proceedings for constitutional amendments which would transfer the responsibility for final say on judicial appointments from the Parliament to the President. The Judicial Council would continue to select and propose candidate judges. The proposal, tabled in September 2022, was approved with 61 votes in favour and 25 votes against and is intended to safeguard judicial independence. Judges would be subject to a three-year probation period, as opposed to the present system of automatic lifetime appointments. The changes would not apply to Constitutional Court judges. As a next step, the parliamentary constitutional commission is tasked with finalising the draft bill before it is put to a vote in Parliament. The EU’s recent Rule of Law report encouraged Slovenia to ensure that the reform contains adequate safeguards for judicial independence. Experts have said that the President’s discretionary power for judicial appointments must be constrained, proposing an obligation to justify any decision to reject a candidate.
Sources: STA, Euractiv, Inside Slovenia, Government of Slovenia, European Commission
June 2023
Law on management of public broadcaster passes constitutional review
The Constitutional Court approved the passing of amendments to the law on public broadcaster Radiotelevizija Slovenija (RTV SLO) after reviewing contested parts of the law. In May, the Court lifted a temporary suspension which had blocked the implementation of amendments to restructure the management of RTV SLO. That amendment transferred management to a council appointed by civil society representatives and RTV SLO employees, whereas the previous supervisory board members were appointed by the National Assembly. Media freedom groups lauded the ruling as enabling the public broadcaster to “rebuild its editorial independence and carry out its public service mission free from political interference,” while noting remaining challenges including a staffing crisis, funding problems, and public distrust.
Sources: Article19, RTV SLO, Voice of America
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