Enforcement procedure
My bank account is blocked due to an enforcement proceeding. Due to the extreme measures taken in relation to the COVID-19 epidemic, I will receive certain benefits based on the Mega COVID-19 Law. Will these benefits be exempt from the enforcement proceeding?

In accordance with the Mega COVID-19 Law, all benefits paid according to it`s provisions are exempt from enforcement proceedings based on Claim Enforcement and Security Act. These benefits are also exempted from the bankruptcy estate in the proceedings of a personal bankruptcy.

A final writ of enforcement was issued against me in the beginning of November 2020, before the COVID-19 epidemic. Do enforcement proceedings deadlines run during the epidemic and is the court in the meantime carrying out any activities in relation to my enforcement proceedings?

In accordance with the Supreme Court Order from November 16, 2020 procedural time limits did not run, except in cases where a child’s benefit is in question. However, this is just a temporarily measurement, therefore, you should carefully monitor the running of deadlines.

In accordance with the Act Determining Intervention Measures to Assist in Mitigating the Consequences of the Second Wave of COVID-19 Epidemic of 29 December 2020, the execution of any enforcement orders that are subject to enforcement proceedings has been postponed from the date of 31th of the December 2020 onward in cases where the debtor is a natural person, only if the present case does not represent an urgent matter, which is decided by court even at a time of an epidemic, and only if the present case is not dealing with the enforcement of the claim for child maintenance and compensation for lost child maintenance due to the death of the maintenance payer. The above-mentioned measure was initially valid until 31 January 2021 and the Government of Slovenia subsequently first extended its validity until 17 March 2021, finding that the reasons that were the basis for its adoption still exist and later further extended its validity until 18 April 2021, in accordance with the declaration of the epidemic.

The Government of the Republic of Slovenia has not decided to further extend the suspension of enforcement proceedings against natural persons, so the measure of statutory suspension of enforcement will only apply until 18 April 2021. After this date, enforcement proceedings will be carried out in accordance with the provisions of the Enforcement and Security Act.

Deadlines in judicial and administrative matters
In bankruptcy proceedings against the debtor, I did not file a timely objection to the list of tested claims due to the COVID-19 epidemic. Can I still file an objection if the court has not yet issued a decision examining the claims?

Pursuant to new amendments of the ZZUSUDJZ, the court shall consider and decide on the application, motion, statement, objection, other procedural act or document submitted, even if the party has missed the deadline or was was absent during the hearing from reasons directly related with the COVID-19 epdemic, and the court has not yet made a decision. The client must also show a reason for the delay when filing an application, proposal, statement, objection, performing another procedural act or submitting a document.

The court will not consider those applications, motions, statements, objections, other procedural actions and documents submitted which, despite a justifiable reason for the delay (ie for a reason directly related to the COVID-19 epidemic), will be filed with the court after the court has already made a decision.

A lawsuit was filed against me, which was served on March 27, 2020. Do I have to reply to the lawsuit within the prescribed time limit (30 days)?

Pursuant to the ZZUSUDJZ and the Supreme Court Order from March 13, 2020 procedural time limits (including the deadline for responding to a lawsuit) do not run in court cases lodged after March 16, 2020 unless the issue at hand is conidered an urgent matter (eg bills of exchange).

Pursuant to new amendments of the ZZUSUDJZ, courts may also rule on and serve court documents in cases which are not urgent and which are not considered urgent in accordance with the orders of the President of the Supreme Court, provided that the courts can ensure the performance of these acts without risk of spreading the COVID-19 virus and ensure the health and life of people.

Courts will therefore be able to rule and serve documents in cases that are not considered urgent. However, there are no time limits for the duration of these measures until the reasons for them expire, or until 1 July 2020 at the latest, in cases which are not considered urgent.

I received an administrative decision in the mailbox although it should have been served to me personally. Was I served properly?

According to the amendments of ZZUSUDJZ decisions, orders and other documents which are to be served in person in administrative matters which are not urgent, shall be served by filing in the inbox, post box or electronic mailbox of the addressee.

When is my administrative writing considered to be served?

Service is considered to be effective on the sixth working day from the date of dispatch. If served abroad in physical form, the service is considered effective on the twentieth working day from the date of dispatch, unless the addressee of the decision, order or other document did not receive it or received it later.

In case of doubt as to whether the addressee has received the decision, order or other document because there is no evidence of service, it shall be re-served.

Despite emergency measures, can I expect to have an interview with an official in the administrative process of obtaining a work permit?

Yes. Pursuant to the new amendments of the ZZUSUDJZ, oral hearings and other procedural actions where an official, party or other participant can be in direct contact shall also be carried out even in matters which are not considered urgent, if there is no risk of spreading the COVID-19 virus and health of an official, customer or other participant is ensured.

The deadline for submitting a written statement in administrative procedure expires on April 1, 2020. Do I have to submit a written statement on April 1, 2020?

No. According to ZZUSUDJZ, all procedural and substantive deadlines are suspended in administrative and other public matters, unless in urgent matters. This means that while special measures are in place, the deadlines do not run, and are extended to expire on the eighth day after special measures cease to have effect.

However, the deadlines are not suspended in individual cases, if there is a danger to life and public health, public law and order, public safety, private property of significant value, if livelihood of a party in the procedure depends on the decision, if enforcement of other rights depends on the decision, and if this is necessary for effective execution of powers for the purposes laid down by ZZUSUDJZ. In such cases, administrative authority must expressly notify the parties in an order, decision or other document about such a deadline.

Considering all of the above, the deadline for submitting a written statement, when the matter is not urgent and you have not been notified about a continuation of a deadline by the administrative authority, will expire on the eighth day after the special measures have ceased.

The 60-day deadline to lodge a constitutional complaint with the Constitutional court of the Republic of Slovenia expires on April 1, 2020. Do I have to lodge a constitutional complaint until April 1, 2020?

No. According to ZZUSUDJZ, the deadlines for lodging a constitutional complaint are suspended.

I received a speeding ticket on April 1, 2020. Do I have to file a request for the protection of legality in 15 days?

No. According to ZZUSUDJZ, the deadlines in minor offence matters are suspended for the duration of special measures. This applies to substantive deadlines (such as prescription) and procedural deadlines (such as deadline for the beginning of procedure, appeal or request for judicial protection).

If this was an urgent matter (if there existed a danger to life and public health, public law and order, public safety, private property of significant value, if livelihood of a party in the procedure depended on the decision, if enforcement of other rights depended on the decision, and if this was necessary for effective execution of powers), deadlines for minor offences would run. Authorities can begin or continue with the minor offence procedure against the offender even while special measures are in force. The offender must be notified of such a decision.

All of the above does not apply to the judicial phase of the minor offence procedure, if such a procedure does not qualify as an urgent (judicial) matter in accordance with Article 83.a of the Courts Act and ZZUSUDJZ.

Considering all of the above, the deadline for filing the request for judicial protection will begin to run on the first day after the special measures cease to have effect.

I have received the summons to serve prison sentence. According to the summons, I have to report at the prison on April 1, 2020. Do I have to start my prison sentence on that day?

No. According to ZZUSUDJZ, the procedures regarding serving prison sentences, which have already been initiated, are suspended and new procedures are not initiated.

However, this only applies if you are currently not incarcerated and are therefore not in detention or prison. If you are incarcerated and were sentenced for a different crime, this does not apply and the procedures can continue.

My prison sentence will expire in six months. When can I request an early release?

According to currently applicable legislation (before ZZUSUDJZ was adopted), the convict could be released three months before his sentence expired. According to ZZUSUDJZ, the warden can grant an early release six months before the expiry of the prison sentence.

A notice of the initiation of bankruptcy proceedings against a company, that owed me 30.000,00 EUR, was published on January 1, 2020. The notice contains a call to creditors to file their claims in bankruptcy proceedings within three months following the publication of the notice. Does this deadline expire on April 15, 2020 despite the epidemic?

No. In accordance with the decree of the Supreme Court dated 30.03.2020, with which further restrictions on urgent matters, dealt by the courts during the epidemic were established, enforcement proceedings and bankruptcies are not urgent matters. Therefore, the deadline does not expire on April 15, 2020.

Functioning of courts
May I access the courts files during the epidemic in my case and acquire photocopies of the files?

No, unless your case is an urgent matter, with which the courts are also dealing during the epidemic. In all other non-urgent matters, the entry to court buildings is not allowed. All requests, claims and applications have to be submitted by post or through the e-Judiciary portal (system eSodstvo) in proceedings where this is possible and all communication with the court is only possible by e-mail and telephone during office hours. You can, therefore, request the photocopies via e-mail and the court may send it to you via-email or regular pots. However, in urgent cases, the parties, their proxies and other persons who wish to have information relating a court procedure must notify the court regarding their arrival to the court in advance via e-mail or telephone numbers during office hours.

I was summoned by the court as a witness in criminal proceedings where the defendant is in detention. Will the court do proceed with the hearing despite the epidemic and do I have to come to the court and testify in person?

Pursuant to a decree of the Supreme Court, judicial investigations and trials in criminal cases in which a defendant is arrested or otherwise subjected to any restriction of his or her freedom is an urgent matter, therefore, the court will proceed with the hearing. However, if there are suitable technical and spatial possibilities, the courts are obliged to carry out such a hearing via videoconference. We, therefore, advise you to inquire about the possibility of testifying via videoconference. The e-mail and telephone number, via which you may contact the court, can be found on the court’s website.

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