Supreme Court Directive on special measures regarding the Coronavirus
Today, 13 March 2020, the Supreme Court of the Republic of Slovenia, for reasons the of emergence of an extraordinary event, i.e. the epidemic contagious disease SARS-CoV-2 (COVID19) – coronavirus, passed the Directive on special measures, according to which starting from 16 March 2020, all courts will only be able to hold court hearings and make decisions in urgent matters, as regulated by Article 83 of the Courts Act.
According to the abovementioned Article 83 of the Courts Act, the following matters are considered urgent:
– investigations and court trials in criminal matters in which the accused person is detained or their liberty is otherwise limited and in criminal matters of foreigners who do not reside in the Republic of Slovenia,
– proceedings in security matters,
– claim enforcement proceedings regarding the education and care of children and alimony obligations from marriage,
– non-contentious matters on detaining of persons in psychiatric medical organizations,
– bill of exchange and cheque protests and bill of exchange lawsuits,
– disputes regarding the publication of the correction of the published information,
– inventory of the testators succession,
– matters concerning compulsory settlement proceedings and bankruptcy proceedings,
– other matters, as stipulated by law.
All fixed dates for hearings in matters that do not fall under the abovementioned urgent matters are cancelled.
Excluding the periods in the abovementioned urgent matters, the procedural periods are suspended, including the delivery of court consignments. If a court consignment has been delivered, the procedural period starts running the day after these special measures expire.
It is envisaged that the Directive and its measures should last until a publicly announced revocation, but until no later than 16 May 2020 (as the law limits the duration of the measures to a maximum of two months).
We would especially like to emphasize that the Supreme Court Directive affects only procedural periods, not substantive law preclusive periods as well, such as the:
– period for exercising the judicial protection of workers from an employment relationship, e.g. action for the illegality of cancellation;1
– period for filing an action to exercise rights from pension and disability insurance (social conflict);2
– period for filing an action to exercise rights from insurance against unemployment;3
– period for filing an action for the inadmissibility of claim enforcement from Article 65(3) of the ZIZ.4
In any event, we recommend you consult the time periods in case of any doubts, as missing the substantive law deadline will result in the loss of the right.
Except in the previously listed urgent matters, during the period of the extraordinary measures, clients, their representatives or other persons:
– cannot enter judicial premises;
– can only file applications via mail or the online eSodstvo portal in the matters that enable this;
– must use the published e-mails and telephone numbers to communicate with the courts during business hours.
1. Decision VSRS VIII Ips 304/2005, Decision VSRS VIII Ips 252/2006.
2. Decision VIII Ips 180/2006 of 25 October 2007.
3. Decision VIII Ips 106/2007 of 25 March 2008.
4. Decision VSM I Sp 394/2009 of 19 May 2009.