The courts of first instance for civil cases in Slovenia are the local courts (okrajna sodišča) and district courts (okrožna sodišča), while the high courts (Višja sodišča) are the courts of second instance. Slovenia has 44 local courts, 11 district courts and 4 high courts. The Supreme Court (Vrhovno sodišče) generally decides on extraordinary legal remedies and, in some cases, is the court of third instance. Slovenia has 4 other courts of first instance - 3 labour courts (delovna sodišča) and 1 social court (socialno sodišče), which adjudicate either at the seat of the court or in its external departments. The High Labour and Social Court (Višje delovno in socialno sodišče) is the court that deals with individual and collective labour and social disputes at the second instance.
The district and local courts hear civil cases at the first instance. The local courts have jurisdiction for hearing the following civil cases: non-contentious matters, probate cases, enforcement and insurance of claims, and various litigation matters. Litigation matters falling under the jurisdiction of the local courts include adjudicating in property-law related claims where the value of the disputed property does not exceed SIT 2 000 000 (approx. €8 315); in disputes relating to trespass, easement, real encumbrance and disputes on lease or tenancy relations. Disputes under the jurisdiction of the local courts are heard by a single judge. District courts have jurisdiction for hearing the following civil cases: forced settlements, bankruptcy and liquidation; disputes over intellectual property rights; non‑contentious proceedings in cases provided for by law; recognition of the judgments of a foreign court and certain litigation matters. Litigation matters falling under the jurisdiction of the district courts include adjudicating in property-law related claims, where the value of the disputed property exceeds SIT 2 000 000 (approx. €8 315); disputes concerning the establishment or contestation of paternity or maternity; marital disputes; disputes concerning the legal obligation of maintenance; disputes concerning the custody of children; disputes concerning contacts between children, their parents and other persons; disputes concerning copyright and the protection or use of inventions and distinguishing marks or the right to use a company name, and disputes relating to the protection of competition; commercial disputes.
Applications for revision as an extraordinary legal remedy are made to the court which heard the case in the first instance.
Civil cases in the second instance are heard by the high courts, which have jurisdiction for determining appeals against decisions of the local and district courts and dealing with other cases laid down by law. The high courts sit in a panel of three judges. An appeal against a judgment in the first instance is allowed within fifteen days of the judgment being handed down, or eight days in the case of lawsuits concerning bills of exchange or cheques. Prompt submission of an appeal avoids the part of the judgment that is challenged acquiring the force of law. A judgment may be challenged on the grounds of a material infringement of civil procedure, erroneous or incomplete establishment of the facts or erroneous application of the substantive law.
In civil cases, judgments at third instance are given by the Supreme Court of the Republic of Slovenia, which has jurisdiction to adjudicate on appeals against judgments of the high courts, to take decisions relating to revisions and the protection of legality and to deal with other matters laid down by law. The Supreme Court sits in a panel of three judges, or five where the law so provides.
Slovenia has labour and social courts of first instance which adjudicate either at the seat of the court or in its external departments.
The labour court has jurisdiction in individual labour disputes: concerning the conclusion, existence, duration and termination of employment; between employees and employers or their legal successors concerning the rights, obligations and responsibilities arising from the employment relationship; concerning rights and obligations arising in connection with relations between employees and the clients they are contracted to work for under a contract between the employees and clients; between employers and applicants in connection with recruitment procedures; concerning industrial property rights and obligations arising between the employer and employee on the basis of the employment relationship; concerning work by children younger than 15, apprentices and students; between employers and students in relation to staff allowances; concerning unpaid probation periods and disputes relating to damages, for which the Labour Court has jurisdiction in accordance with the law, where the insurance company is one of the parties sued. The labour court has jurisdiction in collective labour disputes: between the parties to a collective agreement or between the parties to the agreement and a third party concerning the validity and execution of a collective agreement; in relation to competence for collective bargaining; concerning the compliance of the collective agreements with the law, compliance with other collective agreements, the compliance of employers' general acts with the law and with the collective agreements; concerning the legality of strikes and other forms of industrial action; concerning employees' participation in management; on the powers of trade unions in employment relations; in relation to the establishment of trade union representativity.
The High Labour and Social Court has its seat in Ljubljana where it adjudicates on matters at the second instance and is composed of a panel of three judges.
The Supreme Court rules on the revision of judgments in labour and social disputes.
Last update: 24-04-2007