Slovenian Legal System

Legal system in Slovenia

Slovenia is a civil law jurisdiction with a codified system of law and a strong influence of German Law and legal order. This influence has rather historical roots seeing that Slovenia was for a long time a part of the Austrian Empire. In the post war time the law was transformed after the socialist models when the territory joined the Yugoslav republic. The impact of the institutes such as socialized property, socialistic self-management, protection of workers and lower social class can still be found in the legal system today.

The cornerstones of current Slovenian legislation are the Constitution, Code of Obligations, Law of Property Code, Civil Procedure Act, The Criminal Code and Criminal Procedure Act. It should be noted, however, that becoming a member of European Union (and consequently taking over aquis communitaire) influenced Slovenian legislation as well and resulted in several acts that were adopted as a sole consequence of this membership and unique relationship between the state and the EU.

As a country with civil law system, court decisions have no formal value of a precedent. Judgments bind only the parties to the respective proceedings. Nonetheless, in practice judicial decisions have de facto precedence and lower courts will generally follow the case law adopted by higher courts. Slovenian codes should therefore always be interpreted in accordance with the case law of the highest courts, especially Supreme Court.