Varuh ДЌlovekovih pravic

The Constitutional Court unanimously upheld the Ombudsman’s objection and repealed the article of the Financial Administration Act

The Human Rights Ombudsman (Ombudsman) welcomes the decision of the Constitutional Court of the Republic of Slovenia, which, in the constitutionality assessment procedure initiated at the Ombudsman's request, decided to repeal Article 18a of the Financial Administration Act (ZFU). The Ombudsman last March submitted a request for assessment of the constitutionality of the mentioned article, as it stipulated a new authorisation of the Financial Administration of the Republic of Slovenia to use technical devices for obtaining data on the location and movement of goods (GPS tracking devices) when conducting financial investigations. After examining the law, the institution of the Human Rights Ombudsman concluded that the aforementioned authorisation is not in accordance with as many as five articles of the Constitution of the Republic of Slovenia. It is a violation of Articles 2, 15, 23, 35, and 38 of the Constitution.

"I am satisfied that the Constitutional Court unanimously approved the expert arguments of the Ombudsman, because in our opinion Article 18a of the Financial Administration Act was an invasion of privacy, which is a constitutionally guaranteed human right. This decision of the Constitutional Court contributes significantly to the understanding of the importance of clarity and specificity of the legal regulation that governs interference with human rights and the right to privacy in a democratic society, so I expect decision-makers and drafters of legislation to take these standards into account in their work in the future. The institution of the Ombudsman plays an important role in monitoring the authorities and warning of human rights violations, as well as ensuring the constitutional compliance of regulations in Slovenia," stresses Ombudsman Peter Svetina.

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