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Resolutions of the National Assembly of the Republic of Slovenia


 The National Assembly of the Republic of Slovenia on the occasion of its reading of the 1997 report of the Human Rights Ombudsman, passed the following Resolutions:

1. The National Assembly of the Republic of Slovenia has been acquainted with the third regular annual report of the Human Rights Ombudsman for 1997.

2. The National Assembly supports the Human Rights Ombudsman, who with his decisive measures and work within the framework of his powers ensures and encourages a high level of awareness that the respecting and protection of human rights and fundamental freedoms is one of the most important basic values of every democratic society.

3. The National Assembly supports the Human Rights Ombudsman’s assessments that the functioning of the state as a state governed by the rule of law is still not satisfactory in certain sectors of the life of society, in relation to which it is worth highlighting in particular the unfinished state of legislation and the long duration of legislative, court and administrative procedures.

4. The National Assembly supports the Human Rights Ombudsman’s recommendation that the country should establish a maintenance fund to provide maintenance for children for whom the party liable for maintenance payments fails to pat maintenance, and at the same time provide for the collection of unpaid maintenance from the liable party.

5. The National Assembly proposes that from the point of view of the good of children the possibility should be studied of establishing a special Ombudsman for the Rights of the Child.

6. The National Assembly draws attention to the Human Rights Ombudsman’s finding that the Convention on the Rights of the Child, by which Slovenia is bound, is not being observed to a satisfactory extent in the direct practice of bodies deciding on children’s rights. For the protection of children’s rights it would sensible to introduce appropriate forms of representation and advocacy for children. This would also abolish the dual role of social services centres which carry out professional social and protection work and at the same time administrative work on the basis of public authorisations.

7. The National Assembly finds that there is a need for reorganised legal aid for persons who are unable to pay high lawyer’s fees, especially in complaints claims for maintenance or for the division of property after the break-up of a marriage, in labour disputes and in the exercising of the rights deriving from medical and pensions insurance.

8. The National Assembly proposes the preparation as soon as possible of a non-statutory act in accordance with Article 78 of the Law on Environmental Protection which will regulate the liability to pay compensation, or so-called ‘ecological duty’, of persons causing harm to, devaluation of, or danger to the environment and thus to health.

9. The National Assembly finds that given the unemployment situation and the frequency of bankruptcies it will be necessary to devote more attention to the exercising of the right to work.

10. The National Assembly finds that the resolutions passed at the 7th session of the National Assembly on 19 November 1997, on the occasion of the reading of the first and second regular annual reports of the Human Rights Ombudsman for 1995 and 1996 respectively, have not been put completely into effect. It therefore proposes to the Government of the Republic of Slovenia that, with regard to the excessive slowness in addressing certain systemic problems because of which the situation with regard to the protection of human rights in certain areas is not improving, it takes measures as soon as possible in certain areas and prepares a plan of measures for removing the causes of violations of human rights and fundamental freedoms.

11. The Government of the Republic of Slovenia should ensure that the tax administration shortens lengthy tax procedures and consistently observes the prescribed deadlines for making its rulings.

12. The Government of the Republic of Slovenia should ensure that the tax administration rules on appeals against tax rulings of the first instance within the legal deadline, and that the state and taxpayers are in the same position as regards the payment of late-payment interest.

13. The Government of the Republic of Slovenia should ensure that the tax administration explains its rulings on the rejection of requests for the writing-off of tax debts in such a way as to permit the understanding of the criteria on the basis of which the positive or negative ruling was arrived at.

14. The National Assembly proposes to the Government of the Republic of Slovenia that in preparing measures for greater efficiency of the courts it should study and propose forms and methods of transferring certain cases from the courts to other institutions, including non-judicial forms of resolving disputes.

15. The National Assembly of the Republic of Slovenia proposes to the Government of the Republic of Slovenia that it prepare and send to the National Assembly as soon as possible a draft of the national housing programme, the first reading of which was completed by the National Assembly at its 6th regular session on 11 September 1997.

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