Do I have to attempt an amicable settlement before filing a lawsuit against the state in Slovenia?
Yes. Under Slovenian law, there is a statutory obligation to attempt an amicable settlement before bringing a case against the Republic of Slovenia to court.
What is the legal basis for the amicable procedure?
The legal basis is Article 25 of the State Attorney Act (Zakon o državnem odvetništvu – ZDOdv).
According to this provision, anyone intending to initiate civil or other legal proceedings against the Republic of Slovenia must first submit a request for an amicable settlement to the State Attorney (Državno odvetništvo).
Is the amicable procedure voluntary?
No. Attempting an amicable settlement is mandatory and constitutes a formal prerequisite for the admissibility of a lawsuit.
Failure to submit the request to the State Attorney in advance results in the court rejecting the lawsuit for formal reasons.
What happens if I file a lawsuit without the amicable procedure?
If a claimant files a lawsuit against the Slovenian state without first attempting an amicable settlement, the court is obliged to reject the case.
The case will not be considered on its merits.
How long does the State Attorney have to review the request?
The State Attorney of the Republic of Slovenia usually has 30 days to respond to a request for an amicable settlement.
Only after this period expires without resolution or in the case of refusal, can the claimant proceed to file a lawsuit in court.
What is the purpose of this procedure?
The purpose of the regulation is in particular:
- to relieve courts by resolving disputes at the pre-litigation stage
- to protect public interest and state budget
- to allow recognition of justified claims without litigation
- to apply the subsidiarity principle – court as a last resort (ultima ratio)
Does the amicable procedure affect an ECHR complaint?
Yes. Exhaustion of domestic remedies, including the amicable procedure, is crucial when submitting a complaint to the European Court of Human Rights.
Failure to undergo this procedure may result in the ECHR considering the complaint inadmissible.
Settlement or Court Proceedings in Slovenia?
If the amicable procedure with the State Attorney does not lead to a satisfactory resolution, the affected person has the right to initiate court proceedings against the Republic of Slovenia.
In such cases, we offer organizational and substantive assistance in establishing cooperation with a law firm handling compensation claims in Slovenia, including support in preparing documentation and coordinating contact.