| Guarantees of the Independence of the Judiciary: the Slovenian Experience |
| Fascicolo 2010-4 |
| Scritto da Mavčič Arne Marjan |
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Sommario 1. Introduction. – 2. Organization and jurisdiction of the courts. – 3. Judges. – 3.1. The judicial appointment procedure. – 3.2 The permanent nature of judicial appointments. – 3.3. Judicial immunity. – 3.4. Incompatibility of judicial office. – 4. The independence of judges. – 5. Constitutional case-law regarding the independence of judges.
Abstract This article illustrates the guarantee of independence of the judiciary introduced in Slove- nia under the 1991 Constitution after the collapse of the Socialist system and the transition to democracy. After having recalled the general principles, the author considers the procedures for appointing judges, the role assigned to the Slovenian Judicial Council, as well as the vari- ous institutions that guarantee the external independence of the courts. The last part of the study analyses the case law of the Constitutional Court in this area. |