Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 310
Initiative accepted and completed: '2014-04-16'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2014-03-31'
Initiative published: '2014-03-31'
Initiative submitted: '2014-03-28'
Response from the competent authority: 'Reply of the Ministry of Justice: the Law
  on Enforcement and Insurance (Official Gazette of the RS, No 3/07 et seq.; hereinafter:
  the EPL) stipulates that the lawyer, notary, executor and the State Advocate''s
  Office must file all applications and other documents in electronic form (eighth
  paragraph of Article 29(1) of the Law on Enforcement and Insurance). Article 29(10)
  of the ZIZ), while the rules on incomplete applications do not apply to the application
  and it is rejected by the court (Article 29(10) of the ZIZ), the Act on Amendments
  and Additions to the Act on Enforcement and Security - ZIZ-H (Official Journal of
  the Republic of Slovenia, No. 51/10) provides in Article 36 that the provisions
  on mandatory electronic filing shall only apply once the technical conditions for
  implementation are ensured. When the technical conditions are met, the Minister
  responsible for justice shall issue a decision setting the date from which the provisions
  shall apply. The decision shall be published in the Official Gazette of the Republic
  of Slovenia. To date, the Minister has not issued a decision to the effect that
  electronic filing is not mandatory for lawyers, notaries, bailiffs and the State
  Attorney''s Office in enforcement and security proceedings. In the authentic instrument
  enforcement procedure, which is administered by the Central Authentic Instrument
  Department - COVL, the electronic filing of enforcement applications is also not
  mandatory, since (since the COVL''s inception in 2008) it has also been possible
  to file such applications in writing, in paper form. Nevertheless, the vast majority
  of authentic instrument enforcement applications are filed electronically, 99.41%
  according to the most recent data. The draft Law on Amendments and Additions to
  the Law on Enforcement and Security, which is undergoing inter-ministerial and expert
  coordination, foresees a change in the regulation of electronic filing by lawyers,
  notaries, bailiffs and the State Advocate''s Office, so that it will be defined
  as an option and no longer as an obligation. As a consequence, the issuance of a
  decision under Article 36 of the ZIZ-H is not foreseen. Experience with the electronic
  filing of applications for enforcement on the basis of authentic instruments shows
  that it is not necessary to make it mandatory in order to make electronic filing
  mandatory. The Regulation on forms, types of enforcement and the course of the automated
  enforcement procedure (Official Journal of the Republic of Slovenia, No 104/11)
  extended electronic filing, which was previously only available for applications
  for enforcement on the basis of a authentic instrument, to other applications in
  enforcement proceedings (as optional). With regard to electronic service, we would
  like to clarify that, pursuant to the Order on the determination of the date from
  which lawyers and executors in enforcement and enforcement proceedings are to be
  served electronically (Official Journal of the RS, No 6/14), lawyers and executors
  in enforcement and enforcement proceedings in which the district court has jurisdiction,
  where the security is not decided in the context of litigation or other court proceedings,
  are to be served electronically as from 10 February 2014.'
Text file: 310.txt
Title: Applying electronically to become a lawyer
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=310
