Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 343
Initiative accepted and completed: '2014-06-23'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2014-06-02'
Initiative published: '2014-06-02'
Initiative submitted: '2014-06-02'
Response from the competent authority: Answer from the Ministry of Justice:A court
  clerk is an employee of a court who, as an independent judicial assistant or senior
  judicial assistant, is competent, inter alia, to independently conduct proceedings
  and take decisions in matters of the court register, pursuant to Article 53a of
  the Courts Act (Official Gazette of the Republic of Slovenia, No.94/07 - Official
  consolidated text, 45/08, 96/09, 86/10 - ZJNepS, 33/11, 75/12 - ZSPDSLS-A and 63/13).
  The composition of the court in matters of the court register at first instance,
  or the personal jurisdiction, is governed by Article 11 of the Act on the Court
  Register (Official Journal of the RS, No 54/07 - Official consolidated text, 65/08,
  49/09 and 82/13 - ZGD-1H). The court registrar is competent to rule on all motions
  in matters of the court register, except for those on which the court registrar
  is competent to rule pursuant to paragraph 11(1) of Article 11(1) of the Act. The
  case referred to in the petition concerns the procedure for registration in the
  Court Register, specifically the registration of the name of a new legal entity.
  The name is governed by the legal rules of Chapter 2 of Part I of the Companies
  Act (Official Gazette of the Republic of Slovenia, No. 65, as amended)./Article
  23 of the Commercial Companies Act regulates the legal protection of the company
  name, inter alia, by providing that the registration authority may refuse an application
  for registration of a company name that contravenes the provisions of this Chapter
  or that is not clearly distinguishable from companies already registered in the
  Republic of Slovenia.The Registrar shall be bound by the Constitution and the law
  when making decisions, as a judge is when exercising judicial functions. The court
  clerk, like a judge, must always act as if he had before him an indefinite number
  of cases of the same kind. He must decide on rights (e.g. on a proposed registration)
  without undue delay, independently and impartially (see, mutatis mutandis, Article
  3 of the Courts Act). According to Article 11(2) of the Court Register Act, an appeal
  against the decision of the judicial registrar is allowed within eight days of service.
  In this way, on the one hand, a legally correct decision is ensured in a particular
  case and, on the other hand, a uniform case-law is established for the relevant
  cases.
Text file: 343.txt
Title: Verification of company name
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=343
