Area: Poslovni SOS
Competent authority: MP
EZU URL: .nan
Initiative ID: 629
Initiative accepted and completed: '2015-08-20'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-08-03'
Initiative published: '2015-08-03'
Initiative submitted: '2015-07-16'
Response from the competent authority: 'RESPONSE OF THE MINISTRY OF JUSTICE: The land
  registration procedure is governed by the current Land Registry Act, which establishes
  the principle of speed as one of the fundamental principles of the land registration
  procedure in Article 121. Speed of entry in the Land Register is necessary for the
  land register to reflect the true situation, which ensures legal certainty. Only
  the registered holder of the right can dispose of the immovable property, which
  can normally only be obtained from the land registry ancestor. Such solutions also
  create the basis for bona fide third parties to be protected in their confidence
  in the land registry situation. Entries in the land register are decided by the
  land registry court. The Ministry, as an administrative body which is part of the
  executive branch of government and as such separate from the judicial branch of
  government, may not interfere in court proceedings and assess the decisions of judges,
  as any such interference would be unconstitutional (Article 23(1), Article 125 and
  the second sentence of the second paragraph of Article 3(2) of the Law on Land Registration,
  Article 23(2) of the Law on Land Registration and Article 125(2) of the Law on Land
  Registration).  With regard to the client''s allegations concerning the lengthy
  land registration procedure, we would like to clarify that the special Act on the
  Protection of the Right to a Trial without Undue Delay (ZVPSBNO) has already been
  applicable since 1 January 2007, since both the Constitution of the Republic of
  Slovenia and the European Convention on Human Rights provide for the right of everyone
  to have his rights and obligations and the charges against him decided without undue
  delay or within a reasonable time.With regard to the length of court proceedings,
  if the parties to the proceedings consider that the court is unnecessarily delaying
  its decision, they have the possibility of expeditious remedies (supervisory appeal,
  time-limit motion) on the basis of the aforementioned law. The 2014 Court Statistics
  Bulletin shows that land registration claims are resolved within 0.2 months on average
  (Table 468), and the parties are therefore advised to make use of this expeditious
  remedy. The party does so by submitting a supervisory complaint with all the mandatory
  elements to our Ministry or directly to the court hearing the case: - the personal
  name or business name or other title of the party, - the address of his/her permanent
  or temporary residence or registered office, - the personal name or business name
  or other title of the agent or attorney, - the address of the attorney''s permanent
  or temporary residence or registered office, - the name of the court hearing the
  case, - the case reference number or the date on which the case was filed with the
  court, - a statement of the circumstances or other information relating to the case
  which show that the court is unnecessarily delaying its decision (the circumstances
  and information must be specific, relevant and reasoned and must show, at least
  on the balance of probabilities, that the court is indeed unnecessarily delaying
  its decision); and - the handwritten signature of the party, representative or attorney.
  The supervisory appeal does not have to be lodged through a lawyer. The supervisory
  appeal shall be decided by the President of the Court. The President of the Court
  may: 1. dismiss the supervisory appeal by order if: - it is manifestly unfounded,
  - if he or she finds that the Court has not delayed in deciding the case, 2. or
  dismiss it by order if: - it does not contain all the mandatory elements or the
  necessary information, 3. or dismiss it by order if: - it does not contain all the
  mandatory elements or the necessary information. If the supervisory appeal is not
  dismissed or is dismissed, the President of the Court may request a report on the
  reasons for the duration of the proceedings and: - inform the party that the appropriate
  procedural steps will be taken within a period not exceeding four months or a decision
  will be given within that period, - order by order a time-limit for the appropriate
  procedural steps to be taken in the light of the situation and the nature of the
  case, - if the case is urgent or the circumstances so require, - if the case is
  urgent or the circumstances so require, - order a time-limit for the appropriate
  procedural steps to be taken, if the unnecessary delay is due to the overload or
  prolonged absence of a Judge, refer the case to another Judge, propose the assignment
  of an additional Judge, or order other measures to reduce the backlog, in accordance
  with the law. If the supervisory appeal is upheld, the party may seek just satisfaction
  from the State Advocate''s Office: - by payment of compensation for the damage caused
  by the violation of the right to a trial without undue delay, - by a written statement
  from the State Advocate''s Office that your right to a trial without undue delay
  has been violated, - by publication of the judgment that your right to a trial without
  undue delay has been violated. For more information on the supervisory complaint,
  please visit the Ministry''s website, where there is also a recommended form for
  lodging a supervisory complaint, at http://www.mp.gov.si/si/delovna_podrocja/pravosodna_uprava/nadzorstvene_pritozbe/,
  or under ''Work areas'', ''Judicial administration'', ''Supervisory complaints''.'
Text file: 629.txt
Title: Separation Agreements - long waiting times for e-filing to be assigned to the
  competent court and for cases to be resolved
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=629
