Government against the temporary suspension of the implementation of certain articles of the act governing the transformation of Vzajemna

At today’s session of the Committee on the Economy, the Government of the Republic of Slovenia adopted an opinion on the proposal to temporarily suspend the implementation of parts of the Act on status transformation of Vzajemna health insurance company d.v.z. (ZSPVZZ). The Government proposes that the Constitutional Court primarily reject the proposal for a temporary suspension on the grounds of a lack of legal interest, and, alternatively, reject it as unfounded.

In late December of last year, Vzajemna filed a petition with the Constitutional Court for a review of the constitutionality of paragraphs two, three and four of Article 1, paragraphs one, two and three of Article 18, paragraph two of Article 19, paragraph three of Article 22, Article 24, and Article 26 of the ZSPVZZ, with a proposal to temporarily suspend their implementation.

The National Assembly has asked the Government to prepare an opinion on the suspension proposal, in particular from the perspective of the executive branch of government. In its opinion, the Government responds to the arguments put forward by the petitioner in the motion for a temporary stay of execution of the contested provisions of the ZSPVZZ.

The Government believes that the petitioner’s motion fails to prove the existence of harmful consequences that are difficult to remedy and that would justify a temporary suspension of the implementation of the contested articles of the ZSPVZZ. In the Government's view, the adverse consequences of the suspension would be greater for the members who had supplementary health insurance contracts with Vzajemna and for the Health Insurance Institute of Slovenia than the possible adverse consequences of non-suspension. The Government therefore proposes that the Constitutional Court primarily reject the proposal for a temporary suspension on the grounds of a lack of legal interest, and, alternatively, reject it as unfounded.

The Government will further comment on the substantive arguments concerning the constitutionality of the contested provisions of the ZSPVZZ.

Source: Ministry of Finance

Government consent to the 2024–2025 Business Plan of ARAO – Agency for Radioactive Waste Management

At the committee session, the Government gave its consent to the 2024–2025 Business Plan of ARAO – Agency for Radioactive Waste Management, adopted by the ARAO Management Board at its 43rd correspondence session on 16 November 2023.

In the years 2024 and 2025, ARAO's radioactive waste (RAW) management public service tasks will include the construction of a repository for low and intermediate level waste (LLRW) and initial activities to prepare LLRW from the Krško Nuclear Power Plant (NPP) for disposal. The construction of the LILW repository is a key task of the public service in the field of managing radioactive waste (RAW) arising from the production of electricity at the NPP, and institutional radioactive waste (IRAW) arising in the Republic of Slovenia from the use of radiation sources in industrial, medical and research activities. The LILW repository is planned for half of the LILW from the NPP and all of the IRAO. One disposal silo, technological and other facilities and associated infrastructure will be constructed.

The construction of the LILW repository will be managed by ARAO on behalf and for the account of the investor, which is the Government of the Republic of Slovenia. ARAO, as the representative of the investor (the contracting authority), will carry out the planning, procurement, monitoring and control of the services, as well as independent supervision on behalf of the contracting authority during the construction phase (super-supervision).

Source: Ministry of the Environment, Climate and Energy

Government response to the conclusions of the consultation on water retention and barriers

At the Committee on the Economy, the Government also adopted a response to the Conclusions of the National Council of the Republic of Slovenia adopted during the discussion on the Conclusions of the Consultation on Water Retention and Barriers – an Important Building Block of Environment and Society; Knowledge and Experience from Yesterday and Today for Successful Sustainable Development.

Based on the presentations and discussions at the consultation, conclusions were drawn on water retention, water resources planning, hydro power as the cleanest form of renewable energy, maintaining the design use of retention basins and barriers, maintenance of barriers, siting of barriers and retention basins, and the construction of retention basins and sediments.

The Government proposes, among other things, that natural phenomena should be dealt with as holistically as possible and that priority should be given to preventive measures, with the aim of reducing flood risks and achieving or maintaining good water status. In the context of water retention, retention basins are only one of the options for such measures, but water retention is important at the level of the entire river basin.

All environmental objectives, especially those related to the status of waters, must be taken into account when designing new retention basins. Wherever possible, new retention basins should be located outside the beds of watercourses.

The Government agrees with the conclusions that retention basins should continue to be used for their original purpose, whereby other uses which should not restrict their primary purpose should also be taken into account. The maintenance and rehabilitation of retention basins and barriers is carried out within the available budget funds, which can ensure that a certain basic condition of this infrastructure is maintained, but a permanent, long-term and sufficient source of funding is needed to ensure improved usability.

The Government also states that it has been noted that the amount of alluvium in the retention basins has been increasing over the years and that the volume of the retention basins is thus decreasing. It is therefore necessary to remove the alluvium in order to recover the lost volume. Prior to the removal of alluvium from the retention basins, physico-chemical analyses of the alluvium samples shall be carried out by an accredited laboratory.

Only alluvium contaminated with hazardous substances shall be treated as waste and handled in accordance with the Decree on Waste. If the analyses show that the alluvium is non-hazardous, it may be used in accordance with the provisions of the Water Act, depending on its chemical and mineralogical composition.

Implementing the principle of “more space for water” undoubtedly requires reconciling different interests and objectives within a space, which is why proper spatial planning is crucial. Taking into account the fact that water is a strategic raw material and, above all, a key natural resource for human survival, decisions that may in any way affect water resources must be subject to professional assessment from different perspectives, as also provided for in Article 70a of the Constitution, since water resources are a public good managed by the State and protected at the highest level.

Source: Ministry of Natural Resources and Spatial Planning

Government's response to the Conclusions of the National Council’s Commission for Agriculture, Forestry and Food concerning the consideration of the current implementation of the extreme measure of seizing animals

The Government has also adopted a response to the Conclusions of the National Council’s Commission for Agriculture, Forestry and Food of 20 November 2023 concerning the consideration of the current implementation of the extreme measure of seizing animals from the Možgan farm.

In its response, the Government of the Republic of Slovenia points out that the animal keepers are primarily responsible for ensuring that animal protection requirements are met. The animal protection requirements include appropriate husbandry conditions, which, among other things, comprise adequate living space, proper and balanced nutrition, adequate meeting of ethological needs and timely veterinary assistance.

Official controls or inspections in the field of animal protection are carried out by the official veterinarians of the Administration for Food Safety, Veterinary Sector and Plant Protection (AFSVSPP). If, in the course of carrying out official controls, they identify deviations that have or could have negative effects on animal health and welfare, it is essential that appropriate corrective actions are taken as soon as possible. The purpose of the corrective measures is to prevent an immediate risk to the health and life of the animals and to ensure that the animals are provided with adequate living conditions. If corrective measures cannot be taken on the property of the animal keeper, official veterinarians have the power, in accordance with the Animal Protection Act, to permanently remove the animals. In urgent cases, official veterinarians also have the power to conduct an inspection and take any necessary measures without the presence of the liable party in order to protect or avert danger to human and animal health. This is an exception to the provisions of the General Administrative Procedure Act, which is laid down in the Veterinary Compliance Criteria Act.

With regard to the specific procedure referred to by the members of the National Council in their petition, the Government of the Republic of Slovenia explains that it is aware that an appeal has been lodged by the liable party against the decision of the official veterinarian. It is also aware that the case has been the subject of an inspection by the Public Administration Inspectorate and that the AFSVSPP has carried out an extraordinary verification of the official control.

On the basis of the inspection thus carried out, the Public Administration Inspectorate called on the AFSVSPP to strictly comply with the provisions of the Veterinary Compliance Criteria Act, the Animal Protection Act, the Inspection Act, the General Administrative Procedure Act and the Decree on Administrative Operations, and proposed that, in view of the ascertained repeated breaches of the administrative procedure rules, which constitute serious violations, as they result in an evident deprivation of the rights or the legal benefits of the parties, disciplinary proceedings should be initiated against a specific official.

As part of the extraordinary verification, the AFSVSPP found that instances of non-compliance with the General Administrative Procedure Act, the Inspection Act, the Animal Protection Act and the Veterinary Compliance Criteria Act occurred during the control procedure concerning the liable party, who was the subject of inspection due to animal welfare infringements.

On 22 December 2023, in connection with the appeal filed by the liable party against the decision of the official veterinarian, the second-instance authority (the Ministry of Agriculture, Forestry and Food) granted the party's appeal and annulled the decision, referring the case back to the first-instance authority for reconsideration. The Ministry reviewed the contested decision within the limits of the appellant’s allegations, paying particular attention, ex officio, to whether significant breaches of the rules of procedure took place and whether substantive law had been correctly applied, in accordance with the provisions of the General Administrative Procedure Act. The AFSVSPP, as the first-instance authority, has already initiated a reconsideration procedure in the present case, which is still ongoing.

In its response to the National Council, the Government further stresses that it is aware of the importance of self-sufficiency and, in order to ensure food security, it will carry out research on the economic, environmental, climate and social implications of setting a minimum level of self-sufficiency and will, if necessary, approach amendments to the regulations on the effective protection of agricultural land. In this context, the Government noted that self-sufficiency targets cannot be a reason or justification for non-compliance with the applicable legislation. This applies in particular to animal protection legislation.

The Government will consider an initiative by members of the National Council to introduce controls over the activities of NGOs in the area of donation collection.

Source: Ministry of Agriculture, Forestry and Food

Government responds to an initiative on the issue of space in schools for children and adolescents with special needs

At today's session of the Committee on State Regulation and Public Affairs, the Government of the Republic of Slovenia adopted a response to the initiative of the National Council's Commission for Education, Culture, Science, Sport and Youth and the Commission for Local Self-Government and Regional Development on the issue of spatial capacities in schools for children and adolescents with special needs.

On 6 December 2023, at its 12th session, the National Council adopted a decision that the Ministry of Education should provide public primary schools with comprehensive support in the development of individualised programmes and additional specialist support for pupils with special needs in the context of the educational process, thus enabling public primary schools to ensure the conditions for the achievement of the optimal development of children with special needs and their successful completion of primary education.

The Government points out that the National Education Institute has prepared Guidelines for the Preparation and Monitoring of an Individualised Programme for Children with Special Needs in a Nine-year Primary School Programme with Adapted Provision and Additional Specialist Support to support the education staff. The Guidelines are designed to be used by the education staff in adapted primary school programmes, special education programmes, vocational and technical education programmes, and general secondary education programmes. The Council of Experts of the Republic of Slovenia for General Education has familiarised itself with the Guidelines in accordance with its competences.

In addition, the National Council adopted a decision that the Government should take over the founding of public primary schools for children and adolescents with special needs, as they have the challenging task of ensuring the integrity and complexity of the education of children and adolescents with special needs, and transferring the founding of these schools to the Government would allow them to operate or be funded smoothly.

In its response, the Government notes that the Local Self-Government Act provides that a municipality shall independently carry out local matters of public importance (“original tasks”), which are determined by a general act of the municipality or laid down by law. Ensuring the provision of compulsory primary education is one of the municipality's original tasks and cannot be taken over by the Government. The arrangements in the Republic of Slovenia are fully comparable to those in most other countries with modern local self-government. Children with special needs are part of the mainstream primary education system.

The National Council also adopted a decision to consider the possibility of designating a school district for each institution or primary school for the education of children and adolescents with special needs, where parents have the right to enrol their children in that institution or primary school and for which municipalities are obliged to provide transport. If parents enrol their child with special needs in another institution or primary school, they must provide their own transport. The Ministry of Education will also consider the possibility of creating school districts in this context.

Source: Ministry of Education