The government has adopted an amendment to the regulation: the public prosecutor will have to explain in writing the mandatory instructions to the authorities

The Slovenian government has approved a new amendment to regulations governing cooperation between the public prosecutor's office, police, and other relevant state agencies and institutions in the investigation and prosecution of criminal offenses. According to the government, the changes aim to improve operational collaboration during the preliminary investigative process. The amendment mandates that the public prosecutor must provide written justifications for mandatory instructions given to other authorities. It also specifies that the public prosecutor cannot override the police’s decision regarding the 48-hour detention of suspects. Additionally, the public prosecutor must compile an official record within 12 hours of receiving oral mandatory instructions related to measures involving the deprivation of liberty and send it immediately to the police. The regulation sets a deadline of 15 days from receiving a request for the public prosecutor to issue a written expert opinion to the police. Furthermore, the head of the competent public prosecutor’s office must decide on a proposal to establish a specialized investigative team within 30 days of receiving the proposal. According to the regulation, the public prosecutor provides instructions and proposals for gathering information and evidence in the preliminary investigative process to determine whether a criminal prosecution should proceed. These instructions are binding for police officers, though they retain professional autonomy in their execution under the rules of criminal tactics, techniques, and methodology. In previous versions of the regulation, there had been several changes regarding the form of instructions. The previous government led by Janez Janša introduced a requirement for written guidance from the public prosecutor to the police in the preliminary investigative process. This was controversial among parts of the legal profession and politics, leading the current government under Robert Golob to revise it shortly after taking office, reintroducing the possibility of verbal guidance from the public prosecutor to the police. The current government under Janez Janša has now finalized the amendment to the regulation, which will take effect 15 days after publication in the Official Gazette. The stated purpose of these amendments and additions is to achieve more effective operational cooperation in the preliminary investigative process. The amendment complements provisions identified as inadequate during the implementation of the regulation. The Supreme Court expressed concern over recent developments at the Mandate Election Committee of the National Assembly, noting a deviation from standards of transparency and responsible conduct expected from holders of public functions. The court emphasized that the highest standards of legal culture and institutional responsibility are expected from those in public positions, essential for the functioning of a democratic state and maintaining public trust in the judiciary and other branches of power. All proposals for judicial candidates were prepared based on legally valid procedures and thoroughly professionally justified, according to the Supreme Court. The Supreme Court noted its concern over events at the session of the Mandate Election Committee of the National Assembly, where three proposals for election to judicial positions and one proposal for appointment to the position of chief judge were not supported by deputies, despite having unambiguous professional references confirmed by the Judicial Council as a professional body. The Supreme Court highlighted the particular concern that members of the committee made decisions without discussion, providing no explanations or arguments for their decisions. They emphasized that while they respect the right of deputies to make independent decisions on proposals, it is reasonable to expect that reasons for rejecting professionally justified proposals from constitutional bodies be publicly presented and argued. The Supreme Court stressed that since an independent and autonomous judiciary is one of the fundamental pillars of constitutional democracy, it is particularly important that decisions on proposals for appointments to judicial positions are made in a reviewed and reasoned manner. Only this can strengthen public confidence in the functioning of institutions, ensure respect for the principles of the rule of law, and maintain appropriate balance between branches of power. Members of the Mandate Election Committee rejected four proposals for judges, including the candidate for chief judge of the Supreme Court of Slovenia, Boris Gabriela Hrovat, and three candidates for judicial positions: Mojca Primožič Kužner for the district court in Koper, Mark Pohar for the administrative court in Slovenia, and Urška Zurovac for the district court in Kranj. Opposition figures have criticized the developments as further erosion of the rule of law and an attempt to intimidate the judiciary.