Introduction

Misdemeanor proceedings are a crucial part of any country’s legal system, ensuring compliance with laws across various domains, from traffic regulations to tax and customs legislation. In Slovenia, the official language is Slovenian. In municipalities where Italian or Hungarian ethnic communities reside, Italian and Hungarian are also recognized as official languages¹. The use of language in legal proceedings is vital to ensuring fairness and legality.

This blog will explore why the use of the Slovenian language in misdemeanor proceedings is so important, with a focus on Slovenian case law and the practices of the European Court of Human Rights (ECHR).

The Use of the Slovenian Language in Misdemeanor Proceedings

Slovenian legislation mandates that all official proceedings be conducted in the Slovenian language, whether in misdemeanor², administrative³, or judicial⁴ proceedings.

In misdemeanor proceedings, according to Article 58 of the Minor Offences Act (ZP-1), the General Administrative Procedure Act (ZUP) applies to the use of language. Article 62 of the ZUP stipulates that administrative proceedings must be conducted in Slovenian. This means that official personnel, including police officers and judges, are required to use Slovenian when performing their duties and carrying out procedural actions.

The right to use one’s own language in proceedings is also enshrined in Directive 2010/64/EU of the European Parliament and the Council, dated October 20, 2010, on the right to interpretation and translation in criminal proceedings. This directive established minimum rules across the EU for interpretation and translation in criminal proceedings and in the execution of a European Arrest Warrant. It has been in effect since November 15, 2010. The directive requires member states to ensure that suspects or accused persons who do not speak or understand the language of the criminal proceedings are provided with interpretation during the proceedings before investigative and judicial authorities, including during police questioning, court hearings, and any necessary interim hearings. Member states must ensure that interpretation is available, if necessary, to guarantee a fair trial, including for communication between suspects or accused persons and their legal advisors concerning any hearings in the proceedings or filing of appeals or other motions⁵.

Procedural Language Rights for Parties Involved

A party to the proceedings, whether a suspect in summary proceedings or an accused in regular proceedings, has the right to follow the process in a language they understand. If they do not understand Slovenian (sufficiently), interpretation must be provided⁶. This is crucial to ensure the party’s right to a fair trial and the ability to mount an effective defense. Case law emphasizes that the party must be informed of their right to follow the proceedings in their language, and this notification must be recorded, along with the party’s decision to waive this right, if applicable.

In practice, it often happens that official authorities “forget” the rules regarding language use and serve documents, for example, in English, or even issue decisions in a foreign language (see: VSK Judgment PRp 83/2017).

Even if the party understands a foreign language, this is not a reason to deviate from the fundamental rule that all documents in the proceedings must be in Slovenian. The same applies to documents sent via email. The fundamental rule for every state authority and any other body performing public service is to conduct proceedings and operate in the Slovenian language. Slovenian courts have repeatedly affirmed that, in accordance with the ZUP, Civil Procedure Act (ZPP), and Criminal Procedure Act (ZKP), proceedings must be conducted in Slovenian, meaning that documents written in a foreign language must be translated into Slovenian; otherwise, decisions based on or referencing these documents cannot be validated.

Recommendations:

• Strict Adherence to Slovenian Language in Proceedings: Officials must conduct proceedings in Slovenian (except in areas with Italian or Hungarian ethnic communities).
• Provision of Interpreters: In cases where the accused does not understand Slovenian, an official interpreter must be present.
• Documentation of Language Rights Information: Officials must document that the accused has been informed of their right to follow the proceedings in a language they understand and their right to an interpreter.

Conclusion

Adhering to the Slovenian language in misdemeanor proceedings is not just a formality but a critical element in ensuring fairness and legality. Case law and the practices of the ECHR demonstrate that the accused must always be guaranteed the right to follow proceedings in a language they understand. This ensures that proceedings are fair and that the parties involved can effectively protect their rights.

We hope this blog has been helpful and will contribute to better practices in conducting misdemeanor proceedings in Slovenia. Your questions are always welcome.