TRAVEL REPORT The Hon. Michael Atkinson MP Attorney-General ...

Meeting SummaryMr Marco Starman told the delegation that following accession to Europe,criminal proceedings in Slovenia, by and large, rest on Central Europeantraditions . There is a move, however, towards adopting the British commonlaw tradition, particularly in criminal law .European law is becoming more pragmatic - bringing together the conceptualbasis of the different laws of European countries . Common Law which waspreviously completely rejected is now being reconsidered .There is preference to follow common law rather than the Roman as a wholeapproach so that evidence rules are consistent . Discretion on evidence isnow left to the judge in Civil Law system . We need to do something thatmakes us able to introduce our evidence in other jurisdictions within Europe,and the common law has the highest level of requirements for introducingevidence . However, in Slovenia the issues are not law and order, butcronyism and corruption . The telecom and electricity utility privatisation wasan example .The delegation wanted to know how people felt about the old system ofgovernance and were told that there was no nostalgia for Tito's days and thatpeople were better off now . Some older pensioners may feel they are notlooked after as well, but even the party that represents their interests does notadvocate a return to Tito . It advocates for an increase in the retirementpensions . There remain some public figures from the old system, but they areviewed generally as reformers and not tied to the old ways .Post WWII abuses were settled by a Special Declaration of the Parliament,the "Law to right the wrongs" . Every family with a member who was a victim ofcommunist violence after May 15, 1945 can get compensation from a statefundedscheme . There are two ways for recourse under the declaration . Oneis that, if imprisoned persons can prove they were wrongly convicted andsentenced, on ideological grounds, they can claim back their property . Thesecond way is that the law can be used for those divested of property withouta show trial . Of 6,000 claims, 3,000 have been settled by the State . Thosewho think they may have a claim should apply to the Ministry of Justice as thedeadline has already been extended twice .In describing the political situation, Mr Starman told us that the parties of theLeft and Right more or less in balance (perhaps leaning a little more to theLeft) . This is mostly due to the personalities of the Leader of the GovernmentParty, the President and the former President .The most heated debates have focussed on the legacy of the past and theway Communism was imposed after WWII . The second, and related issue ofsome contention, was the restitution of nationalised property that had beentaken by the State by various means . There remain outstanding claims overforests and the Island of Bled Lake which are issues of national importance .Travel Report, Hon. Michael Atkinson, MP. and Ms. Vini Ciccarello M.P ., August, 2004 20