Which authority decides on a claim for compensation in cross-border cases?
Ministry of Justice of the Republic of Slovenia
Župančičeva 3
Ljubljana
Telephone: +386 1 369 54 40
Fax: +386 1 369 54 75
E-mail: gp.mp@gov.si
Website: http://www.mp.gov.si
Can I send my claim directly to the deciding authority in this country even in cross-border cases (without having to go via the assisting authority in my home country)?
Yes.
In which language(s) do the compensation authorities(s) accept the:
— claim? In Slovenian.
— supporting documents? In Slovenian, as a certified translation.
If the claim and the supporting documents are not in Slovenian, the Ministry of Justice shall return them to the claimant or to the authority of the Member State from which the request was received, together with an explanation that the claim and the supporting documents must be in Slovenian.
If the compensation authority translates the claim/supporting documents from another EU country, who pays for this?
If the claim and the supporting documents are not in Slovenian, the Ministry of Justice shall return them to the claimant or authority from which the request was received, together with the explanation that the claim and the supporting documents must be in Slovenian. In other words, the compensation authority does not translate the request or supporting documents from other EU Member States. Translation costs are covered by the Republic of Slovenia.
Are there administrative or other charges to be paid in this country for processing my claim (received from another EU country)? If so, how can I pay these?
No. No fee is charged for claims, actions and decisions in compensation proceedings under this Act.
If I need to be present during the procedure and/or when my claim is being decided upon, can I be reimbursed for my travelling costs? How can I claim them? Who do I have to contact?
No, costs are not reimbursed.
Is an interpreter provided in case I have to be personally present?
As a rule, you do not need to be personally present in the procedure.
The Committee for decision-making on compensation to crime victims may decide to hold an oral hearing or hear a party or an expert. According to the rules on the general administrative procedure, parties who do not know the language or cannot use it due to disability have the right to an interpreter in order to follow the course of the procedure. The authority is obliged to inform the claimants about this.
However, in accordance with the law, the Committee may ask the competent authority in the other EU Member State in which the claimant has filed a compensation claim to carry out these acts instead. In this case, the claimant does not need to be personally present.
Will medical certificates, given by doctors in my country of residence, be accepted or recognised – or will my health/injury have to be examined by your own medical experts?
Enclosed medical certificates will be accepted or recognised if they are presented in Slovenian, as a certified translation.
Will I be reimbursed for my travelling costs if I have to undergo a medical examination in this country?
According to the rules on the general administrative procedure, no, because it is a procedure at the claimant’s request.
How long does it take approximately to get a decision on compensation from the authority/body?
The legal deadline for issuing a decision is 3 months from the receipt of a complete application. As a rule, the actual procedure lasts less than half a year, depending on individual circumstances.
In which language will I receive the decision on my claim?
The decision will be in Slovenian.
If the procedure is to be conducted via the competent authority of another EU Member State, the decision will be sent together with the prescribed standard form set by the European Commission that must be in the language of the competent Member State to which it is sent. Part of the standard form is also a summary of the decision, an explanation or instruction about the legal remedy, and an explanation of other actions that are expected from the claimant.
If I am not satisfied with the decision, how can I challenge it?
You can challenge the decision by an action in administrative proceedings, which is decided by the Administrative Court of the Republic of Slovenia.
Can I get legal aid (help from a lawyer) under the other country’s rules?
In administrative proceedings involving the preparation of a compensation claim, free legal aid is not possible.
Under the rules on general administrative procedure, however, an official must respect the principle of protecting the rights of the claimant, which means that the official must allow the claimant to exercise their rights, to warn them in this regard, invite them to complete the claim and provide explanations, while ensuring that claimant’s ignorance or lack of knowledge does not harm their rights.
The claimant can decide to bring an action against a decision of the Committee. In an administrative dispute which is also a judicial procedure, foreigners (who are not residents of the Republic of Slovenia) are entitled to free legal aid under the condition of reciprocity or under the conditions and in cases determined by international treaties binding the Republic of Slovenia.
Are there any victim support organisations in this country that can help me claim compensation in a cross-border case?
We have no information about this.
