Publications

Archives, Citizenship, and Descent: The Truth About Slovenian Citizenship by Ancestry

Understanding Archives, Citizenship, and Descent in Slovenia At our law firm, we frequently receive questions about Slovenian citizenship requirements for individuals with Slovene ancestors. Many are drawn to the idea of reclaiming their heritage through descent, and archival documents play a crucial role in this process. However, the path to citizenship is strictly regulated, and there are increasing reports of scams involving companies that promise citizenship based on fabricated or misrepresented archival records. Understanding the legitimate use of archives, the legal...

Constitutional Court Decision U-I-151/24: Key Implications for Corporate Lawyers in Slovenia

The Constitutional Court’s decision of March 20, 2025, in case U-I-151/24 has reshaped shareholder rights in insolvency proceedings, presenting new challenges and opportunities for corporate lawyers in Slovenia. The ruling invalidates provisions of Slovenia’s Financial Operations and Insolvency Proceedings Act (ZFPPIPP) and underscores the constitutional right to legal remedies under Article 25 of the Constitution. This article analyzes the decision’s critical takeaways and their implications for legal practice. Why Corporate Lawyers Should Understand Decision U-I-151/24 The Constitutional Court ruled that Article 234(3)...

New Supreme Court Practice on Temporary Injunctions in Swiss Franc Loans

Introduction: Significance of Supreme Court Decision II Ips 10/2025 from April 16, 2025 The Supreme Court of the Republic of Slovenia recently issued a landmark ruling (II Ips 10/2025) clarifying the legal position of debtors who have entered into Swiss Franc loans (CHF), especially regarding the possibility of obtaining temporary injunctions that temporarily suspend the effectiveness of the loan agreement. This protects consumers from financial harm during litigation. The decision provides clear guidance on how to effectively safeguard debtors’ rights when...

CJEU Judgment in Case C-607/21: Proving Dependency and the Derived Right of Residence for Parents of EU Citizens (family reunification)

On April 18, 2024, the Court of Justice of the European Union (CJEU) delivered a key judgment in Case C-607/21, clarifying the conditions under which a third-country national who is the parent of an EU citizen may enjoy a derived right of residence (family reunification) in an EU Member State. The ruling provides essential guidance on the timing of evidence proving dependency and addresses whether unlawful residence under national law affects the right to reside. Factual Background A Moroccan national entered Belgium...

The Constitutional Court found the ZFPPIPP unconstitutional regarding the procedural rights of shareholders of a limited liability company in bankruptcy.

With Decision No. U-I-151/24-14 of 20 March 2025, the Constitutional Court of the Republic of Slovenia reviewed insolvency legislation (ZFPPIPP). It found that the legal provision excluding the possibility for a shareholder of a limited liability company to appeal against the decision initiating bankruptcy proceedings based on the debtor’s proposal is inconsistent with Article 25 of the Constitution. The decision not only expands the procedural rights of shareholders but also reaffirms the importance of the right to legal remedy as a...

Advocate General’s Opinion in CJEU Case C-713/23: Member States Must Recognise Same-Sex Marriages Concluded in Other Member States

On 3 April 2025, Advocate General Jean Richard de la Tour of the Court of Justice of the European Union (CJEU) issued a significant Opinion in Case C-713/23 – Wojewoda Mazowiecki. The case concerns the right of same-sex couples, married in one EU Member State, to have their marital status recognised in another Member State that does not itself permit same-sex marriage. The Opinion raises key issues regarding the relationship between national laws and EU law in the fields of personal...

Recent Decision Clarifies Jurisdiction in Claims Against the Bank of Slovenia (ZPSVIKOB-1)

1. Introduction (ZPSVIKOB and ZPSVIKOB-1) On 26 February 2025, the Higher Court in Ljubljana issued a decision (III Cp 246/2025), affirming the exclusive jurisdiction of the District Court in Maribor in damage claims against the Bank of Slovenia stemming from its extraordinary measures. The ruling underscores the transitional legal framework between the repealed ZPSVIKOB and the new ZPSVIKOB-1, while providing clarity on the procedural treatment of already filed lawsuits. 2. Procedural Background The lawsuit originated from a claim filed by a former holder of subordinated bank bonds whose...

Single Permit (Single Residence and Work Permit) in Slovenia: Conditions and Procedure

The issuance of the initial Single Residence and Work Permit for foreigners in the Republic of Slovenia is regulated by the Foreigners Act (ZTuj-2). The single permit enables foreigners to legally reside in Slovenia and simultaneously be employed by a specific employer. Where to Submit an Application for the First Single Permit A foreigner must submit the application for the first temporary residence permit: At a diplomatic representation or consulate of the Republic of Slovenia abroad; At the competent authority within the Republic of...

Enforcement procedures: Constitutional Court Upholds Priority of Social Security Contributions over Mortgages: Decision No. U-I-103/22, Up-265/22

Enforcement and Security Act (ZIZ), Article 197: Order of Payment from Sale Proceeds In its decision dated 6 March 2025 (case no. U-I-103/22, Up-265/22), the Constitutional Court of the Republic of Slovenia reviewed the constitutionality of the third point of the first paragraph of Article 197 of the Enforcement and Security Act (ZIZ). This provision governs the order of payment from the proceeds of a forced sale of real estate in enforcement proceedings. According to the challenged provision, certain claims – including mandatory...

The Supreme Court of the Republic of Slovenia on the Importance of Legal Interest for Judicial Protection in Administrative Disputes

In case I Up 253/2024 dated 25 February 2025, the Supreme Court of the Republic of Slovenia ruled on an appeal against a decision of the Administrative Court, which had dismissed the plaintiff’s administrative lawsuit for lack of legal interest. The dispute arose from an administrative procedure before the Administrative Unit Nova Gorica, in which a legal transaction concerning agricultural land was approved between A. A. (buyer) and B. B. (seller), while the identical transaction between B. B. and the...

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Archives, Citizenship, and Descent: The Truth About Slovenian Citizenship by Ancestry

Constitutional Court Decision U-I-151/24: Key Implications for Corporate Lawyers in Slovenia

New Supreme Court Practice on Temporary Injunctions in Swiss Franc Loans

CJEU Judgment in Case C-607/21: Proving Dependency and the Derived Right of Residence for Parents of EU Citizens (family reunification)

The Constitutional Court found the ZFPPIPP unconstitutional regarding the procedural rights of shareholders of a limited liability company in bankruptcy.

Advocate General’s Opinion in CJEU Case C-713/23: Member States Must Recognise Same-Sex Marriages Concluded in Other Member States

Recent Decision Clarifies Jurisdiction in Claims Against the Bank of Slovenia (ZPSVIKOB-1)

Single Permit (Single Residence and Work Permit) in Slovenia: Conditions and Procedure

Enforcement procedures: Constitutional Court Upholds Priority of Social Security Contributions over Mortgages: Decision No. U-I-103/22, Up-265/22

The Supreme Court of the Republic of Slovenia on the Importance of Legal Interest for Judicial Protection in Administrative Disputes