The legal system of the Republic of Slovenia guarantees the independence of the judiciary. In addition to an independent judiciary as the main judicial principle, the permanence of the judicial mandate is also ensured. The independence and permanence of the judicial mandate are guaranteed by the Constitution and the law. Judges perform their duties only and exclusively within the limits of the rights conferred on them by certain rules of law.
In modern judicial systems in other democratic countries, there are different legal rules governing the issue of permanent judicial mandate and the appointment of judges to judicial office. After the independence of the Republic of Slovenia, the Constitution of the Republic of Slovenia and the law provided for a permanent judicial mandate and appointment by the National Assembly. In the former Yugoslavia, there was a principle of selection of judges by the National Assembly for eight years. After the lapse of certain years and a positive opinion from a qualified assessor, the judge would be given a permanent mandate. These issues are still settled in this way, and there have been no changes to the constitution.
Today, the institute of a permanent judicial mandate faces criticism from the profession, politics and public opinion. Some time ago, there was talk of amending the Constitution with regard to the length of judicial term of office and the appointment of judges. Now, there are again proposals to amend the Constitution of the Republic of Slovenia and the judicial system, following the example of most democratic European countries with a probationary period of judicial mandate, because, as they state, the current system should lead to large backlogs in judicial practice. Legal experts, meanwhile, are of the opinion that such influence of politics on changes to the constitution will not benefit, achieve much, or make the judicial system a democratic and efficient one.
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