The Bar Association of Slovenia desires to bring to the attention of government institutions and the general public the fact that the effectiveness of the judiciary is getting increasingly out of control. This situation has a detrimental effect on the way individuals feel toward the government which is supposed to be a service accessible to all citizens. The courts have become so ineffectual that their disfunction exceeds the limits of society's tolerance. It is a matter of concern that no efforts are being undertaken to mitigate the situation. As a professional organization of attorneys duty bound to protect the interests of our clients we are obliged to draw attention to this problem and demand that a concerted effort be undertaken for the achievement of a satisfactory and permanent solution.

Absent a timely and effective judiciary, a truly democratic government is inconceivable. Ineffective and haphazard operation of the judiciary contributes, among other things, to the persistence of values held by certain individuals and groups which are alien to the norms of democracy and civilized conduct. This kind of conduct and these values still endure in our society because no timely sanctions are available to dispel them. A mere moral condemnation of such conduct is a response that shows only impotence and cannot lead to a change.

Timely disposition of matters pending before the courts is intimately bound to the protection of human rights in a society. A government that aspires to be a government of laws and social justice must ensure that the human rights of its citizens as well as aliens are protected.

Particularly damaging are the dilatory processes in the penal proceedings where detention of a defendant is involved. The detentions are inordinately long.

Lack of judicial timeliness is universal. As a consequence, there are none to few who feel that seeking redress in the courts is an exercise in futility. The existence of unlawful forms of debt collection is a logical consequence of this problem; this further weakens the confidence in government as the only agency allowed to apply to lawfully sanctioned repressive measures against the individual.

The right to receive a fair legal decision within a reasonable time is one of the basic human rights. Its paramount importance lies in the fact that in its absence no other human rights can be achieved. In this connection, the integrity of the judiciary is of utmost importance for the functioning of a government of laws.

Although the judiciary can achieve a great deal in formulating its role, the final success will elude it unless the entire society cooperates in the effort. We believe that it will be necessary to act very pragmatically and yet with the prospect of a long-range and lasting solution in mind. The reorganization of the judiciary that has taken place so far can be only a framework for the required changes, it is not, however, a complete solution that can bring the desired and very much needed results. A judge must be assured of independence, social status, and a suitable compensation. Appointment to the bench should depend on the accomplishments and professional growth of each individual candidate. Experience gleaned so far shows that the selection of judicial personnel must be carefully planned. In view of this, we feel that the nomination requirements for the bench, particularly in the case of district courts, have proven to be inappropriate.

Because timely resolution of court cases is one of the most important elements of the judiciary, every individual is guaranteed this right by the Slovenian constitution which speaks of impartial and speedy trials, free from unnecessary delays. Because the Republic of Slovenia already is a [associate] member of the Council of Europe, it is equally bound by the European Convention on Human Rights which requires that courts render decisions within a reasonable time. In this respect, the Convention holds that in case of a dilatory proceeding the parties do not have to wait for a final judgment of a national court but may appeal directly to the European Court of Human Rights in Strasbourg. It should come as no surprise if the Slovenian state were soon to become a defendant in a complaint filed before the Strasbourg court.