Slovenia the is bound by the recast Asylum Procedures Directive, the recast Reception Conditions Directive and the Dublin III Regulation and has transposed their provisions through the International Protection Act | Zakon o mednarodni zaščiti (ZMZ-1).

Slovenia transposed the CEAS through the International Protection Act.

Relevant provisions on legal assistance in Slovenia includes: 

Regulations on the examination of the skills of candidates for refugee counsellors and on the training of refugee counsellors within the framework of the Judicial Education Centre (Official Gazette of the Republic of Slovenia, no. 73/16).

Regulations on the method of access to refugee advisers, the remuneration and reimbursement of costs to refugee advisers and the criteria for calculating the reimbursement of costs from a person who has sufficient own resources (Official Gazette of the Republic of Slovenia, no. 162/21 and 74/24).

As part of the information, before the start of the application acceptance process, the applicant shall be provided with information on the asylum procedure in Slovenia including deadlines for exercising legal remedies and information on non-governmental organisations working in the field of international protection pursuant to Article 5(1) of the IPA.

As part of the information, the applicant shall be provided with information on the asylum procedure in Slovenia including deadlines for exercising legal remedies, and information on refugee counsellors (Article 5(1) of the IPA). The applicants are shown the information through a video which contains information on the right to appeal and representation by refugee counsellors. 

The Migration Directorate provides the applicant with a list of refugee counsellors, together with the decision, in a language the applicant understands. In addition, the applicant is told that they must either obtain a refugee counsellor on their own by contacting a lawyer from the list or request a lawyer through the Migration Directorate.

PIC has information on their website on how to access legal assistance and representation.

NGOs working in the Asylum Home are present daily and available to the detained asylum seekers since they have the same rights as other accommodated individuals. They provide many services including legal assistance and representation.

PIC has an office next to the Asylum Home in Ljubljana, the accommodation facility where the majority of applicants reside during the international protection procedure. Additionally, PIC organises in person meetings and visits the Asylum Home or its branches and the Centre for Foreigners. 

According to the 2023 Information Factsheet on procedural elements and rights of applicants subject to a Dublin transfer to Slovenia, detained applicants can receive visits every day within the scheduled time for visits: from 2 to 6.30 pm and for visits by NGO representatives also from 7 to 9 pm. Legal representatives with power of attorney and guardians may also visit detainees outside these visiting hours. A maximum of three people can be present in a meeting at the same time. The duration of visits is approximately 30 minutes. Meeting premises are under surveillance.

All international protection applicants are entitled to free legal assistance by an NGO under a project "Legal aid for asylum seekers" cofinanced by the European Refugee Fund and the Ministry of the Interior of the Republic of Slovenia. They have also access to the refugee counsellors, who provide support and legal assistance before the Administrative Court of the Republic of Slovenia and the Supreme Court of the Republic of Slovenia.

Pursuant to Article 4 of the IPA, all applicants shall have access to UNHCR and NGOs providing legal advice. Additionally, Article 7 provides for the role of the UNHCR and stipulates that communication with UNHCR cannot be denied.

Refugee counsellors shall be granted access to the persons to whom he provides support and legal assistance on the territory of the Republic of Slovenia and at the border or in the transit area at the airport or on the ship anchored in the harbour or port, under conditions that respect the privacy of these persons.

Refugee counsellors can enter the premises without any limitations and can visit their clients freely without prior authorisation or limitation regarding the daily schedule.

In accordance with the IPA, legal remedies before the Administrative and the Supreme Courts can no longer be free for all asylum seekers. The new provisions states that the Ministry of the Interior can ask for the reimbursement of costs, or a proportionate part of the costs, for refugee counsellors from asylum seekers with sufficient means of subsistence – see Article 11(1) and 11(5) of the IPA.

To this end, the Ministry can demand that asylum seekers submit documentation regarding their financial situation (e.g., bank statements). The following revenue can count as means of subsistence: revenue from employment contracts; unemployment benefits; revenue from other forms of work contracts; pension; revenue from self-employment; annuity, rent or lease; benefits rewarded by a court decision, with the exception of maintenance (Article 8(2)-(3) Rules on the access to refugee counsellors, remuneration and reimbursement of the expenses of refugee counsellors, and criteria for calculating the reimbursement of the expenses from the person with sufficient own means).

There is no legal time limit to apply for legal assistance/representation. However, if an applicant receives a negative decision or a Dublin decision, they have the possibility to seek legal aid. The deadlines to apply for an appeal are set. 

In appeals, for legal representation and legal assistance, the applicants can choose one refugee counsellor from a list of refugee counsellors, which is regulated by Ministry of Justice. The applicant then makes an agreement with refugee counsellor and authorises chosen counsellor for representation. The chosen refugee counsellor must notify the Ministry of Interior before the beginning of representation.

If a person does not select a refugee counsellor, or if the chosen refugee counsellor has refused to offer support, he or she may request the support and legal assistance of the refugee counsellor in oral or written form from the Ministry responsible for Internal Affairs. The Ministry assigns an advisor to a person in alphabetical order of the last names of the advisors from the directory of advisors.

The Ministry of Justice establishes the first contact with the assigned refugee counsellor and informs them about the assignment, who must provide to the Ministry support and legal assistance in the assigned case within 24 hours, or within eight hours in the case of legal remedy against the movement restriction measure, to be confirmed in writing by e-mail from the established contact. The Ministry informs the person about the assigned refugee counsellor.

If the assigned refugee counsellor refuses to offer support and legal assistance, the Ministry shall record this in the diary referred to in the third paragraph of this article and assign the person next in order in the directory of consultants referred to in the second paragraph of this article.

General rules apply, but asylum procedures have specific adjustments for urgency and access (e.g., a 15-day deadline to file a lawsuit instead of 30).

Regulations on the method of access to refugee advisers, the remuneration and reimbursement of costs to refugee advisers and the criteria for calculating the reimbursement of costs from a person who has sufficient own resources do not specify an exact time limit within which a decision on granting legal assistance must be made.

Yes, a person can choose one lawyer (refugee adviser) from the official list and authorize them to represent them. If the person does not choose an adviser or the chosen adviser refuses to provide assistance, the ministry assigns an adviser alphabetically from the list. (Article 2(1,2) of the Regulations on the method of access to refugee advisers, the remuneration and reimbursement of costs to refugee advisers and the criteria for calculating the reimbursement of costs from a person who has sufficient own resources). If the appointed adviser refuses to provide support and legal assistance, the ministry shall record this in the log referred to in the third paragraph of this Article and assign the person the next adviser in the order listed in the register of advisers. (Article 2(5) of the Regulations).

In cases where the adviser unjustifiably refuses to provide support and legal assistance, works irregularly or negligently, or fails to respond to the person’s requests or to inform the person or their legal representative about the procedure, the person shall notify the ministry. The Ministry of the interior shall inform the Ministry of justice, which may request the adviser to state the reasons for their conduct. (Article 2(8) of the Regulations).

A person may change their legal adviser during the proceedings. They must immediately notify the Ministry in writing and state the reasons for the change. The person’s statement is forwarded by the Ministry of the Interior to the Ministry of justice. (Article 3(2) of the Regulations).

The legal adviser/counsel may withdraw their authorization in a particular case if they are no longer able to perform their duties. The legal adviser must immediately notify the Ministry of the Interior and the person in writing of the withdrawal and the reasons for it. The Ministry forwards the legal adviser’s statement regarding the withdrawal to the Ministry of justice. (Article 3(3) of the Regulations).

The notification on the appointment of a legal adviser is carried out in accordance with the General Administrative Procedure Act (notification of the decision).

The Minister responsible for Justice may dismiss a refugee advisor if the advisor fails to perform their duties, does not perform them regularly, or does not perform them diligently. For these purposes, an advisor is deemed not to be performing their duties if, within one year, they deny support and assistance to persons in three cases or fail to inform the person or their legal representative about the progress of the procedure. (Article 9(19,11) of the IPA).

State funded

There is no free legal aid provided by the state for first instance determination.

Civil society organisations

The Legal Centre for the Protection of Human Rights and the Environment | Pravno-informacijski center nevladnih organizacij (PIC) has been providing legal aid in Slovenia at first instance determination procedure.

PIC is the only NGO providing legal assistance to asylum applicants in Slovenia. From 2020 onwards, this type of assistance is provided within the framework of the UNHCR project - Counselling and representation of applicants for international protection.

PIC provides legal representation throughout the whole first instance determination procedure which includes representation during the application and all subsequent personal interviews, legal assistance throughout the asylum procedure, preparation of country-of-origin information and help with accessing refugee counsellors when judicial review needs to be lodged.

PIC is also offering legal advice and representation to stateless persons. 

The organisation has an office next to the Asylum Home in Ljubljana, the accommodation facility where the majority of applicants reside during the international protection procedure. Additionally, PIC organises in person meetings and visit the Asylum Home or its branches and the Centre for Foreigners. For applicants in detention, the lawyer representing the applicant may visit the applicant every day during scheduled time visits.

Pursuant to Article 4 and Article 6(1) of the IPA, each person in the process must be provided with interpretation and translation in a language that the person understands.

This is not necessarily the individual’s mother tongue, and it is up to the police to judge whether an individual understands the language. Interpreters for some languages are not available in Slovenia or may not be available at the given time. Interpreters are selected based on a public call.

The notification procedure remains the same for all types of decisions. Notification of the decision is delivered in person as a general rule (including by telephone or video-call).

The presence of an interpreter during the decision notification, together with an authorised official, is necessary only if the person is illiterate. The interpreter reads all the relevant parts of the decision in a language the person understands. In all other cases, the presence of interpreter is not necessary, as all the relevant parts of decision are translated into a language the person understands – see Article 6 of the IPA. The presence of interpreter is only provided upon receiving an application and during personal interviews, while in other well-founded cases such services shall be provided at the discretion of the competent authority.

Presence of interpreter at decision notification together with authorised official is necessary only when the person in question is illiterate. The interpreter reads all the relevant parts of the decision in a language the person in question understands. In all other cases, presence of interpreter is not necessary, as all the relevant parts of decision are translated into a language the person in question understands.

At present, representation at first instance procedure is currently neither provided for in national legislation nor implemented in practice, but it will be regulated and implemented in line with the requirements of Regulation 2024/1348/EU.

The International Protection Act does not contain specific provisions regarding legal assistance and representation of asylum seekers during special procedures (admissibility, accelerated, border, subsequent). As such, the same rules and practice apply as in the regular procedure.

At first instance, legal assistance and representation can be provided by The Legal Centre for the Protection of Human Rights and the Environment | Pravno-informacijski center nevladnih organizacij (PIC).

In appeals, legal assistance and representation before the Administrative Court or Supreme Court can be provided to applicants by refugee counsellors.

The PIC is part of the CROSIT network, which is a group of NGOs which have the aim of monitoring violations of fundamental rights of persons of persons fleeing and the access to the asylum procedure. The project includes activities related to raising awareness on pushbacks, advocacy and strategic litigation before national and European Courts.

The Migration Directorate provided legal counselling to vulnerable asylum seekers carried out by selected refugee counsellors in 2023. However, since the vulnerability assessment is not done only a small amount of people received the help through the programme.

A legal representative shall be appointed for all unaccompanied minors. Pursuant to Articles 16 (3) and 18 (8) of the IPA, a legal representative shall continue to offer legal support to unaccompanied minors after a decision was made on the asylum application.

The Legal Centre for the Protection of Human Rights and the Environment implements the project COAST which aims to provide support for legal representatives of unaccompanied minors. The project is being implemented between 1 April 2024 – 1 April 2026.

First and second appeal instance: Free legal assistance and representation is provided, except for applicants who have their own available means. Legal assistance in the appeal procedure is provided by refugee counsellors as provided by Article 9(1) of the International Protection Act.

NGOs are not allowed to provide legal assistance and/or representation to applicants in the appeal procedures.

According to Article 9(9) of the IPA, Lawyers entered in the register of lawyers under the law regulating the practice of law can assist the applicant in appeals and do not have to prove the conditions listed for refugee counsellors.

Services provided are: assistance in preparation of the appeal, including documents, and representation before the appeal instance. Service providers are refugee counsellors appointed by the Ministry of Justice and funded by the Ministry of the Interior.

The activities of refugee counsellors, as established by the IPA, are identical to the activities of attorneys.

It is the applicant who informs the legal representative that they wish to lodge an appeal, as upon the service of the decision they receive a list of refugee counsellors together with translated instructions on how to contact them. The competent authority does not interfere in the communication between the legal representative and the applicant.

There is a provision on interpretation to ensure good communication and understanding between the legal counsel/adviser and the asylum applicant, at least indirectly, namely in the Article 11(1) of the IPA: Refugee counsellors are entitled to remuneration for their work and to reimbursement of expenses for the legal assistance provided in proceedings under this Act before the administrative and supreme courts, including the costs of interpretation services up to a maximum of two hours or four pages of translation in the context of preparing a legal remedy. The funds for the payment of fees and reimbursement of expenses are provided by the ministry.

The lawyer cannot submit the appeal and other related documents online.

With the applicant’s authorisation, the legal counsel/adviser is granted access to the case file.

The legal adviser/counsel cannot have access to classified information or to the essence of such information if there are aspects related to national security.

A videoconference is possible if it is approved by the court with the consent of the parties. We are not aware of any additional procedural safeguards in this regard.

It is possible to file a lawsuit against the Ministry’s decision at the Administrative Court. A cassation appeal to the Supreme Court is allowed against judgments issued by the Administrative Court. A constitutional complaint may be filed within 15 days from the day of service of the individual act under IPA, against which a constitutional complaint is allowed under the law governing proceedings before the Constitutional Court of the Republic of Slovenia.

First and second appeal instance: Free legal assistance and representation is provided, except for applicants who have their own available means (this exception is not applied in practice). A refugee counsellor provides support and legal assistance in proceedings at the Administrative Court of the Republic of Slovenia and the Supreme Court of the Republic of Slovenia pursuant to Article 9(1) of the International Protection Act (IPA). 

Cassation or other instance: free legal aid is not provided.

Legal assistance and representation are not provided by the Constitutional Court.

The competent authority also covers the representation of applicants before the court of second instance. There are no special conditions for this.

A refugee counsellor provides support and legal assistance in proceedings at the Administrative Court of the Republic of Slovenia and the Supreme Court of the Republic of Slovenia pursuant to Article 9(1) of the International Protection Act (IPA). Free legal assistance and representation is provided, except for applicants who have their own available means (this exception is not applied in practice).

The law contains explicit safeguards for unaccompanied minors and other persons unable to participate independently in the procedure due to mental illness, disorder, or other reasons (Articles 16, 18, 19 IPA).

The legal adviser cannot be appointed as a legal guardian of an unaccompanied minor. The legal guardian (zakoniti zastopnik) and the legal adviser/counsel (svetovalec za begunce) are separate institutions under Slovenian law. The legal guardian is appointed by the social work centre (Art. 18 IPA), selected from a list managed by the Ministry for Family and Social Affairs. Guardianship is regulated by family law provisions and supplemented by IPA. The legal adviser/counsel is a separate function under Art. 9 IPA and provides legal aid and representation in the international protection procedure.

There are no differences between the Dublin procedure and the regular procedure.

Legal and procedural information is provided by the competent authority. Free legal counselling is also delivered by the competent authority, and in certain cases by PIC – the Legal-Informational Centre for Human Rights and the Environment.

Legal counselling is provided in different formats, either in person or through the presentation of an informational film. It may be provided on an individual basis or in group settings.

Yes, free legal aid is provided in an appeal against a Dublin transfer, without any specific conditions.

According to the 2023 Information Factsheet on procedural elements and rights of applicants subject to a Dublin transfer to Slovenia, detained applicants can receive visits every day within the scheduled time for visits: from 2 to 6.30 pm and for visits by NGO representatives also from 7 to 9 pm. Legal representatives with power of attorney and guardians may also visit detainees outside these visiting hours. A maximum of three people can be present in a meeting at the same time. The duration of visits is approximately 30 minutes. Meeting premises are under surveillance.

In accordance with established practice, lawyers can meet with applicants in detention even outside of the daily visitation hours. PIC lawyers are available to detained applicants by telephone and usually meet with them in person a few times per month.

According to the 2023 Information Factsheet on procedural elements and rights of applicants subject to a Dublin transfer to Slovenia, all international protection applicants are entitled to free legal assistance by an NGO under a project "Legal aid for asylum seekers" cofinanced by the European Refugee Fund and the Ministry of the Interior of the Republic of Slovenia. They have also access to the refugee counsellors, who provide support and legal assistance before the Administrative Court of the Republic of Slovenia and the Supreme Court of the Republic of Slovenia.

Together with the detention decision, asylum seekers are given a list of refugee counsellors and are instructed that they must obtain the help of refugee counsellors by themselves. If they did not obtain a refugee counsellor themselves, they may call the Migration Directorate, and the official would provide one for them. 

In appeals, free legal assistance and representation is provided by refugee counsellors under the same conditions as in other cases of judicial review. No additional condition to access free legal assistance is imposed in detention cases.

Refugee counsellors are graduate lawyers who were selected through a public tender and appointed by the Ministry of Justice for a period of five years. They must pass an exam and devote a minimum of 10 hours to a session on international protection law before they may begin working (Article 12 Rules on knowledge testing of candidates for refugee counsellors and on the training of refugee counsellors at the Judicial Training Centre).

A person may be appointed as a refugee counsellor in accordance with Article 9(4) of the IPA:

• if they are a citizen of the Republic of Slovenia or another Member State of the EU or the European Economic Area;
• is fit to work and has general health capacity;
• has passed the state legal exam or has completed a university education in the field of law in the Republic of Slovenia or has completed the same level of education abroad, recognised in accordance with the law governing the recognition and evaluation of education, and has passed a knowledge test on general administrative procedure, administrative dispute , human rights law and international protection law, and actively master the Slovenian language;
• is trustworthy for performing the work of a consultant for refugees;
• is younger than 75 years old at the time of application;
• before the appointment, they have passed a basic security check in accordance with the law governing the protection of classified information, and have been granted permission to access classified information;
• has not been legally punished for a criminal act for which the perpetrator is prosecuted ex officio and for which a prison sentence of six months or a more severe punishment is threatened;
• is not in criminal proceedings for a criminal offense for which the perpetrator is prosecuted ex officio and for which a prison sentence of six months or a more severe penalty is threatened;
• is not in a work or service relationship with the Republic of Slovenia.

Relevant provisions on legal assistance in Slovenia includes: 

• Regulations on the examination of the skills of candidates for refugee counsellors and on the training of refugee counsellors within the framework of the Judicial Education Centre (Official Gazette of the Republic of Slovenia, no. 73/16).
• Regulations on the method of access to refugee advisers, the remuneration and reimbursement of costs to refugee advisers and the criteria for calculating the reimbursement of costs from a person who has sufficient own resources (Official Gazette of the Republic of Slovenia, no. 161/21).

Training

Refugee counsellors are obliged to complete training in the field of international protection law conducted by the Judicial Education Centre or another state body, authorised organization or professional association within three months of their appointment (Article 9(8) of the IPA).

The content and scope of the training and knowledge testing from the third indent of the fourth paragraph of this article within the framework of the Judicial Education Centre shall be determined by the Minister responsible for Justice (Article 9(9) of the IPA). 

The obligation to train and test skills does not apply to refugee counsellors if they have at least one year of practical experience in the field of international protection, especially if they have already worked as refugee counsellors or as lawyers and have represented persons under the IPA in at least three cases before the courts (Article 9(9) of the IPA). 

PIC implements the project RefJustice, co-funded by the U.S. Embassy in Slovenia, strengthens the capacity of refugee counsellors and other asylum and migration professionals in Slovenia to document core international crimes and human rights violations.

PIC has a cooperation with the Faculty of Law in Ljubljana and provides mentoring to students of the Legal Clinic for Refugees and Aliens. Students are offered traineeships during which they have the opportunity to participate in official actions or hearings, legal advice and information, and they also have the opportunity to participate in the preparation of written submissions in individual cases.

The applicant can notify the Ministry of the Interior in writing or orally regarding the quality of legal aid. In case the refugee counsellor chosen by the applicant, refuses to offer support and legal assistance or does not respond to the applicant´s request or does not inform the applicant or the statutory representative about the procedure, the applicant can notify the Ministry of Interior in writing or orally. If the refugee counsellor unjustifiably refuses to offer support and legal assistance or if the Ministry of Interior receives a notification from the applicant or their statutory representative about negligent and irregular work of the chosen refugee counsellor or their lack of communication about the asylum procedure, the Ministry of Interior notifies the Ministry of Justice, which requests for the refugee counsellor to state his or her reasons for such behaviour.

There is currently no formal mechanism in place to ensure cooperation between the legal aid office/governmental authority/civil society organisations/other organisations providing legal services at the first appeal instance.

The legal counsel has the right to access the case file. If the court obtains country of origin information (COI), it is also shared with the legal counsel for the purpose of the appeal proceedings.

Cooperation between the courts/tribunal and a private lawyer is governed by the Administrative Procedure Act (Zakon o upravnem postopku, ZUP) and the Administrative Dispute Act (Zakon o upravnem sporu, ZPP).

The legal provisions of the aforementioned laws (the Administrative Procedure Act – ZUP and the Administrative Dispute Act – ZPP) determine the manner of communication and cooperation between the legal counsel and the courts.

Information on reception is provided to applicants immediately after arrival into reception centres and during the information session preceding the lodging of the asylum application or later during the procedure, also by the social workers and other officials in reception centres. During their stay at the Asylum Home, applicants have access to informative brochures in languages they understand. Additional information is provided to them by other NGOs, among them is also NGO Legal Centre for the Protection of Human Rights and the Environment (PIC). Informative brochures, videos, other materials and orally provided information include information on their rights in relation to reception, organisation of reception, access to additional help and services, list of NGOs and other organisations that offer help, and other main information regarding their rights and obligations.

Legal advisers or counsellors have access to reception centres and NGOs, in particular Legal Centre for the Protection of Human Rights and the Environment (PIC), provide additional information to applicants in reception facilities, which includes also legal information or legal assistance on matters related to the first instance procedure.

The Office for the Support and Integration of Migrants has concluded agreements on cooperation with non-governmental organizations, on the basis of which the organizations can also carry out activities within the accommodation units. Regular meetings and exchanges of information are held with non-governmental and international organizations, among them also with the UNHCR. Applicants for international protection can submit complaints and suggestions to social workers in the reception centres/asylum homes and its branches, at the home communities, and they are also allowed to submit them anonymously at clearly marked places (special mailbox is available, where they can anonymously submit complaints). All letters, observations and initiatives received are seriously reviewed. If necessary, cases are transferred to other institutions for resolution or internal control is carried out. Also, applicants have the possibility to share they complaints with UNHCR or/and Ombudsman. Both institutions, when and if they receive such writings from the applicants submit them to the Office for further consideration and action, if necessary. All such complaints are treated seriously and with all due care and attention. Yet, national law does not include specific provisions regarding such complaints/appeals nor regarding legal assistance for such complaints/appeals.

The applicant can submit an appeal against the decision on withdrawal of monthly allowance within three days to the head of UOIM; in such a case, free legal assistance by PIC is available to asylum applicants in practice, though not guaranteed by law. National law does not provide specific provisions that would formally define an appeal/complaint and legal assistance for that purpose.

PIC can offer legal support, assistance and representation for the family reunification procedure. PIC is implementing a project related to complementary pathways into Slovenian legislation that would enable vulnerable persons to safely arrive in Slovenia. During the project, PIC provides assistance and advice to persons with international protection in the family reunification process.

Beneficiaries of temporary protection are entitled to free legal aid under the Free Legal Aid Act (ZBPP), Article 10 point 2.

For representation before the Administrative Court and the Supreme Court of the Republic of Slovenia. In other cases, representation is provided in accordance with the Free Legal Aid Act, with asylum seekers being treated on an equal basis with Slovenian citizens.