Slovenia - 2012
Is class action or actio popularis possible? (court claims or action in the name of a group)
- Code:
- RED15
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
No. There is no actio popularis possible under Slovenian law. Class actions are possible, but are identical to individual procedures to the extent that all members of the group have to be identified and signed under the action. |
| Qualitative Info |
Actio popularis is not regulated in the Slovenia law. The only procedure in which an association could could act even if there is no victim yet is the informal procedure before the Advocate of the Principle of Equality. However, this would not constitution an action (a lawsuit).
The rules for class actions are identical to the rules with individual procedure. All the victims have to be identified, the only diference is that there is more than one. The only special provision which is in place for class actions concerning identical cases is the so-called exemplatory action, which is similar to the pilot judgment procedure conducted by the European Court of Human Rights. In such examplatory procedure the court may first decide in one exemplatory case which is identical to all other cases, and the decision in this first case affects the decision in all the other similar cases. This procedure is defined in the area of employment and social rights and is governed by the Labour and Social Courts Act (Article 40).
Zakon o delovnih in socialnih sodiščih [Labour and Social Court Act], Official Journal of the Republic of Slovenia, No. 2/2004 and 10/2004. |
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