Chapter 14: Slovenia

(continued)

MAPPING AND EVALUATION OF OPPORTUNITIES

International Decisionmaking

This right is based on the right to be informed about any decisionmaking in parliament. All law proposals, including those whose subject is ratification of international treaties, as well as any change of such proposals within the parliamentarian procedure are published in the official bulletin of parliament. This bulletin ("Porocevalec Drzavnega zbora") is published regularly, at least weekly. Ratified treaties are published in the Official Gazette.

Concerning international decisions in the field of environmental protection in which the Slovenian Government is involved, citizens and NGOs are additionally entitled by the EPA, Art. 14 (1) and (2), to be informed about activities and procedures of governmental bodies related to the environment. In practice such information is actively disseminated in the information bulletin of the MoE. It is published monthly. The MoE's home page on the Internet provides information concerning international treaties and agreements which are/will be proposed to parliament for ratification.

Concerning international decisions in the field of environmental protection, citizens and NGOs may request any data related to international decisionmaking in which the Slovenian government is involved since the EPA, Art. 14 (1) and (2) provides that activities and procedures of governmental bodies are to be open to the public. To this end, governmental bodies are obliged to inform the public actively, as well as to provide information upon request.

TABLE 4: International Decisionmaking
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	1*	-	-	-	1**	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	-	1***	-	-
Adequate notification (right to be informed)	5	5	5	5	5	-	-
Access to information (right to access to information)	2	2	2	¤	2	2	2
* possibility of public Initiative, possibility of referendum, * possibility of advisory referendum ¤ irrelevant since ratified treaties are published

Preparation and Approval of National Laws and Regulations

The laws regulating the work of bodies within the parliament and government foresee the possibility of the engagement of experts, organizations or institutions (other than state or local government agencies and their officials) when such bodies deal with particular issues in session(s), although such cooperation is not obligatory.⁷⁴

There are no mandatory public hearings on proposals of regulations needed for the implementation of statutes, neither before governmental working bodies nor before ministries when they issue or prepare implementing regulations. However, when such cooperation occurs, the participants can give their suggestions, but cannot participate in decisionmaking (i.e. they have no right to vote).

Following the remarkable development of the nongovernmental sector of the society, it seems that change is to be expected in the field of public participation in the process of policymaking. As mentioned earlier, at the end of 1997, environmental NGOs were negotiating with the ministry on the guideline proposal on internal procedure, regarding public access to drafts of proposals of laws and implementing regulations and/or strategic and planning documents being prepared by the ministry. NGOs are also negotiating active public participation within the process of the preparation of such documents. If adopted, such guidelines would not appear to be enforceable.

TABLE 5: Preparation and Approval of National Laws and Regulations
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	-	-	-
Decisionmaking power is shared (right to joint decisionmaking)	1*	-	-	-	2*	-	-
Comments are seriously taken into account (right to be heard)	2**	2**	2**	2**	1	-	-
Adequate notification (right to be informed)	5, 4**	5, 2**	5, 2**	5, 2**	5	-	-
Access to information (right to access to information)	2	2	2	2	¤	2	2
* for laws, possibility of participation in parliamentarian and governmental working bodies, * for regulations, ¤ irrelevant since adopted laws and regulations are published

Preparation and Approval of National Strategies and Policies

From 1996 the environmental nongovernmental sector has, to a certain extent, been involved in the preparation of the first national program (not yet adopted at the end of 1997).

TABLE 6: Preparation and Approval of National Strategies and Policies
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	1	-	-	-	1	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	2*	2*	2*	2*	1	-	-
Adequate notification (1) (right to be informed)	5	5	5	5	5	-	-
Access to information (right to access to information)	¤	¤	¤	¤	¤	2	2
*possibility of participation in parliamentarian and governmental working bodies, ¤ irrelevant since proposals submitted to parliament, changes to proposals within parliamentary procedure, and adopted documents are published (1) Evaluation concerns adoption of national strategies and policies in parliament after an official proposal is submitted. Process of prior preparation of such proposals by responsible governmental bodies is not very transparent. The MoEÕs home page on Internet provides timetable of national strategies and programs in the particular fields of environmental protection which are planned to be prepared and adopted in the ongoing year.

Preparation and Approval of Local Rules and Regulations

Public participation in the process of preparation of local rules and regulations may be provided by the statute and implementing regulations of a particular local community (municipality). For example, the Statute of the Maribor Municipality provides that the issuance of a local ordinance may be initiated by five per cent of the municipality's voters.

TABLE 7: Preparation and Approval of Local Rules and Regulations
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	1*	-	-	-	1**	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	-	1***	-	-
Adequate notification (right to be informed)	-	-	-	-	5	-	-
Access to information (right to access to information)	-	-	-	-	¤	-	-
* possibility of local public initiative, possibility of local referendum, * possibility of local advisory referendum, ¤ irrelevant since adopted documents are published

TABLE 8: Preparation and Approval of Regional/Local Policies (Strategies)
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	1*	-	-	1**	-	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	-	1***	-	-
Adequate notification (right to be informed)	-	-	-	-	1	-	-
Access to information (right to access to information)	-	-	-	-	-	-	-
possibility of local public initiative, possibility of local referendum, **possibility of local advisory referendum

Preparation and Approval of Territorial Plans/Local Land-Use Plans

Public participation is ensured in the process of the adoption of land-use plans and implementing documents. The main laws regulating this field are the Law on Land-Use Planning (1984),⁷⁶ the Law on Urban Planning and other Activities of Land-Use (1984),⁷⁷ and the Law on Land-Use Planning in the Transitional Period (1990).⁷⁸

Public participation is ensured by the public presentation and public discussion of drafts of plans and implementing documents. Citizens can give comments, opinions and suggestions on the documents in question. After public discussion the final draft of a document is adopted. The administrative body in charge of the final version of the draft of the spatial implementation document is obliged to address the comments and suggestions which have been raised. Spatial implementation documents are important legal documents because they represent the basis for obtaining administrative permissions/permits for buildings and other space usages.

TABLE 9: Preparation and Approval of Territorial Plans (Spacial/Local Land-Use Plans)
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	1*	-	-	-	1**	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	2	3***	3, 1¤	-	-
Adequate notification (right to be informed)	3	5	5***	5***	5	-	-
Access to information (right to access to information)	2	2	2	2	¤¤	2	2
* possibility of local public initiative, possibility of local referendum, * public hearings, ¤ possibility of local advisory referendum, ¤¤ irrelevant as adopted plans are published

EIA

Public participation within the EIA process must be ensured by the agency deciding the licensing issue.⁷⁹ The environmental impact report, including all the necessary technical and graphical components in a form comprehensible to the general public, and the draft of the final decision which allows the commencement of the project, must be presented to the public. Such public presentations include a public discussion and a hearing of the holder of proposed action in the environment. The public announcement must be published in the mass media, and announced in the usual local manner. It must include a list of "parties concerned," a method of contribution of opinions and comments from the public and a summary of the environmental impact report with its final judgement.

The final decision regarding the allowance of the proposed project, once adopted by the responsible agency, must contain a statement that the opinions and comments forwarded by the public have been considered, including an explanation of the ways in which they have been considered.

The notion of "parties concerned" is defined by the EPA: it refers to those individuals and organizations for whom the decision on the issue discussed may encroach upon their right to a healthy and clean environment, in cases when special measures and stipulated restitution are prescribed for the danger to or depreciation of the environment.⁸⁰ The "parties concerned" have the right to be party to the procedure of deciding on granting a license.⁸¹ Therefore, they may use all legal remedies for the protection of their rights in accordance with the rules of the general administrative procedure, as well as the right to judicial review.

TABLE 10: Environmental Impact Assessment
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	-	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	2	2	-	-
Adequate notification (right to be informed)	-	-	5*	5	5	-	-
Access to information (right to access to information)	2	2	2	2	¤	2	2
*public hearings, ¤ irrelevant as decisions are published

Siting/Permitting

The issuance of location permits is regulated by the Law on Urban Planning and Other Activities of Land-Use (1984)⁸². A location permit must be obtained for the construction of buildings and facilities, and for other "actions/activities in spatial matters" which permanently change, inter alia, the ecological balance of nature or the significance of the landscape. Public participation is not foreseen in the process of the issuance of such permits.

The issuance of construction permits is regulated by the Law on Construction (1984)⁸³. Public participation is not foreseen in this process, although one of the elements which is subject to the permit is the analysis of the environmental impact of the construction in question.

TABLE 11: Siting and Permitting
	Initiation of DM (problem/ proposal)	Defining the scope, issues and stakeholders (pre-decision scoping)	Defining the scope of DM (impacts and alternatives)	Evaluation of the alternatives	Selection of the alternative (DM about the selected alternative)	Execution of the selected alternative	Post-decision monitoring & enforcement (feedback/ adjustment)
Phases of Decisionmaking LEVELS OF PUBLIC PARTICIPATION
Control of decisionmaking (right to decide)	-	-	-	-	-	-	-
Decisionmaking power is shared (right to joint decisionmaking)	-	-	-	-	-	-	-
Comments are seriously taken into account (right to be heard)	-	-	-	-	-	-	-
Adequate notification (right to be informed)	-	-	-	-	-	-	-
Access to information (right to access to information)	2	2	2	2	2	2	2

74. The Standing Order of the National Assembly (Parliament), Art. 157 [the Official Gazette, No. 40/93, 80/94, 3/95, 28/96, 26/97]. The Standing Order of the Government, Art. 6, 32, 36 and 81 [the Official Gazette, No. 13/93].
75. The Standing Order of the National Assembly (Parliament), Art. 157 [the Official Gazette, No. 40/93, 80/94, 3/95, 28/96, 26/97]. The Standing Order of the Government, Art. 6, 32, 36 and 81 [the Official Gazette, No. 13/93].
76. The original name of this statute in Slovenian is "Zakon o urejanju prostora" [the Official Gazette of the Socialist Republic of Slovenia, No. 18/84, 15/89, and the Official Gazette, No. 71/93].
77. The original name of this statute in Slovenian is "Zakon o urejanju naselij in drugih posegov v prostor" [the Official Gazette of the SRS, No. 18/84, 37/85, 29/86, 43/89, and the Official Gazette, No. 26/90-I, 3/91, 18/93, 43/93, 71/93, 29/95, 44/97].
78. The original name of this statute in Slovenian is "Zakon o planiranju in urejanju prostora v prehodnem obdobju" [the Official Gazette of the SRS, No.48/90].
79. The EPA, Art. 60.
80. The EPA, Art. 15 related to Art. 56(1)(6).
81. Some procedural rules for EIA are defined by the EPA, Art. 55-63. The general administrative procedure subsidiary apply in all other situations.
82. The original name of this statute in Slovenian is "Zakon o urejanju naselij in drugih posegov v prostor" [the Official Gazette of the SRS, No. 18/84, 37/85, 29/86, 43/89, and the Official Gazette, No. 26/90-I, 3/91, 18/93, 43/93, 71/93, 29/95, 44/97].
83. Published in the Official Gazette of the SRS, No.34/84, 29/86, 83/89, 5/90, the Official Gazette, No. 10/91, 17/91-I, 55/92, 13/93, 66/93, 71/93, 40/94, 69/94, 29/95, 59/96, 23/97.

REC * PUBLICATIONS * DOORS TO DEMOCRACY - CEE * SLOVENIA