Estratti dal rapporto della Commissione europea sui progressi della Slovenia nell’accesso all’Unione europea
Chapter 2: Free movement of persons

Limited progress has been made in this area since the last Regular Report.In the area of mutual recognition of professional qualifications, no major developments
have taken place as regards the horizontal framework.As regards sectoral alignment, a new Veterinary Service Act was adopted in April 2001, which adapts the role of the implementing institution to acquis requirements.In order to comply with the acquis concerning the legal profession, a new Act amending the Attorneys Act was adopted in March 2001. It contains provisions for the free movement oflawyers, which will be implemented upon accession.
As regards citizen’s rights, no new developments can be reported.
With regard to free movement of workers, between December and January the Governmentissued some secondary legislation based on the Employment and Work of Aliens Act. This legislation is intended to facilitate employment procedures for EU nationals before accessionand to eliminate obstacles following accession. The preparations for the Employment Service of Slovenia to enter the European Employment Services (EURES) network continued in 2000,mainly through staff training.
On the co-ordination of the social security systems, training has been provided for staff as part of a two-year programme. The Act Amending the Social Security Act adopted in March2001 introduces amendments relating to social security payments to foreigners. Upon
accession, workers from other Member States will be eligible for social assistance benefits.Furthermore, proof of compulsory insurance or sufficient own means of subsistence will not be required from EU workers and members of their families.

Overall assessment

The level of alignment varies widely in different areas and further efforts are required especially
on mutual recognition of professional qualifications and citizen’s rights.In the area of mutual recognition of professional qualifications, alignment has advanced only in a few areas. The Act on National Vocational Qualifications adopted in August 2000 defines thegeneral system of professional qualifications and training. It defines the roles of the various institutions dealing with professional qualifications. It is important that the amendments to theact, which are essential for alignment, are adopted within the planned timetable. Individual legal acts issued by governmental bodies or authorised organisations of the former Yugoslavia remainin force, provided their validity has not been revoked by individual acts. This applies to all diplomas and certificates acquired in the territory of the former Yugoslavia prior to June 1991that are valid and need no recognition in Slovenia.
With respect to professional qualifications obtained before harmonisation, Slovenia should
introduce measures to ensure that all its professionals can, as of accession, meet therequirements laid down by the directives. It will need to be ensured that, by accession, there are
no provisions in Slovenia’s legislation which contradict Community rules, notably with respect tonationality, residence or language requirements. In particular provisions relating to knowledge of
the Slovene language should be proportionate. As regards citizens’ rights, it is important that the legislation to implement the acquis onresidence rights and voting rights is adopted according to the planned schedule. Legislation on the free movement of workers already incorporates most of the principles andprovisions of the acquis even though a number of these will only become effective upon accession. Before accession, Slovenia will have to adopt new legislation in order to allow EUcitizens access to certain civil service jobs, and will have to amend the provisions relating to medical certificates by means of the envisaged Employment Relations Act, which is pending inparliament. The Ministry of Labour, Family and Social affairs and the Employment Service of Slovenia willneed to employ or train officials to co-ordinate tasks related to job brokering within the EURES system.
As regards co-ordination of social security systems, further legislative work is required.Amendments to the Social Assistance Act, to the Act on Employment and Insurance in Case of
Unemployment, and to the Housing Act remain to be adopted.As far as the administrative structure in this area is concerned, the co-ordinating unit responsible for implementation has already been established. However, this structure should be reinforcedthrough continued increase in staff and training activities. Slovenia continues to implement the bilateral agreements on social security it has signed with allMember States except France, Sweden, the UK, Luxembourg and Spain.

Chapter 24: Co-operation in the field of justice and home affairs

Slovenia has made some progress since the last Regular Report on Justice and Home Affairs,both in terms of the harmonisation of legislation and strengthening of the administration. Amendments to the Act on Personal Data Protection setting out the responsibilities of different
institutions were adopted in June 2001. An Inspectorate for Personal Data Protection will beset up to supervise personal data protection while the independent supervision of implementation of the act will be exercised by a Personal Data Ombudsman. Concerning visa policy, instructions on issuing of visas at border crossings, (including refusal ofentry for foreign nationals), on issuing of visas on humanitarian grounds and on revoking a visas were introduced in January 2001. A list of countries whose citizens need airport transit visaswhen transiting through Slovenian airports was adopted in July 2001. New Slovenian passports were issued in March 2001 on the basis of the Law on passports for Slovenian citizens adoptedlast year. The introduction of the electronic information system (Vision) continued. Since the last Regular Report, Slovenia has made some progress concerning control of external borders, but this area still remains a priority to be tackled. The Slovenian andCroatian Governments agreed in July 2001 on the demarcation of the outstanding parts of the sea and land border. Once the agreement is ratified by both Parliaments, Slovenia’s lastremaining border issue with its neighbours will have been settled. The border co-operation agreement with Croatia, which had been awaiting ratification since 1997, was ratified bySlovenia in July 2001.
In May 2001, the Government adopted a Schengen Action Plan identifying the needs for theperiod 2000 – 2005 for further recruitment of staff to ensure adequate control of the future EU
external border, and for training and purchase of equipment. Concerning migration, the Act on Employment of Third Country nationals entered into force inJanuary 2001. Slovenia ratified the agreement with Romania on re-admission in March 2001. Amendments to the Asylum Act concerning detention of asylum seekers suspected ofdeception and abusing procedures and facilitating the return of illegal immigrants to Hungary and Croatia were adopted in December 2000. Amendments to the act adopted in July 2001aim at improving the efficiency of procedures for granting refugee status. They also regulate the distribution of asylum homes in various parts of the country, the granting of asylum forhumanitarian reasons, as well as special protection. They also include a provision on the right of every asylum seeker to consult a refugee councellor. Rules concerning conditions and theprocedure for the reception and accommodation of aliens in the Centre for Foreigners were adopted in October 2000.A new department was created in the Ministry of the Interior inSeptember 2000 to deal with asylum applications. It has 13 staff.

The implementation of the reorganisation of the Ministry of Interior and the Police has continuedon the basis of the legislation adopted last year. 363 new police officer candidates have been
recruited in 2000. A Criminal Investigation Police Directorate (with a section for organisedcrime) and units for computer crime, criminal analysis and investigation support have been set
up. Concerning police co-operation, the Co-operation agreement between Slovenia andEuropol was signed on October 1, 2001. The Slovenian police have enhanced co-operation
with police in the Member States, especially with Italy, in the areas of training, equipment andco-operation in state border control. Joint police patrols have been established to patrol the
most vulnerable part of the Slovenian – Italian border since January 2001 in order to preventillegal border crossings. Slovenia ratified an agreement with Romania in March 2001 concerning
– among other things – co-operation in fight against organised crime.
Concerning the fight against fraud and corruption, Slovenia became a full member of theOECD Working Group on Combating Bribery of Public Officials in International Business
Transactions in January 2001 and ratified the OECD Convention on Combating Bribery ofForeign Public Officials in International Business Transactions in September 2001 (see also
Section B.1.1. – Democracy and the rule of law).A decision on the organisation of a Prohibited Drugs Information Unit in the Ministry of Health was issued in March 2001. The unit will be responsible for the co-ordinated collection of dataand exchange of information nationally and internationally. It will also become the Reitox (European information network on drugs and drugs addiction) focal point. A new law on money laundering has been adopted in September 2001. It extends the liabilityto legal persons and aims at improving the co-ordination of the relevant authorities in this area. Regarding customs co-operation, Slovenia has ratified agreements with FYROM and Norwayon mutual assistance in customs demands.
Concerning judicial co-operation in criminal and civil matters, Slovenia has ratified theEuropean Convention on Mutual Legal Assistance in Criminal Matters and the additional
protocol to the same convention in May 2001. A law allowing Slovenia to improve its co-operationwith the UN International Criminal Tribunal for the former Yugoslavia was adopted in
December 2000.

Overall assessment

The overall situation and level of alignment in the Justice and Home Affairs area is good
although establishing adequate border controls especially at the future EU external border aswell as implementation of the Asylum Act will require a further sustained effort.
The legislative framework for data protection is largely in place, however, the Classified DataAct still remains to be adopted. The main task remains the establishment of the new institutions foreseen for supervision in this area. Slovenia ratified the Council of Europe Convention on theprotection of Individuals with regard to Automatic Processing of Personal Data in 1994.
Slovenian visa policy is close to alignment. The only outstanding question is the visa policy onRomania. However, the Government decided last year that Slovenia will follow the visa policy
of the EU on Romania. The Government continues to implement measures to improve border control, especially at thegreen border with Croatia. The activities are co-ordinated by a group set up by the Government last year. The Schengen Action Plan adopted by the Government in May provides theframework for measures in this area. Enhanced border control is especially important, as
Slovenia has increasingly become a transit country for illegal immigrants, mainly over theborders with Croatia and Hungary. About 36,000 illegal border crossings were reported in 2000 – this represents a 91% increase from year 2000. Substantial Community assistance isbeing provided for border control. Slovenia has a simplified border crossing regime with Austria and Italy and agreements with all neighbouring countries (Austria, Croatia, Italy,Hungary) concerning the right to enter the territory of Slovenia with identity cards. And similar agreements with Hungary and Italy are being prepared. As far as migration is concerned, the Law on Foreigners covers the entry and residence of foreign nationals in Slovenia. Part of the implementing legislation has been adopted – but somelegislation concerning issuing of visas and residence permits still remains to be adopted. As Slovenia is increasingly becoming a transit country for illegal immigrants, including trafficking ofhuman beings, it should increase its capacity to tackle trafficking and provide suitable training for the relevant authorities. Slovenia has readmission agreements with 23 countries includingAustria, Belgium, Bulgaria, Canada, Croatia, Denmark, Estonia, France, Greece, Hungary,
Italy, Latvia, Lithuania, Luxembourg, Macedonia, the Netherlands, Poland, Romania, Slovakiaand Switzerland. The basic legislation on immigration and asylum is in place since 1999. Implementing legislation for the Asylum Act still remains to be adopted from the point of view of the rights of asylumseekers and the procedure for handling asylum applications. The creation of an asylum home separate from the deportation centre for illegal immigrants is an urgent priority. Both arecurrently located in the same building, the general conditions in which are a source of concern
due to over-crowding. The centre houses up to 600 persons although its capacity is only 150-300. Community assistance will be provided to set up the home and to upgrade the centres for
illegal immigrants in different parts of the country. The number of asylum seekers is increasing rapidly (800 in 1999 and 13,000 in 2000). Partly as a result of this, there is a large backlog of
pending asylum applications. At the end of 2000, there were over 8,000 pending applicationsand only 57 decisions were taken. By April 2001, only 14 applicants had been granted asylum.
Many of the asylum seekers leave the country after they have filed an application. Amendmentsto the asylum law submitted to the Parliament aim at improving the efficiency of the procedure.
The National Action Plan on Asylum provides the framework for further measures in this area.
The legislative framework in the area of fraud and corruption is in place. The reorganisation of the Slovenian Police, which started last year, is intended among other things to improve thecapacity of the police in this area. The police has specialised units for fraud and corruption. Adequate training on financial and economic crime should be provided to ensure sufficientinvestigation capacities. Slovenia should continue to improve co-ordination between the
different law enforcement bodies to fight organised crime. Slovenia’s Penal Code contains legalprovisions which, to a great extent, adapt it for Slovenia’s eventual accession to the Convention
on the protection of the EC’s financial interests. The Council of Europe Civil Law Conventionon Corruption remains to be ratified. The legislative basis for prevention of money laundering is in place. The National Office for Money Laundering Prevention continues to act as the Slovenian Financial Intelligence Unit.The legal framework in the area of illicit drugs has largely been put in place. Further strengthening of the institutions in this area would enable the authorities to tackle drug problemsmore effectively. Efficient control of drug transit presupposes strengthened border control especially at the borders with Croatia and Hungary. Government statistics on drug-related crimeindicate a considerable increase in the 1990’s. Slovenia is also increasingly becoming a drug consumer in addition to being a transit country on the Balkan route and it is important that theauthorities tackle also domestic drug consumption adequately. Concerning customs co-operation, Slovenia’s co-operation with OLAF has been effective. Regarding international judicial co-operation, Slovenia has extradition agreements with Austria, Croatia, France, FYROM, Germany, Italy, Romania and Turkey.All the human rights legal instruments, which are part of the Justice and Home Affairs acquis, have been ratified by Slovenia.

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