Legal regulations concerning the use of armed force in Slovenia for non-defense tasks (1850-2011)

Abstract

Before the establishment of professional state security forces in Slovenia in 1850, the army was responsible for the maintenance of internal order. This was understandable, because other security forces were fairly weak and intended to serve local needs, for example to be used as a castle guard, financial guard or city watch.

The question of the role of the army in handling security-related events in the country only appeared with the creation of state security forces. In all regimes established in Slovenia since 1850, the intervention of the army was admissible only in accordance with the state constitution or military regulations. There were only minor differences in this regard under the three different regimes that have been in force in Slovenia, in particular between individual types of armed force, such as the regular (common) army, territorial (country) defence and auxiliary army. Interventions by the regular army have actually been common throughout, whether during imperial, royal or republican times. The most brutal, however, was the intervention of the Yugoslav People's Army in the spring of 1991. The regulations that were in force during all three mentioned periods also envisaged the assistance of the army at the time of natural disasters and mass gatherings and, in the third period, also help in the construction of various objects.

When Slovenia became independent in 1991, it adopted an act by which the territorial defence of that time could exceptionally intervene in special events. This was understandable in the period of preparation for gaining independence. Later, in 1994, such intervention was no longer provided for by law, which explicitly separated the army from political or party life in Slovenia. The Slovene army can only be used to provide help during natural or other serious disasters. Such a regulation applies in practically all countries, since the army is available, adequately equipped and located throughout all parts of a state. The Defence Act of 2004 and then the Service in the Slovene Army Act of 2007 to some degree extended the possible cooperation of the army with the police and with state and local authorities.