The Right to Security - An Outline of the Legal Regulation at the State and Local Levels in Slovenia

Abstract

In this article, the right to security is discussed through the prism of its regulation within Slovenian law at the state and local levels. As the fundamental right of an individual to personal safety and security, the right to security is explicitly determined in the Slovenian Constitution and international human rights treaties ratified by the Slovenian Parliament. In addition, it is also indirectly protected with other fundamental rights in constitutional and international law, as well as with certain provisions of criminal law, minor offence law, civil law, and administrative law. In terms of implementation of these provisions, however, safety and security is ensured by institutions of the national security system and by other state authorities and self-governing local communities carrying out their tasks and powers. In this article, the constitutional and statutory powers of police and municipalities in ensuring safety and security in local communities are analysed in more detail. In particular, it explores which activities of municipalities are necessary for the proper functioning of the local legal order in terms of ensuring the right to personal security. Special attention is drawn to the regulation and sanctioning of minor offences that fall within the competences of municipal councils, warden services and inspection services. In the last part of the outline, a tabular overview of the statutes that in any way refer to ensuring safety and security in local communities is provided.