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Press Release

26.10.17

154th Government Session on s.c. social enforcements prevention and Lipica Stud Farm

At today's session, members of the Government discussed among other things the proposed Šilih project, which will contribute to reducing and preventing sentinel events and other adverse events during medical treatment, and the draft Act amending the Enforcement and Securing of Claims Act.  

 

 

Under the terms of the draft Act approved by the Government at today's session, the Lipica Stud Farm will be proclaimed a monument of national importance and the traditional farming and breeding of Lipizzaner horses will be proclaimed intangible heritage of national importance. 

 

 

Government approves the Šilih project

The Šilih project has been under way since a settlement was reached with the Šilihs at the end of 2016. The couple have also given permission for their surname to be used as the name of the project. The first possible measures to improve the situation in the field of the prevention, identification and elimination of sentinel events and other adverse events during medical treatment, including adequate and timely judicial protection, were defined in early 2017. By involving relevant stakeholders and obtaining the necessary information, awareness has also been raised of the importance and sensitivity of cases that lead, during treatment, to unwanted consequences, including consequences of the most severe kind.

 

The purpose of the project is to define and approve measures to reduce and prevent sentinel events and other adverse events during medical treatment, measures for the more effective exercise of the right to suitable, high-quality and safe medical treatment, and measures to ensure efficient judicial proceedings in which the liability of the healthcare provider or healthcare worker for the death or serious physical injury suffered by a patient during medical treatment is established without unnecessary delay.

 

 

Draft Act amending the Enforcement and Securing of Claims Act

The Government has defined the text of the draft Act amending the Enforcement and Securing of Claims Act, eliminating the weaknesses of the existing provisions in relation to EU law and ensuring their harmonisation with the provisions of new EU legal acts that are applied directly in Slovenia. Amendments to the legal rules of the Enforcement and Securing of Claims Act (ZIZ) have also been defined as a result of Slovenia joining TARGET2–Securities (T2S), the single pan-European platform for securities settlement managed by the Eurosystem. Amendments were necessary in the part regulating the attachment of book-entry securities.

 

With this draft Act, the state also wishes to prevent so-called social enforcements involving immovable property, the fundamental characteristics of which are low debt and payments that are realistic or manageable from the point of view of the debtor. During enforcement proceedings involving the attachment of a property that represents the debtor's dwelling or a house in which the debtor is living, where the debt to be paid is clearly disproportionate to the established value of the property, the courts will be required to notify a social services centre. On receipt of such notification, the latter will commence the provision of social security services intended to eliminate social hardship and problems (e.g. social first aid, personal aid, family aid).

In the cases described, the draft Act also envisages an additional safety valve whereby even after expiry of the eight-day deadline from service of the enforcement decision, until the issuing of an order on public auction at the latest, the debtor may propose to the court that it allow an alternative means of enforcement or carry out enforcement on another immovable property. The court will also be able to determine another means of enforcement or other property of its own motion, if it establishes during the proceedings that the debtor has other property available that is sufficient for the payment of the creditor's claim.

 

If the debtor is unable to propose another means of enforcement, or the court is unable to determine one, it would nevertheless be possible to prevent enforcement on immovable property that is the debtor's home (e.g. in the case of a relatively low claim with the help of relatives, neighbours and charity organisations), in that the draft Act envisages an additional one-off possibility to postpone enforcement for six months on the basis of a reasoned opinion from a social services centre. In such cases, the courts can also order a postponement of enforcement without a reasoned opinion from a social services centre, but only for three months and only once.

 

The draft Act amending the ZIZ also regulates the legal basis for the introduction of online auctions of movable and immovable property. This will contribute to the better realisation of the sale of immovable and movable property and prevent abuses. The introduction of online public auctions may be expected to increase the success of sales, thanks to the better presentation of the subject of the auction and the participation of a wider circle of bidders.

 


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