At its Human Rights meeting on 17-19 September, the Committee of Ministers noted with satisfaction the enactment by the Slovenian parliament in May 2024 of the Law on the Judicial Protection for Former Holders of Eligible Liabilities of Banks (“the 2024 Law”), providing the former holders of cancelled shares and bonds with access to a legal remedy enabling them to challenge the interference with their right of property.
It recalled that the European Court, in the Pintar and Others judgment, identified a structural problem affecting thousands of former holders of cancelled shares and bonds as a result of the extraordinary measures taken by the Bank of Slovenia in 2013 and 2014. The Court indicated that it is essential that all affected persons have access to a legal avenue enabling them to effectively challenge the interference with their right of property, and that these proceedings are conducted without any further unnecessary delays.
The Committee now invited the Slovenian authorities to provide information on the application of the 2024 Law, namely on the progress in the processing of the individual and collective lawsuits, the possible appointment of the special committee of independent experts charged with drafting a preliminary opinion on whether the former owners incurred damage due to the impugned measures, and on the outcome of the related proceedings. This will enable the Committee to conduct an assessment of the effectiveness of the Law and the legal remedy in practice.
Decision of the Committee of Ministers (1507th meeting)
