Slovenia
[SI] Amendments to the Parliamentary Inquiry Act and impact on protection of sources
IRIS 2026-8:1/16
Deirdre Kevin
COMMSOL
The Parliamentary Inquiry Act in Slovenia governs the mechanism allowing the National Assembly to investigate matters of public importance. The National Assembly adopted amendments to this act on 26 May 2026 via a fast-track procedure. The amendments reduce the possibilities to request a review of the constitutionality and legality of an inquiry by the Constitutional Court within 30 days of the inquiry being ordered. The purpose of the review is to establish whether an inquiry is truly justified by public interest. Previously such a request could be made by the following: at least one-third of all MPs; the State Prosecutorial Council; the Bank of Slovenia; the Human Rights Ombudsman; the Court of Audit; a self-governing local community; the person under investigation; and any private individual or legal entity covered by the scope of the inquiry.
Since these changes to the act have come into force, only the Judicial Council or the Prosecutor General can request such a review. The Parliamentary Inquiry Act gives strong powers to parliamentary committees in the context of their investigations. Journalist organisations, civil society, human rights experts and opposition representatives in the Assembly have expressed concern that the removal of these additional safeguards represents a threat to fundamental rights. Journalists have also expressed concerns regarding the threat to the protection of journalists in the areas of confidentiality of sources and surveillance restrictions as protected under the European Media Freedom Act (EMFA). According to statements from Reporters Without Borders (RSF) and the Slovenian Association of Journalists: "The amended law lets politicians access a journalist's calls, messages, and sources before any judge can intervene.”
A legislative referendum on this new version of the Law will take place on 11 October. A "legislative referendum" allows citizens to reject a law passed by parliament before it goes into effect. The results of the referendum are binding. In order to initiate such a referendum 40 000 signatures need to be collected within a specific time period. Following the collection of these signatures, the referendum date was set in October along with several other referenda including the questions regarding the abolition of the licence fee for the public service broadcaster.
References
- Odlok o razpisu zakonodajnega referenduma o Zakonu o spremembah in dopolnitvah Zakona o parlamentarni preiskavi (OdZPPre-B)
- https://pisrs.si/pregledPredpisa?id=ODLO3208
- Government portal: Decree on Calling a Legislative Referendum on the Act Amending and Supplementing the Parliamentary Inquiry Act (OdZPPre-B)
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.