However, she decided not to challenge the law that serves as a basis for the erection of a fence on the border with Croatia.

It was Radio Študent, a student radio station that previously failed to organize a referendum on the recent amendments to Slovenia’s Defence Act, that urged Nussdorfer to file the constitutional review proposal. Nussdorfer’s office then decided to challenge paragraph 37 of the country’s Defence Act. The paragraph would enable the army to help police control the country’s border in response to the refugee crisis.

Deputy ombudsman Ivan Šelih said at a press conference that the ombudsman’s office does not fully agree with Radio Študent when it comes to expanding army powers. However, he agreed that some provisions were defined too broadly. The most contentious provisions of the Act are those dealing with crowd and group control, as they are not even adequately defined for police officers. Furthermore, the ombudsman’s office highlighted problems concerning oversight and accountability, adding that the law also lacks effective complaint mechanisms.

The ombudsman’s office proposed that the Constitutional Court invalidate the contentious provisions and that the provisions in question should not be enforced until a final decision is rendered. Nussdorfer believes that the best solution would be for the government to simply change the Act.

Border fence act is not unconstitutional
According to deputy ombudsman Kornelija Marzel, the act on the border fence is not unconstitutional. However, she said that the execution of some of the measures could be borderline unconstitutional. Therefore, the ombudsman’s office approached the government with proposals to fix the issue. It called upon the government to consider removing parts of the border fence and to reimburse individuals affected by the fence.

Many locals, especially those living in Metlika and Črnomelj, have been rallying against the fence. However, Nussdorfer did not address the grievances of a civil initiative that seeks to effect the removal of the fence on the border with Croatia. The civil initiative drafted a review proposal challenging the erection of the razor-wire fence and asked Nussdorfer to file the proposal with the Constitutional Court. The initiative also urged her to call upon the government to remove the fence along the border with Croatia.

G. K., Al. Ma.; translated by D. V.