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Decision on appointing a court appraiser

A decision to appoint a court appraiser is issued by the minister responsible for justice. A person who wishes to be appointed should submit an application for the appointment on the prescribed form to the Ministry of Justice after an open call to submit applications for the appointment of court experts, certified appraisers and court interpreters has been published in the Official Gazette of the Republic of Slovenia and on the website of the Ministry.

A court appraiser may commence work when they have taken an oath before the minister. . The ministry provides a stamp and a card for a court appraiser at the appraiser's costs.

A court appraiser is entered in the directory of court appraisers managed by the ministry responsible for justice.

Conditions

These terms apply to the profession Court appraiser

  • A person must be a citizen of the Republic of Slovenia or any other Member State of the European Union (EU) or the European Economic Area (EEA).

    Evidence

    The information on the citizenship is acquired by the ministry from the central record of citizenship.

    If the applicant is a citizen of a Member State of the EU or EEA and is not a citizen of the Republic of Slovenia, they must submit together with the application evidence that they are citizens of the EU or EEA and a certificate of legal capacity, and at the same time they must state the competent institution where they acquired an active knowledge of the Slovenian language (Level C2 according to the scale of the Common European Framework of Reference for Languages).

    The certificate must be certified pursuant to Article 14 of the Act on Verification of Documents in International Traffic (Official Gazette of the Republic of Slovenia, No. 9/17). Foreign documents may be used in the Republic of Slovenia if they are certified, after previous certification in the document's country of origin, by the ministry of the Republic of Slovenia responsible for foreign affairs or by a diplomatic mission and consular post of the Republic of Slovenia abroad, if an internationaltreaty or legal act of the EU does not stipulate otherwise.

  • The full legal competence is acquired by an adult natural person when he or she reaches the age of 18, by marrying prior to coming of age, and, with a court decision, also a minor who becomes a parent.

  • A person whose work or actions do not demonstrate justified expectations that expert appraisals will be rendered honestly or conscientiously or do not warrant justified expectations that they will protect the reputation and credibility of certified appraisal shall not be fit to provide certified appraisal. The condition shall also be deemed not met when five years have not yet passed since a final decision on dismissal.

    Legal basis

  • A person must not be convicted res judicata of a premeditated criminal offence prosecuted ex officio which would render them morally unfit to provide certified appraisal, as it could prevent the impartial or professional performance of their work or harm the reputation of the court.

  • A person must have pre-Bologna university education or has concluded a Bologna master's study programme.

    Exceptionally, the person may be appointed a court appraiser with lower education than stipulated if the required condition of education cannot be met, since a suitable level of the study programme does not exist in the Republic of Slovenia.Supporting evidence.

    Evidence

    Evidence of the acquired education is acquired by the ministry from the competent institution.

  • To establish the condition of expert knowledge and practical skills and experience of the applicant, the Ministry of Justice  refers to a candidate to take a special proficiency test. which is conducted before a commission.The test includes an examination of knowledge of the appropriate area and sub-area of expertise, and practical skills and experience, including knowledge of regulations, theory and professional practice from a specific area and sub-area of expertise, and examination of legal knowledge.

    The test is conducted in written and oral form.

    The written part comprises a written task from the area and sub-area of expertise for which the test is taken.

    The oral part includes defence of the written part and an examination of knowledge from the appropriate area and sub-area of expertise, as well as examination of practical skills and experience, knowledge of guidelines on the preparation of appraisals and an examination of legal knowledge covering knowledge of the foundations of: constitutional arrangement of the Republic of Slovenia:

    • organisation and and functioning of the judiciary,
    • court proceedings,
    • rules of presenting evidence,
    • legal provisions on the rights and duties of certified appraisers, and
    • law and institutions of the European Union.

    The price of the special proficiency test for court appraisers is EUR 438,00.

    Evidence

    • The applicant who has passed the test is issued a certificate of successfully completed test. The ministry acquires the certificate of successfully completed special proficiency test from its own records.

  • A person must have six years' work experience in the field in which they wish to perform appraiser work.


    A certificate or statement with a precise indication of the field and duration of the professional experience and employment of the candidate is considered proof of work experience

    Evidence

    A candidate must propose evidence of work experience.

  • A person must not perform the activity which is not compatible with the work of a court appraiser.

  • A person must be active in Slovenian.

    If a person is a citizen of a Member State of the European union or European Economic Area and is not a citizen of the Republic of Slovenia, they must state together with the application where they acquired an active knowledge of the Slovenian language (Level C2 according to the scale of the Common European Framework of Reference for Languages).

  • A person may be appointed as a court appraiser if they have not been dismissed as a court appraiser in accordance with the provisions of Court experts, certified appraisers and court interpreters Act on grounds of permanent withdrawal of the right to provide appraisals.

Renewal term

Regardless of the fact that a court appraiser is appointed for an unlimited period, after five years from the day of their appointment and later every five years, they must submit to the Ministry of Justice evidence of professional training and knowledge of new discoveries and methods in their profession or of participation at consultations and professional education organised by the competent state authority, an authorised organisation, professional association or another professional organisation.

Within five years, a court appraiser must attend at least five professional training courses.

If a court appraiser does not submit evidence of professional training, or if the Council of Experts deems the submitted confirmations inadequate or insufficient, they may verify the proficiency and practical skills of a certified appraiser in one of the other ways for verifying proficiency under the law governing court experts, certified appraisers and court interpreters which they consider to be the most appropriate.

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