De lege lata analysis of penalising offences in Slovenian city municipalities in 2015–2017

Bojan Tičar, Sara Kandolf, Miha Dvojmoč

Purpose:

In order to show the actual status of dealing with and sanctioning offences at the local level, the authors analysed the annual reports on the work of the municipal or inter-municipal warden departments in the municipalities in Slovenia. In the theoretical part of the article, the authors focused on two main areas of punishing offences, which are traffic safety and the public order.

Design/Methods/Approach:

The paper is prepared according to the methods of qualitative reports analysis, a grammatical interpretation of the applicable legislation (de lege lata analysis), as well as a teleological explanation of the scope of powers of the offence authorities in municipalities (5 analyses). Acquired data are substantively and statistically analysed.

Findings:

The number of offences detected by the municipal or inter-municipal warden departments in urban municipalities in Slovenia declines annually. Notwithstanding the decline in the number of violations found, the number of payment orders issued by most municipal or inter-municipal warden departments in urban municipalities in Slovenia, on an annual basis, remains relatively high or in some cases even increases.

Research Limitations / Implications:

If the annual reports on the work of the municipal or inter-municipal warden department were written on the same principle for all municipalities, it would be good to carry out a more detailed survey of their work in the future and compare the data with the work of the police as the main offence authority in the country.

Practical Implications:

The article is based on the awareness of the importance of warden departments as an offence authority and concisely, presents the scope of their work to the general public.

Originality/Value:

The article provides an overview of the work of the municipal or inter-municipal warden departments of urban municipalities in Slovenia over three-years. The article is aimed at the general public because it shows the municipal warden departments as an important minor offence authority that is empowered to ensure safety in the field of traffic safety and public order in the country.

UDC: 351.742(497.4)

Keywords: municipal warden department, offences, sanctioning offences, city municipality, powers

Full article in Slovene