Common use of Enforcement Procedures Clause in Contracts

Enforcement Procedures. Lengthy civil and commercial proceedings and enforcement procedures are significant obstacles to business activity and to taking advantage of corporate development potential, which also reduces the attractiveness for foreign direct investment.175 Consequently, to ensure more effective enforcement, Slovenia will primarily invest in the optimisation of resolving enforcement matters both in direct court proceedings as well as in proceedings with enforcement officers, namely with selected tools to accelerate enforcement, organisational measures and targeted computerising solutions for elimination of bottlenecks in the entire enforcement procedure. Training for the full spectrum of stakeholders involved in implementing enforcement procedures will also be supported in a complementary manner. The above-mentioned is in line with Country Specific Recommendation no. 6 for Slovenia to reduce the number of pending cases, particularly enforcement cases. Due to commercial crime and corruption, Slovenia is characterised by a high level of distrust in the judicial system, which discourages foreign investors who are essential for boosting the economy.176 The results of the Corruption Perception Index research carried out by the non-governmental organisation Transparency International also emphasise the worsening situation regarding corruption. In 2013, Slovenia ranked 43rd among 177 countries reviewed, or 20th among the European Union Member States.177 Slovenia will provide for the detection and effective prosecution of economic crime and corruption in all possible forms, as these phenomena fundamentally distort natural competition between companies (general and special prevention). The illicit origin of property which represents a market benefit not acquired through competition and the maximisation of benefits for end users of goods and services in the market also distorts competitiveness and inhibits healthy and sustainable economic growth. Therefore, Slovenia will enhance the effectiveness of mechanisms to confiscate assets of unlawful origin. To prosecute the worst forms of economic crime and corruption effectively, Slovenia will use mechanisms to optimise its legislative and organisational structures, investing in human 174 The discussed issue of lengthy bankruptcy procedures was also emphasised in the latest recommendation of the Organisation for Economic Co-operation and Development (OECD), Economic Survey of Slovenia 2013. 175 It can be concluded from the trend of enforcement cases that the judicial system of the Republic of Slovenia has managed the caseload of enforcement cases for several years, but that it is still burdened with a relatively high number of cases pending from previous periods. See: Justice Scoreboard – a tool promote effective justice and growth, COM(2013) 160 final, 27 March 2013. 176 Ernst & Young research on corruption among managers. 177 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/whatwedo/pub/cpi_2013 resources development in the wider field of the prosecution of economic crime and investing in improving the connectivity of information systems. In 2014, both indicators declined for Slovenia – 55th place on the IMD’s international competitiveness scale178 and 56th place in the global competitiveness report of the WEF 2013179. Key factors effecting entrepreneurship are inefficient public administration and corruption. In accordance with the Council recommendations,180 Slovenia will continue to implement measures and activities to increase the transparency and accountability of public administration and implement external performance evaluation and quality control procedures. A comprehensive quality management system, and the monitoring of measurable objectives and performance through process indicators have not been introduced systematically in this field yet. The implementation of quality systems in administrative bodies with the use of the CAF model and regular systematic self-assessment181 has been taking place since 2002; however, wider application is still at a relatively low level and is usually conducted in administrative units rather than ministries and government offices. The system for the external evaluation of the quality of performance of administrative bodies has not been implemented, although several pilot projects were conducted between 2006 and 2008. Tools for the quality management of operations, the promotion of continuous improvement, a system of measurable objectives, monitoring of operations with process indicators and a system of external performance evaluation for administrative bodies (mainly the CAF model – Common Assessment Framework) will be introduced. A uniform information platform for system support for quality management and the unification of fundamental objectives, principles and working methods will be implemented, including a forum for the exchange of expert opinions, best practices and comparative learning. In accordance with the principles ‘one-stop-shop’, ‘once only’ and ‘think small first’, the updating and harmonising of inspection services’ operations has to be implemented. A uniform information system will be introduced to achieve the aforementioned objective, which will enable state authorities (inspection services) to capture and re-use information submitted to state authorities by individual business entities. Data on supervisions and irregularities established in the last five years will be captured comprehensively by any inspection service per each individual business entity. In compliance with the legislation,182 the exchange of documents and data solely by electronic means in the state administration will thus be fully implemented, which will affect the efficiency of state authorities, quality control and competitive capacity of business entities. In accordance with Council Recommendations183 and on the basis of the Programme of the Government of the Republic of Slovenia on the prevention of corruption,184 Slovenia will further implement measures and activities in public administration to raise integrity and prevent corruption. In addition to improving the legislative framework, efforts will be particularly directed towards measures to prevent corruption, improve transparency and accountability and limit corruption risks, while observing mechanisms for 178 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/news/World-Competitiveness-2013.cfm 179 ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/docs/WEF_GlobalCompetitivenessReport_2013-14.pdf 180 Council Recommendation on Slovenia’s 2014 National Reform Programme and Council opinion on Slovenia’s 2014 Stability Programme (Recommendation no. 8). 181 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/si/o_ministrstvu/kakovost_v_javni_upravi/skupni_ocenjevalni_okvir_caf 182 Decree on administrative operations, General Administrative Procedure Act. 183 Measures in the field of corruption are discussed explicitly in Recommendation no. 8. 184 Program Vlade Republike Slovenije za prepreèevanje korupcije (Programme of the Government of the Republic of Slovenia on the prevention of corruption) was adopted on 5 March 2014: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/fileadmin/▇▇▇.▇▇▇.▇▇/pageuploads/SOJ/word/MNZ-VRS-PK- marec2014.pdf. The so-called First interim report was adopted by the Government of the Republic of Slovenia on its implementation on 29 May 2014: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/si/novinarsko_sredisce/novica/browse/1/article/12208/8850/943bd83ad6dd53ca761ffeb85180d9ab/ evaluation and quality control with process optimisation and the use of modern ICT tools (e.g. computerising risk register), whereby cooperation with the Commission for the Prevention of Corruption will be enhanced.

Enforcement Procedures. Lengthy civil and commercial proceedings and enforcement procedures are significant obstacles to business activity and to taking advantage of corporate development potential, which also reduces the attractiveness for foreign direct investment.175 investment.178 Consequently, to ensure more effective enforcement, Slovenia will primarily invest in the optimisation of resolving enforcement matters both in direct court proceedings as well as in proceedings with enforcement officers, namely with selected tools to accelerate enforcement, organisational measures and targeted computerising solutions for elimination of bottlenecks in the entire enforcement procedure. Training for the full spectrum of stakeholders involved in implementing enforcement procedures will also be supported in a complementary manner. The above-mentioned is in line with Country Specific Recommendation no. 6 for Slovenia to reduce the number of pending cases, particularly enforcement cases. Due to commercial crime and corruption, Slovenia is characterised by a high level of distrust in the judicial system, which discourages foreign investors who are essential for boosting the economy.176 economy.179 The results of the Corruption Perception Index research carried out by the non-governmental organisation Transparency International also emphasise the worsening situation regarding corruption. In 2013, Slovenia ranked 43rd among 177 countries reviewed, or 20th among the European Union Member States.177 States.180 Slovenia will provide for the detection and effective prosecution of economic crime and corruption in all possible forms, as these phenomena fundamentally distort natural competition between companies (general and special prevention). The illicit origin of property which represents a market benefit not acquired through competition and the maximisation of benefits for end users of goods and services in the market also distorts competitiveness and inhibits healthy and sustainable economic growth. Therefore, Slovenia will enhance the effectiveness of mechanisms to confiscate assets of unlawful origin. To prosecute the worst forms of economic crime and corruption effectively, Slovenia will use mechanisms to optimise its legislative and organisational structures, investing in human 174 The discussed issue of lengthy bankruptcy procedures was also emphasised resources development in the latest recommendation wider field of the Organisation prosecution of economic crime and investing in improving the connectivity of information systems. In 2014, both indicators declined for Economic Co-operation Slovenia – 55th place on the IMD’s international competitiveness scale181 and Development (OECD)56th place in the global competitiveness report of the WEF 2013182. Key factors effecting entrepreneurship are inefficient public administration and corruption. In accordance with the Council recommendations,183 Slovenia will continue to implement measures and acitivities to increase the transparency and accountability of public administration and implement external performance evaluation and quality control procedures. A comprehensive quality management system, Economic Survey and the monitoring of Slovenia 2013measurable objectives and performance through process indicators have not been introduced systematically in this field yet. 175 The implementation of quality systems in administrative bodies 178 It can be concluded from the trend of enforcement cases that the judicial system of the Republic of Slovenia has managed the caseload of enforcement cases for several years, but that it is still burdened with a relatively high number of cases pending from previous periods. See: Justice Scoreboard – a tool promote effective justice and growth, COM(2013) 160 final, 27 March 2013. 176 179 Ernst & Young research on corruption among managers. 177 180 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/whatwedo/pub/cpi_2013 resources development in the wider field of the prosecution of economic crime 181 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/news/World-Competitiveness-2013.cfm 182 ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/docs/WEF_GlobalCompetitivenessReport_2013-14.pdf 183 Council Recommendation on Slovenia’s 2014 National Reform Programme and investing in improving the connectivity of information systemsCouncil opinion on Slovenia’s 2014 Stability Programme (Recommendation no. In 2014, both indicators declined for Slovenia – 55th place on the IMD’s international competitiveness scale178 and 56th place in the global competitiveness report of the WEF 20131798). Key factors effecting entrepreneurship are inefficient public administration and corruption. In accordance with the Council recommendations,180 Slovenia will continue to implement measures and activities to increase the transparency and accountability of public administration and implement external performance evaluation and quality control procedures. A comprehensive quality management system, and the monitoring of measurable objectives and performance through process indicators have not been introduced systematically in this field yet. The implementation of quality systems in administrative bodies with the use of the CAF model and regular systematic self-assessment181 assessment184 has been taking place since 2002; however, wider application is still at a relatively low level and is usually conducted in administrative units rather than ministries and government offices. The system for the external evaluation of the quality of performance of administrative bodies has not been implemented, although several pilot projects were conducted between 2006 and 2008. Tools for the quality management of operations, the promotion of continuous improvement, a system of measurable objectives, monitoring of operations with process indicators and a system of external performance evaluation for administrative bodies (mainly the CAF model – Common Assessment Framework) will be introduced. A uniform information platform for system support for quality management and the unification of fundamental objectives, principles and working methods will be implemented, including a forum for the exchange of expert opinions, best practices and comparative learning. In accordance with the principles ‘one-stop-shop’, ‘once only’ and ‘think small first’, the updating and harmonising of inspection services’ operations has to be implemented. A uniform information system will be introduced to achieve the aforementioned objective, which will enable state authorities (inspection services) to capture and re-use information submitted to state authorities by individual business entities. Data on supervisions and irregularities established in the last five years will be captured comprehensively by any inspection service per each individual business entity. In compliance with the legislation,182 legislation,185 the exchange of documents and data solely by electronic means in the state administration will thus be fully implemented, which will affect the efficiency of state authorities, quality control and competitive capacity of business entities. In accordance with Council Recommendations183 Recommendations186 and on the basis of the Programme of the Government of the Republic of Slovenia on the prevention of corruption,184 corruption,187 Slovenia will further implement measures and activities in public administration to raise integrity and prevent corruption. In addition to improving the legislative framework, efforts will be particularly directed towards measures to prevent corruption, improve transparency and accountability and limit corruption risks, while observing mechanisms for 178 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/news/World-Competitiveness-2013.cfm 179 ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/docs/WEF_GlobalCompetitivenessReport_2013-14.pdf 180 Council Recommendation on Slovenia’s 2014 National Reform Programme and Council opinion on Slovenia’s 2014 Stability Programme (Recommendation no. 8). 181 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/si/o_ministrstvu/kakovost_v_javni_upravi/skupni_ocenjevalni_okvir_caf 182 Decree on administrative operations, General Administrative Procedure Act. 183 Measures in the field of corruption are discussed explicitly in Recommendation no. 8. 184 Program Vlade Republike Slovenije za prepreèevanje korupcije (Programme of the Government of the Republic of Slovenia on the prevention of corruption) was adopted on 5 March 2014: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/fileadmin/▇▇▇.▇▇▇.▇▇/pageuploads/SOJ/word/MNZ-VRS-PK- marec2014.pdf. The so-called First interim report was adopted by the Government of the Republic of Slovenia on its implementation on 29 May 2014: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇.▇▇/si/novinarsko_sredisce/novica/browse/1/article/12208/8850/943bd83ad6dd53ca761ffeb85180d9ab/ evaluation and quality control with process optimisation and the use of modern ICT tools (e.g. computerising risk register), whereby cooperation with the Commission for the Prevention of Corruption will be enhanced.