Water Protection Litigation in Slovenia

Dacar, Rok (2025) Water Protection Litigation in Slovenia. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 20 (39). pp. 323-343. ISSN 3058-0447

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Abstract

This article explores the possibilities for the private enforcement of the constitutional right to drinking water in Slovenia, enshrined in Article 70.a of the Constitution. Through an analysis of constitutional, civil, and administrative legal frameworks, it identifies both the structural availability and the practical limitations of existing mechanisms. While Slovenia offers several legal avenues for water-related litigation, their effectiveness is often hampered by procedural barriers, evidentiary challenges, and the absence of coherent implementing legislation. Particular attention is given to the role of the Constitutional Court and the underutilized potential of administrative remedies based on the Environmental Protection Act. Civil litigation, though possible in cases of identifiable harm, remains constrained by the inherent limits of tort law. The article argues that for Article 70.a to have meaningful legal effect, legislative reform and more active judicial engagement are essential.

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