TFL Vsebine / TFLGlasnik

1 Introduction

Concern for the safety of the population and a clean and healthy environment are today’s priorities not only at the state but also municipal levels. The responsibility for such cannot be simply divided between the state and municipalities, but must be ensured through collaboration between both levels. In addition to other repressive authorities, also municipal warden services are responsible for the safety of individuals, road traffic safety, and general compliance with the statutes at the local level (Lavtar in Kečanović, 2007).

The authorities that most often handle offences that fall within the jurisdiction of municipalities and impose sanctions for the violation of such are municipal warden services and municipal inspection services. It can be said that imposing sanctions for minor offences is a basic tool for ensuring safety in local communities.

In accordance with the legislation in force, in Slovenia a minor offence is an act that entails a violation of a law, a Government decree, or an ordinance of a self-governing local community that is determined to constitute a minor offence and for which a sanction is prescribed (Zakon o prekrških [ZP-1], 2011).

The tasks of municipal warden services and their scope of operations are determined by the Municipal Warden Service Act (Zakon o občinskem redarstvu [ZORed], 2006) and by a municipal ordinance adopted on the basis of Article 2 of the above-mentioned Act by the municipal council upon the proposal of the mayor. A municipal council also decides whether to establish an inter-municipal warden service as an authority of joint municipal administration established by at least two municipalities by an ordinance. If a municipality does not establish a municipal warden service or an inter-municipal warden service with other municipalities, it must determine a minor offence authority with the power to decide on minor offences falling within the field of operations of municipal warden services (ZORed, 2006).

This paper primarily focuses on minor offences that entail violations of municipal ordinances and the provisions of the Minor Offences Act (ZP-1, 2011) that are relevant for determining minor offences in municipal ordinances. With reference to such, the statutory powers of municipalities in the field of minor offences and the role of the Police as the principal minor offence authority in the state are discussed in more detail. In order to illustrate the current state as regards imposing sanctions for minor offences at the municipal level, the annual reports on the operations of municipal and inter-municipal warden services in urban municipalities in Slovenia are analysed. The acquired data will be compared to data on police operations in the field of the protection of public order and road traffic safety.

2 Determining Minor Offences in Municipalities – Legal Framework

The Constitution of the Republic of Slovenia (Ustava Republike Slovenije [URS], 1991) does not contain any special provisions on inspection services; it does, however, provide a foundation and legal framework for the statutory regulation and operation of inspection. Inspection is also not specifically regulated at the EU level, therefore it is left to each member state to regulate the field as it deems suitable, taking into account the EU legal order (Rakar, Doljak in Tičar, 2016).

In the Slovenian legal order, minor offence law consists of a general part (i.e. general provisions) and a specific part (i.e. provisions on individual minor offences). While the provisions on individual minor offences are scattered over numerous laws and executive regulations containing descriptions of individual minor offences, the general provisions are provided in one law, i.e. the Minor Offences Act (ZP-1, 2011). The Minor Offences Act is a systemic act that provides for the general conditions for determining individual minor offences and prescribes sanctions for such, the general conditions as to accountability for committing a minor offence, the general conditions for imposing and enforcing sanctions for minor offences, minor offence proceedings, and the bodies and courts that decide in such proceedings (Selinšek, 2003).

The state is transferring more and more competences and tasks to individual municipalities by various laws. Article 21 of the Local Self-government Act (Zakon o lokalni samoupravi [ZLS], 2007) determines that municipalities may independently manage local affairs of public importance (i.e. original tasks) that are determined by a general act of the municipality (e.g. an ordinance) or which are determined in a law. It is, inter alia, determined that in order to satisfy the needs of its residents, a municipality shall also fulfil other duties in accordance with an Act, namely that it regulate traffic in the municipality and perform tasks concerning the municipal warden service. Article 3 of the Financing of Municipalities Act (Zakon o financiranju občin [ZFO-1], 2006) determines that municipal financing is based on the principles of local self-government, mainly on the principle of the proportionality of sources of financing with the municipal tasks and on the principle of the independence of municipalities in financing municipality tasks. The revenues from the imposition of fines for minor offences in the amount laid down by the act determining such offences is thus one of the primary sources of the financing of municipalities (ZFO-1, 2006).

Pursuant to the first paragraph of Article 3 of the Minor Offences Act (ZP-1, 2011) minor offences may be defined by a law, a Government decree, or an ordinance of a self-governing local community. With reference to such, certain limitations on determining minor offences in municipal ordinances must be underlined. Ordinances adopted by self-governing local communities may define minor offences and prescribe fines for these minor offences only up to a specific amount and exclusively for violations of regulations which they themselves have issued within the limits of their jurisdiction and which are not sanctioned by an Act or a decree. The provisions of ordinances by which municipalities determine minor offences and prescribe sanctions for violations of such are applicable only in the territory of the self-governing local community that determined them (ZP-1, 2011).

It is of essential importance for the correct application of a municipal ordinance that determines a minor offence that the description (i.e. the facts) of the minor offence be clear and unambiguous. It thus must clearly follow from the description of the minor offence which violation of a municipal ordinance is criminalised therewith and to what extent. Furthermore, a municipal ordinance must be accessible in an appropriate manner; individuals must be provided sufficient data on the legal norms applicable in a certain case (Selinšek, 2003).

2.1 Municipal Warden Services – Legal Framework

A municipal warden service is one of the institutions in the system of internal safety. The institution as such is intended to ensure safety at the local level (Modic, Lobnikar in Dvojmoč, 2014).

In the field of minor offences, the authorities at the local level that most often impose sanctions for minor offences are municipal warden services and municipal inspection services. The Municipal Warden Service Act (ZORed, 2006) imposed on municipalities the duty to establish warden services, whereby the legislature left it to the municipalities’ discretion to decide on the organisational form of such based on particular safety factors. The above-mentioned Act also determines that several municipalities may establish an inter-municipal warden service as an authority of joint municipal administration. Such inter-municipal warden services may be established by at least two municipalities by adopting an ordinance. If a municipality does not establish a municipal warden service or an inter-municipal warden service with other municipalities, it must determine a minor offence authority with the power to decide on minor offences falling within the field of operations of the municipal warden service, as determined by Article 4 of the Municipal Warden Service Act.

2.1.1 The Municipal Warden Service Act [ZORed]

The organisation of municipal warden services, the scope of their operations, and their establishment are systemically regulated by the Municipal Warden Service Act (ZORed, 2006). On the basis of the Act, in 2006 also municipalities acquired the power to establish municipal warden services, organise them, and determine the scope of their operations.

Municipal warden services are a part of the municipal administration and independent internal organisational units, which within the framework provided by the law and on the basis of the municipal safety programme ensure public safety and public order in a certain area and carry out the tasks within their powers (Lavtar in Kečanović, 2007).

The Municipal Warden Service Act is designed as an organisational regulation and it regulates the following areas of operation of warden services (Lavtarin Kečanović, 2007):

• the establishment, scope of work, organisation, and management of municipal warden services,
• the requirements for performing the tasks of municipal warden services,
• the powers of municipal wardens,
• the uniform, equipment, and emblems of municipal wardens,
• training programmes and training in the professional competences of authorised officials of municipal warden services,
• the content and manner of keeping records of municipal warden services.

As determined by Article 2 of the Municipal Warden Service Act three types of warden services may be established. In the majority of instances, a warden service is established as an urban warden service established by an urban municipality or as a municipal warden service, both of which are established by a municipality by an ordinance proposed by the mayor and adopted by the municipal council. A warden service may also be established as an inter-municipal warden service, which is an authority of joint municipal administration established by at least two municipalities by an ordinance adopted by a municipal council upon the proposal of the mayor. If a municipality does not establish a municipal or inter-municipal warden service, it shall determine in an ordinance governing the organisation and scope of work of the municipal administration the municipal warden service tasks to be performed by an individual municipal warden.

An important document for the operations of a municipal warden service is the municipal safety programme, which is also adopted by the municipal council upon the proposal of the mayor. The programme details the type and scope of municipal warden service tasks, taking into consideration an assessment of the safety situation in the municipality. The safety programme is a long-term municipal strategic document that determines the starting points for ensuring a safe and quality life at the local level (LavtarinKečanović, 2007).

2.1.2 The Protection of Public Order Act [ZJRM-1]

The Protection of Public Order Act (ZJRM, 2006) determines that maintenance of public order shall mean action by the community in order to ensure, through regulations and measures of state and other authorities, the prevention of acts and risks threatening public order when such threaten the community or individual persons.

Public order is defined in the legal rules and fundamental moral principles of the community that ensure protection of the interests of the community. It can be concluded that public order is a value that presupposes the exclusion of unlawful conduct by which the rules of everyday work and life are violated (Jarc in Nunič, 2007).

The Protection of Public Order Act determines the tasks of municipal warden services in minor offence proceedings. With reference to such, a municipal warden service controls implementation of the provisions of the Act and decides on minor offences in the following instances:

• indecent conduct in public, indecent behaviour towards an official in official transactions, sexual intercourse in a public place, or offering sexual services in an intrusive manner,
• intrusive begging in public,
• use of dangerous objects,
• damaging an official sign, mark, or decision,
• writing on buildings,
• vandalism,
• unlawful camping,
• unlawful use of animals – setting an animal on a person or displaying an animal in order to cause fear and threat,
• disregard for a lawful measure issued by an official.

2.1.3 The Road Traffic Rules Act [ZPrCP]

The Road Traffic Rules Act (ZPrCP, 2013) defines the powers of municipal warden services in the area of road traffic safety at the local level. On roads within built-up areas, on municipal roads outside built-up areas and uncategorised roads outside built-up areas used for public road traffic, municipal wardens control the following provisions of the Act:

• environmental protection,
• the responsibilities of parents, guardians, and foster parents,
• the documents road users must have at all times,
• the withdrawal of a vehicle from traffic,
• the removal of an improperly parked or abandoned vehicle,
• the duty to obey rules,
• traffic calming zones,
• pedestrian zones,
• wearing a safety belt,
• wearing a safety helmet,
• the prohibition on using devices and equipment that reduce a driver’s aural and visual perception or ability to control a vehicle,
• driving a vehicle on a road,
• driving a vehicle at pedestrian crossings,
• control of maximum speeds,
• control of the maximum speed of different types of vehicles,
• opening vehicle doors,
• abandoning vehicles,
• marking stopped vehicles,
• control of stopping and parking vehicles,
• control of parking in parking spaces for the disabled,
• control of parking in short-term parking zones,
• exceptions to parking in non-parking areas,
• conditions for loading and unloading freight on a road,
• conditions for performing commercial transport,
• the participation of pedestrians in road traffic,
• the visibility of pedestrians,
• child protection in road traffic,
• passenger transport,
• riders, drivers, and guides of animals and conditions for animal participation in road traffic,
• conditions for bicycle participation in road traffic,
• bicycle riders with a licence,
• conditions for the participation of motorcycles and mopeds in road traffic,
• conditions for the use of special modes of transport in road traffic,
• traffic signalisation,
• illuminated traffic signs.

In addition, municipal wardens control the maximum speed in road traffic. They carry out such exclusively by means of automatic devices and other means of traffic control that enable video recording and photographing, while they have no right to stop an offending driver. With reference to such, pursuant to Article 42 of the Minor Offences Act (ZP-1, 2011), minor offence proceedings for a violation of road traffic safety established by means of automatic devices and in which an offender was not informed of the violation may be initiated within 30 days of the day the minor offence was committed (ZPrCP, 2013).

2.1.4 The Roads Act [ZCes-1]

The Roads Act (Zakon o cestah [ZCes-1], 2010) determines the responsibilities of municipal wardens in the field of supervising the use of public roads and uncategorised roads used for public road traffic and state roads in built-up areas. On the basis of this Act, municipal wardens carry out supervision over the prohibition on endangering safe use on public road, the use of uncategorised roads, the vehicle maximum permitted axle load on public roads, the maximum permitted total mass of vehicles on public roads, special freight transport on public roads, marking special load transport vehicles, the contact patch on vehicle wheels, and supervision over exceptions to restrictions of public road use (local traffic).

2.1.5 The Animal Protection Act [ZZZiv]

On the basis of the Animal Protection Act (Zakon o zaščiti živali [ZZZiv], 2013), municipal wardens may, within their powers and tasks, supervise compliance with the obligations of dog owners, e.g. ensuring the physical control of dogs by leashing in public spaces; furthermore, they may collaborate with owners of animal shelters and veterinary services in determining the ownership of abandon animals.

2.1.6 Local Community Ordinances and Other Executive Regulations

Pursuant to Article 140 of the Constitution of the Republic of Slovenia (URS, 1991) the competences of a municipality comprise local affairs that may be regulated by the municipality autonomously and that only affect the residents of the municipality. Article 21 of the Local Self-government Act (ZLS, 2007) determines that municipalities may independently manage local affairs of public importance (i.e. original tasks) that are determined by a general act of the municipality (e.g. an ordinance) or which are determined by a law. Regulations adopted at the municipal level comprise charters, rules of procedure, ordinances, municipal budgets, orders, rules, and instructions (Brezovnik in Grafenauer, 2006).

Pursuant to the Administrative Procedure Act (Zakon o splošnem upravnem postopku [ZUP], 2006), public authorisation to conduct procedures and decide in administrative cases falling in the original competence of a self-governing local community is conferred by an ordinance adopted by the municipal council.

2.1.7 Municipal Safety Programmes

A municipal safety programme is a new instrument whose objective is to ensure a higher degree of safety in local communities and promote systematic and intensive cooperation between the Police and warden services (Jeršin, 2012). The principal purpose of a municipal safety programme is to determine criteria that are to ensure public safety in the area of a municipality and determine the conduct of and measures applied by the competent authorities that are responsible for ensuring public safety in the municipality (Občinski program varnosti mestne občine Ljubljana, 2008). Upon the proposal of the mayor, the municipal council adopts a municipal safety programme detailing the type and scope of municipal warden service tasks, taking into consideration assessment of the safety situation in the municipality. Two or more municipalities may adopt a joint municipal safety programme (ZORed, 2006).

A municipal safety programme is developmental in character and has the nature of recommendations and guidelines providing starting points for municipalities in carrying out annual work programmes of municipal warden services and managing funds that a municipality allocates for this area of work (Lavtar in Kečanović, 2007).

A municipal safety programme is as such regularly evaluated so that when newly emerged safety circumstances in the municipality are identified the programme is changed, supplemented, or updated. As mentioned above, the statutory starting points for cooperation between warden services and the Police in the field of ensuring public safety are also defined in the programme. Thus, one of the purposes of the municipal safety programme is also to establish a partnership between the Police and municipal warden services in carrying out all powers of municipal wardens (Gostič, 2007).

3 Municipal Warden Services as Minor Offence Authorities

Municipal warden services became a formal subject of the national safety system with the implementation of the Municipal Warden Services Act (ZORed, 2006) in 2006, which provided municipalities the power to establish and organise municipal warden services. Municipal wardens and heads of municipal warden services are, in accordance with the Municipal Warden Services Act and in a criminal law sense, as determined by the Penal Code (Kazenski zakonik [KZ-1], 2012), officials authorised to perform municipal warden service tasks, while municipal warden services are municipal minor offence authorities (ZORed, 2006).

In accordance with the Minor Offences Act (ZP-1, 2011), minor offence authorities decide in expedited proceedings. This entails that in cases where the minor offence authority establishes that the legal conditions necessary for instituting minor offence proceedings are met, it must conduct the proceedings and issue a minor offence decision. In cases in which expedited proceedings are not allowed (Article 52), a minor offence authority may file an accusatory instrument against an offender with the competent court.

3.1 Powers of Municipal Wardens on the Basis of the Municipal Warden Services Act [ZORed]

The third chapter of the Municipal Warden Services Act (ZORed, 2006), in which the types of powers of municipal wardens are defined, is of key importance for our analysis. In accordance with Article 10 of the Act, in performing their tasks municipal wardens have the following powers:

• to give warnings,
• to issue verbal orders,
• to establish one’s identity,
• to carry out a security search of a person,
• to seize items,
• to detain persons,
• to use physical force, means of cuffing and restraining, and gas spray.

The powers of municipal wardens are typical police powers, as they include repressive measures and measures involving physical force. The powers of municipal wardens entail the authorisation and duty to carry out certain measures against persons on the basis of the law and executive regulations (Žaberl, 2006). Through their powers, municipal wardens prevent or control dangerous circumstances, the conduct of individuals or groups by which lives and property are endangered or the rules of society violated. The latter objective is determined by Article 3 of the Municipal Warden Services Act and in other statutory and executive regulations that determine the powers of warden services in individual areas of work (Lavtar in Kečanović, 2007).

In cases in which municipal wardens assess that it is necessary to use their powers, they must, based on the law, select the appropriate means by which such task is to be performed lawfully, competently, and in accordance with the basic principles of the use of such powers (Lavtar in Kečanović, 2007).

The head of the municipal warden service carries our supervision over the lawfulness and competent performance of the work of the municipal warden service. Municipal wardens report, in writing, any use of powers to the head of the municipal warden service, to their superior officer, or to a person authorised by the superior officer (ZORed, 2006).

The exercise of such powers is subject to the provisions of the act governing police tasks and powers (ZORed, 2006). The basic principles for the use of such powers are the following:

• the principle of respect for human personality and dignity and other human rights and freedoms,
• the principle of legality,
• the principle of equal treatment,
• the principle of professional competence and integrity,
• the principle of proportionality, and
• the principle of immunity (Fortuna, 2013).

The head of the municipal warden service decides on matters within the competence of the municipal warden service, organises and coordinates the work of authorised officials, and is held responsible, within his or her sphere of competence, for the lawfulness and competent performance of the work of the municipal warden service (ZORed, 2006).

On the basis of the Police Tasks and Powers Act (Zakon o nalogah in pooblastilih policije [ZNPPol], 2013), in performing their tasks, police officers and municipal wardens shall respect and protect the right to life, human personality and dignity, and other human rights and fundamental freedoms. They may never cause, incite, or permit torture or other cruel, inhuman, or degrading treatment or punishment. During procedures in which children and minors are involved, police officers and municipal wardens must consider their age, the level of their physical and mental development, their sensitivity, and other potential characteristics that can be observed.

The principle of legality is a fundamental principle in the use of powers and is as such determined in the Constitution of the Republic of Slovenia (URS, 1991). Each official act shall be based on the relevant law, while the use of powers must be in accordance with a law or executive regulation (Žaberl, 2006). The principle of equal treatment prohibits any discrimination by police officers and municipal wardens in carrying out their tasks on the basis of any personal characteristics or circumstances (ZNPPol, 2013). In accordance with the principle of professional competence and integrity, municipal wardens must perform their duties with professional competence, so that they do not cause any unnecessary harm to personal dignity. The use and implementation of the powers of municipal wardens must be proportionate to the legitimate objective pursued, which is determined by the principle of proportionality. When various powers can be employed for the effective performance of a task, municipal wardens may employ only those powers by means of which the task can be carried out with the least damaging consequences. Damage that is incurred due to the use of powers or instruments of restraint must be proportionate to the objective pursued. The use of such power may last only as long as is necessary to complete the municipal warden’s tasks (Žaberl, 2006).

The principle of immunity allows certain persons to be exempt from certain powers of municipal wardens. This principle encompasses diplomatic and consular immunity, which is, as a general rule, complete, while the immunity of state officials and military personnel is partial. The fundamental purpose of immunity is to enable these persons undisturbed performance of their office (Žaberl, 2006).

4 The Police as a Minor Offence Authority

The Police are an authority within the Ministry of the Interior and on the basis of Article 14 of the State Administration Act (Zakon o državni upravi [ZDU-1], 2005) are one of the minor offence authorities, which are defined in Article 45 of the Minor Offences Act (ZP-1, 2011). The Police carry out tasks deriving from their basic duties and are as such determined in Article 4 of the Police Tasks and Powers Act (ZNPPol, 2013). These tasks are the following:

• to protect people’s lives, personal safety, and property,
• to prevent, detect, and investigate criminal and minor offences, to detect and apprehend perpetrators of criminal and minor offences and other wanted or missing persons and to hand them over to the competent authorities, as well as to collect evidence and investigate circumstances that are important for identifying material gain from the proceeds of criminal and minor offences,
• to maintain public order,
• to supervise and direct traffic on public roads and on unclassified roads currently in use for traffic,
• to carry out state border control,
• to perform tasks in connection with the movement and residence of foreigners,
• to protect particular persons, premises, buildings, and the environs of such buildings and, unless otherwise provided by law, to protect persons performing particular jobs and the classified information of public authorities,
• to perform tasks in the event of natural and other disasters,
• to carry out other tasks set out in the Police Tasks and Powers Act and other regulations according to the law.

The Police are the principle minor offence authority and the authorised officials thereof conduct the greatest number of expedited minor offence proceedings, as their powers are determined in numerous laws. The fundamental law that is the legal basis for police operations and its decision-making as a minor offence authority is the Minor Offences Act (ZP-1, 2011). The Administrative Procedure Act (ZUP, 2006) and the Penal Code (KZ-1, 2012) are applied mutatis mutandis.

The main minor offence areas regarding which the Police and municipal warden services impose sanctions are the protection of public order and ensuring road traffic safety. With reference to such, it must be mentioned that the number of regulations in the above-mentioned operational areas of the Police is greater than that of the municipal warden services.

Regulations in the field of public order on the basis of which the Police deal with minor offences and impose sanctions for such are the following (Ministrstvo za notranje zadeve RS [MNZ RS], (2018):

• The Protection of Public Order Act (Zakon o varstvu javnega reda in miru [ZJRM-1], 2006);
• The Production of and Trade in Illicit Drugs Act (Zakon o proizvodnji in prometu s prepovedanimi drogami [ZPPPD], 1999);
• The Residence Registration Act (Zakon o prijavi prebivališča [ZPPreb], 2006);
• The Identity Card Act (Zakon o osebni izkaznici [ZOIzk-1], 2011);
• The Animal Protection Act (Zakon o zaščiti živali [ZZZiv], 2013);
• The Weapons Act (Zakon o orožju [ZOro-1], 2005);
• The Public Assembly Act (Zakon o javnih zbiranjih [ZJZ], 2011);
• The Private Security Act (Zakon o zasebnem varovanju [ZZasV-1], 2011);
• The Restriction on the Use of Alcohol Act (Zakon o omejevanju porabe alkohola [ZOPA], 2003);
• The Personal Name Act (Zakon o osebnem imenu [ZOI-1], 2003).

Regulations in the field of ensuring safety of road traffic on the basis of which the Police deal with minor offences and impose sanctions for such are the following (Ministrstvo za notranje zadeve RS [MNZ RS], (2018):

• The Road Traffic Rules Act (Zakon o pravilih cestnega prometa [ZPrCP], 2013);
• The Drivers Act (Zakon o voznikih [ZVoz-1], 2016);
• The Motor Vehicles Act (Zakon o motornih vozilih [ZMV-1], 2017);
• The Roads Act (Zakon o cestah [ZCes-1], 2010);
• The Act Regulating the Working Time and Compulsory Rest Periods of Mobile Workers and on Recording Equipment in Road Transport (Zakon o delovnem času in obveznih počitkih mobilnih delavcev ter o zapisovalni opremi v cestnih prevozih [ZDCOPMD], 2016);
• The Roads Act (Zakon o javnih cestah [ZJC], 2006);
• The Transport of Dangerous Goods Act (Zakon o prevozu nevarnega blaga [ZPNB], 2006);
• The Road Transport Act (Zakon o prevozih v cestnem prometu [ZPCP-2], 2016);
• The Compulsory Motor Third-Party Liability Insurance Act (Zakon o obveznih zavarovanjih v prometu [ZOZP], 2007).

In accordance with Article 33 of the Police Tasks and Powers Act (ZNPPol, 2013), in performing their tasks police officers exercise police powers. In performing police tasks, police offices may collect information, issue summons, give warnings, issue orders, establish a person’s identity, search for people, carry out covert surveillance and specific checks, carry out identification of people by means of photographs, produce facial composites, carry out polygraph procedures, set up roadblocks, use other people’s means of transport and communication or other means, conduct security searches and searches of persons, enter private dwellings and other premises, seize objects, conduct anti-terror searches, temporarily restrict the free movement of persons, bring persons before authorities, prohibit persons from approaching a specific person, place, or area, prohibit attendance at sports events, interrupt travel, detain persons, use instruments of restraint, carry out a security clearance of persons and perform accreditation procedures, exercise police powers on water, collect and process data, and exercise other police powers provided by laws.

5 Overview of the Sanctions Imposed for Minor Offences in Urban Municipalities in Slovenia by Municipal Warden Services Compared to the Police

In order to present the handling and sanctioning of minor offences by municipal warden services, annual reports on the operations of municipal warden services in all urban municipalities in Slovenia were analysed. In addition, data on minor offences handled in the area of the protection of public order and road traffic safety for a three-year period were obtained from the annual reports on police operations and such data was compared with data on the operations of municipal warden services.

Table 1: A comparison of the number of violations handled by municipal warden services in municipalities in Slovenia in comparison with the Police in 2015, 2016, and 2017 regarding protection of public order and road traffic safety.

The table above shows that in 2017 the Ljubljana Municipal Warden Service (hereinafter referred to as MOL Municipal Warden Service) handled 86,982 minor offences, 87,617 in 2016, and 103,916 in 2015. In 2017 the MOL Municipal Warden Service issued the greatest number of penalty notices in the three-year period observed, namely as many as 33,448, while it issued 28,698 penalty notices in 2016, and 31,960 in 2015.In 2017 the MOL Municipal Warden Service issued 5,126 warnings, which is 181 warnings fewer than in 2016 and 708 warnings fewer than in 2015 (Mestno redarstvo Mestne občine Ljubljana [MR MOL], 2018).

The Maribor Inter-municipal Warden Service (hereinafter referred to as the MOM Inter-municipal Warden Service) handled the greatest number of minor offences in 2015, namely as many as 24,025. In 2016 the MOM Inter-municipal Warden Service handled 15,835 minor offences, and 13,191 in 2017 (Medobčinski inšpektorat in redarstvo Mestne občine Maribor [MIR MOM], 2018). In 2017 it issued 1,402 warnings, 1,779 in 2016, and as many as 3,265 in 2015 (Medobčinski inšpektorat in redarstvo Mestne občine Maribor [MIR MOM], 2017). The number of penalty notices issued is not provided in the annual reports on the operations of the MOM Inter-municipal Warden Service.

In 2016 the Celje Inter-municipal Warden Service (hereinafter referred to as the MOC Inter-municipal Warden Service) handled 9,091 minor offences, and 10,355 in 2015. Data on the number of penalty notices and warnings issued by the MOC Inter-municipal Warden Service could not be obtained (Medobčinski inšpektorat in redarstvo Mestne občine Celje [MIR MOC], 2017).

In 2015 the Kranj Inter-municipal Warden Service (hereinafter referred to as the MOK Inter-municipal Warden Service) handled 6,462 minor offences, which is the greatest number in the three-year period observed.In 2016 the MOK Inter-municipal Warden Service handled 7,759 minor offences, and 9,058 in 2015. In 2017 it issued 183 warnings, 375 in 2016, and 370 in 2015 (Medobčinski inšpektorat Kranj [MIK], 2015, 2016, 2017).The number of penalty notices issued is not provided in the annual reports on the operations of the MOK Inter-municipal Warden Service.

In 2017 the Koper Municipal Warden Service handled the greatest number of minor offences in the three-year period observed, namely as many as 10,897. In 2016 it handled 6,503 minor offences, while in 2015 it handled 7,802.In 2017 it issued 2,950 penalty notices, 2,128 in 2016, and 2,631 in 2015.The number of warnings issued by the Koper Municipal Warden Service in the observed period is as follows: 1,638 warnings were issued in 2017, 1,175 in 2016, and 2,659 in 2015 (data provided by V. Andrejašič in an e-mail on 19 October 2018).

In 2017 the Novo Mesto Inter-municipal Warden Service handled 1,566 minor offences, in 2016 it handled a somewhat smaller number, namely 1,003, while in 2015 it handled as many as 2,270. In 2017 the Novo Mesto Inter-municipal Warden Service issued 986 penalty notices, 724 in 2016, and 755 in 2015.In 2017 the Novo Mesto Inter-municipal Warden Service issued 360 warnings. The number of warnings issued in 2016 and 2015 are not provided in the annual reports of the Novo Mesto Inter-municipal Warden Service (data provided by P. Judež in an e-mail on 20 November 2018).

In 2017 the Velenje Inter-municipal Warden Service issued 3,642 penalty notices, which is 597 penalty notices fewer than in 2016 and 414 fewer than in 2015.In 2017 it issued 137 warnings, 158 in 2016, and 134 in 2015.The total number of minor offences handled by the Velenje Inter-municipal Warden Service is not provided in its annual reports (data provided by S. Glažer in an e-mail on 8 October 2018).

In 2017 the Nova Gorica Inter-municipal Warden Service handled 2,156 minor offences. In 2017 it issued 346 penalty notices and 574 warnings. In 2016 the Nova Gorica Inter-municipal Warden Service issued 629 penalty notices, while in 2015 it issued as many as 1,694. Certain data on the operations of the Nova Gorica Inter-municipal Warden Service are not provided in its annual reports (data provided by M. Štendler in an e-mail on 4 October 2018).

In 2017 the Ptuj Inter-municipal Warden Service handled 2,130 minor offences, in 2016 it handled 1,803, and in 2015 as many as 2,571.In 2017 it issued the greatest number of penalty notices in the three-year period observed, namely 885. In 2016 it issued 686 penalty notices and 844 in 2015.The Ptuj Inter-municipal Warden Service issued 366 warnings in 2017, which is 274 warnings fewer than in 2016 and 633 fewer than in 2015 (data provided by R. Brkič in an e-mail on 5 October 2018).

In 2017 the Murska Sobota Municipal Warden Service handled 3,361 minor offences, 4,164 in 2016, and 4,328 in 2015.In 2017 it issued 1,419 penalty notices, 1,915 in 2016, and 1,976 in 2015.In 2017 the Murska Sobota Municipal Warden Service issued 77 warnings, 127 in 2016, and 64 in 2015 (data provided by D. Gjerek in an e-mail on 17 October 2018).

In 2017 the Slovenj Gradec Inter-municipal Warden Service issued 239 penalty notices, which is 134 penalty notices fewer than in 2016 and 259 fewer than in 2015.In 2017 it issued 627 warnings, 1,019 in 2016, and 653 in 2015. The total number of minor offences handled by the Slovenj Gradec Inter-municipal Warden Service is not provided in its annual reports (data provided by T. Jeseničnik in an e-mail on 23 November 2018).

In 2016 the Police handled 41,589 minor offences fewer than in 2015.In 2017 the number of minor offences handled increased dramatically;the Police handled 112,284 minor offences more than in the preceding year.Furthermore, in 2017 the number of penalty notices issued by the Police also increased; the Police issued as many as 110,329 penalty notices more than in the preceding year.In 2015 the Police issued 44,565 warnings, 53,487 in 2016, and 50,359 in 2017, which is 3,128 warnings fewer than in 2016 (Ministrstvo za notranje zadeve RS [MNZ RS], 2017, 2018).

6 Discussion

Based on an analysis of the annual reports on the operations of the municipal warden services, it must first of all be underlined that there were shortcomings in the comparison of the operations of the municipal warden services in the analysed municipalities, as the annual reports provide different data and present different areas of operation. Only a few municipal warden services provided data separately for each individual area of operation. Nevertheless, the data provided was appropriately analysed and compared. The findings of the analysis are presented below.

Table 1 shows that the number of minor offences handled by municipal warden services has been decreasing slightly over the years in the majority of municipalities. Regardless of the decrease in the number of minor offences handled, the number of penalty notices issued per year by the majority of the municipal warden services in urban municipalities in Slovenia remains fairly high or has even increased in certain municipalities. As regards warnings issued by municipal warden services, Table 1 shows that the number of warnings issued per year decreased in certain municipalities.

On the basis of the analysed reports and the overall result of the operations of municipal warden services in the observed period, it can be concluded that an annual decrease in the number of minor offences handled does not result in a decrease in the number of penalty notices issued. It can be concluded from the above-mentioned that despite the smaller number of minor offences handled, municipal wardens often impose sanctions for such in the form of penalty notices. In addition, despite the observed increase in the number of penalty notices issued, it must be noted that municipal wardens also often impose preventive sanctions, namely the number of warnings issued allows for the conclusion that municipal wardens often only warn individuals of the fact that they have committed a minor offence without imposing a more severe sanction. On the basis of the analysis of the annual reports on police operations, it can be concluded, as shown in Table 1, that the number of minor offences handled in the inspected police reports increased. In 2016 a slight decrease in the number of minor offences handled can be observed as well as a decrease in the number of penalty notices issued. However, in 2017 the number of minor offences handled by the Police increased significantly; the number of penalty notices issued also increased. The number of warnings issued per year in comparison with the number of minor offences handled remains relatively high, which indicates that the Police are not only a repressive authority, but that their operations are to a great extent also preventive.

7 Disscusion

It is shown in the theoretical section of this paper that municipal wardens have numerous powers in carrying out their tasks. Such entail a possibility for local communities to have an impact on public order and safety, whereby the powers of the Police should not be reduced. Already in 2011 the possibility of establishing municipal police forces was being discussed in academic circles, which was strongly opposed by the Ministry of the Interior. In the opinion of the Ministry, such concerned two incomparable organisations, and therefore one of the problems was terminological in nature; in addition, there existed no reasons in the public interest to establish such, no need to additionally disperse the national security authorities, let alone a statutory basis for the establishment of such municipal police forces (Petančič, Žerjavič, Kramžar, in drugi 2011).

It is necessary, however, for the municipal warden services and the Police to cooperate in order to ensure public order (Jeršin, 2008). They must ensure good communication and legitimacy, which will guide their operations. With reference to such, it should be mentioned that it follows from the annual report on the operations of the MOL Municipal Warden Services (MR MOL, 2018) that in 2017 greater cooperation between municipal wardens and police officers was observed. Police officers together with municipal wardens carried out operational activities in the form of mixed patrols (one police officer – one municipal warden) in areas where more violations were anticipated, with the objective of preventing criminal conduct and improving safety. The latter indicates that there is awareness of the importance of cooperation between the Police and municipal warden services in order to ensure the safety of individuals and property.

Based on an analysis of the operations of municipal warden services, it was established that the number of minor offences handled per year by the majority of municipal warden services in urban municipalities in Slovenia has been somewhat decreasing. Nevertheless, the number of penalty notices issued by municipal warden services remains relatively high or has even been slightly increasing in individual municipalities. However, the analysis of the annual reports of police operations showed that in 2017 the number of minor offences handled by the Police increased significantly, as did the number of penalty notices issued.

The theoretical and empirical sections of this paper show that municipal warden services play a central role in ensuring road traffic safety and public order at the local level. The Police and municipal warden services are important minor offence authorities; however, research has established that amongst the general public the work of the Police is more valued and respected than the work of the municipal warden services. Namely, in the opinion of the general public, municipal wardens could apply fewer repressive measures and more often resort to preventive measures, i.e. warnings of irregularities or minor offences (Oven, 2018). The latter could be linked to certain criticisms that have been directed towards municipalities, i.e. that they determine minor offences and prescribe sanctions only as means of filling municipal coffers and not for their primary purpose, which is to ensure the safety of individuals. If such criticism is proven to be valid in individual cases, the legitimate nature of municipal operations in the area of determining minor offences is brought into question (Meško, Eman in Flander, 2016).

In conclusion, it should be underlined that there is ongoing public debate regarding the powers of municipal warden services and the relationship between municipal warden services and the Police. As shown in the theoretical section of this paper, municipal warden services have undergone exceptionally swift development and have assumed new powers, which are the core of their operations. The powers of the Police have certainly not been reduced by vesting new powers in municipal wardens as these powers have been comprehensively regulated. It must be underlined that municipal warden services are important minor offence authorities that carry out supervision over violations primarily at the local level and such violations do not entail a significant security risk from the point of view of the state (e.g. begging in public, indecent conduct in public, vandalism, etc.).

References

Brezovnik, B. in Grafenauer, B. (2006). Javna uprava. Maribor: Pravna fakulteta Maribor.

Fortuna, R. (2013). Dileme in pravni vidik uporabe prisilnih sredstev občinskih redarjev (Magistrsko delo). Nova Gorica: Evropska pravna fakulteta v Novi Gorici.

Gostič, Š. (2007). Občinski program varnosti kot strateški dokument za zagotavljanje varnosti v lokalni skupnosti. V B. Lobnikar (ur.), Varnost v sodobni družbi groženj in tveganj: zbornik povzetkov, 8. slovenski dnevi varstvoslovja. Ljubljana: Fakulteta za varnostne vede.

Jarc, S. in Nunič, M. (2007). Zakon o varstvu javnega reda in miru (ZJRM-1) s komentarjem. Ljubljana: GV Založba.

Jeršin, R. (2008). Naloge pooblaščenih uradnih oseb občinskega redarstva včeraj, danes in jutri. V J. Šifrer (ur.), IX. slovenski dnevi varstvoslovja: Javna in zasebna varnost. Ljubljana: Fakulteta za varnostne vede.

Jeršin, R. (2012). Občinski redar: učno gradivo: organizacija, delovanje, oprema, poslovanje z dokumentarnim gradivom in telekomunikacija občinskega redarstva. Ljubljana: Ministrstvo za notranje zadeve, Policija.

Lavtar, R. in Kečanović, B. (2007). Zakon o občinskem redarstvu s komentarjem. Ljubljana: GV Založba.

Medobčinski inšpektorat in redarstvo Mestne občine Maribor [MIR MOM]. (2018). Poročilo o delu Medobčinskega inšpektorata in redarstva Mestne občine Maribor za leto 2017. Maribor: Mestna občina Maribor.

Medobčinski inšpektorat in redarstvo Mestne občine Maribor [MIR MOM]. (2017). Poročilo o delu Medobčinskega inšpektorata in redarstva Mestne občine Maribor za leto 2016. Maribor: Mestna občina Maribor.

Medobčinski inšpektorat in redarstvo Mestne občine Maribor [MIR MOM]. (2016). Poročilo o delu Medobčinskega inšpektorata in redarstva Mestne občine Maribor za leto 2015. Maribor: Mestna občina Maribor.

Medobčinski inšpektorat in redarstvo Mestne občine Celje [MIR MOC]. (2017). Poročilo o delu Medobčinskega inšpektorata in redarstva Mestne občine Celje za leto 2016. Celje: Mestna občina Celje.

Medobčinski inšpektorat Kranj[MIK]. (2018). Poročilo o delu Medobčinskega inšpektorata Kranj za leto 2017. Kranj: Mestna občina Kranj.

Medobčinski inšpektorat Kranj[MIK]. (2017). Poročilo o delu Medobčinskega inšpektorata Kranj za leto 2017. Kranj: Mestna občina Kranj.

Medobčinski inšpektorat Kranj[MIK]. (2016). Poročilo o delu Medobčinskega inšpektorata Kranj za leto 2015. Kranj: Mestna občina Kranj.

Mestno redarstvo Mestne občine Ljubljana [MR MOL]. (2018). Poročilo o delu Mestnega redarstva Mestne občine Ljubljana za leto 2017. Ljubljana: Mestna občina Ljubljana. Pridobljeno na: https://www.ljubljana.si/sl/mestna-obcina/mestna-uprava/prekrskovna-organa/mestno-redarstvo/

Meško, G., Eman, K., in Flander, B. (2016). Oblast, legitimnost in družbeno nadzorstvo. Ljubljana: Fakulteta za varnostne vede.

Ministrstvo za notranje zadeve RS [MNZ RS]. (2017). Letno poročilo o delu policije za leto 2016. Ljubljana: MNZ RS. Pridobljeno na: https://www.policija.si/images/stories/Statistika/LetnaPorocila/PDF/LetnoPorocilo2016.pdf

Ministrstvo za notranje zadeve RS [MNZ RS]. (2018). Letno poročilo o delu policije za leto 2017. Ljubljana: MNZ RS. Pridobljeno na: https://www.policija.si/o-slovenski-policiji/statistika

Modic, M., Lobnikar, B., in Dvojmoč, M. (2014). Policing in Slovenia: An Analysis of the Processes of Transformation, Pluralization, and Privatization. Varstvoslovje, 16(3), 217-241.

Občinski program varnosti mestne občine Ljubljana. (2008). Uradni list RS, (117/08).

Oven, O. (2018). Dojemanje policije in občinskega redarstva v javnosti v primerjalno pravnem kontekstu (Magistrsko delo). Kranj: Nova univerza, Fakulteta za državne in evropske študije.

Petančič S., Žerjavič P., Kramžar B. in drugi. (31. 3. 2011). Mestno redarstvo in policija: drobljenje varnostnih služb povzroča nepreglednost. Delo.si. Pridobljeno na: http://www.delo.si/novice/politika/mestno-redarstvo-in-policija-drobljenje-varnostnih-sluzb-povzroca-nepreglednost.html

Rakar, I., Doljak, E. in Tičar, B. (2016). Inšpekcijski nadzor na centralni in lokalni ravni ter njegov prispevek k varnosti v občinah. Varstvoslovje, 2016(3), 251-269.

Selinšek, L. (2003). Predpisovanje prekrškov v odlokih samoupravnih lokalnih skupnosti skladno z ZP-1. Lex localis, 1(3), 103-119.

Ustava Republike Slovenije [URS]. (1991, 1997, 2000, 2003, 2004, 2006, 2013, 2016). Uradni list RS, (33/91, 42/97, 66/00, 24/03, 69/04 - UZ14, 69/04 - UZ43, 69/04 - UZ50, 68/06, 47/13 - UZ148, 47/13 - UZ90, 97, 99, 75/16).

Kazenski zakonik [KZ-1]. (2012, 2015, 2016, 2017). Uradni list RS, (50/12, 6/16, 54/15, 38/16, 27/17).

Zakon o cestah [ZCes-1]. (2010, 2012, 2014, 2015). Uradni list RS, (109/10, 48/12, 36/14, 46/15).

Zakon o državni upravi [ZDU-1]. (2005, 2007, 2009, 2010, 2012, 2013, 2014, 2016). Uradni list RS, (113/05, 89/07, 126/07, 48/09, 8/10, 8/12, 21/12, 47/13, 12/14, 90/14, 51/16).

Zakon o financiranju občin [ZFO-1]. (2006, 2008, 2011, 2015). Uradni list RS, (123/06, 57/08, 36/11, 14/15).

Zakon o lokalni samoupravi [ZLS-UPB2]. (2007, 2008, 2009, 2010, 2012, 2015, 2016). Uradni list RS, (76/08, 79/09, 51/10, 40/12, 14/15, 76/16).

Zakon o nalogah in pooblastilih policije [ZNPPol]. (2013, 2015, 2017). Uradni list RS, (15/13, 23/15, 10/17).

Zakon o občinskem redarstvu [ZORed]. (2006, 2017). Uradni list RS, (139/06, 9/17).

Zakon o pravilih cestnega prometa [ZPrCP]. (2013, 2016). Uradni list RS, (82/13, 68/16).

Zakon o prekrških [ZP-1-UPB8]. (2011, 2013, 2014, 2016, 2017). Uradni list RS, (21/13, 111/13, 74/14, 92/14, 32/16, 15/17).

Zakon o splošnem upravnem postopku [ZUP]. (2006, 2007, 2008, 2010, 2013). Uradni list RS, (24/06, 105/06, 126/07, 65/08, 8/10, 82/13).

Zakon o varstvu javnega reda in miru [ZJRM-1]. (2006). Uradni list RS, (20/06).

Zakon o zaščiti živali [ZZZiv]. (2013). Uradni list RS, (38/13).

Žaberl, M. (2006). Temelji policijskih pooblastil. Ljubljana: Fakulteta za policijsko-varnostne vede.

O avtorjih:

Avtorji: Dr. Miha Dvojmoč, docent, Fakulteta za varnostne vede, Univerza v Mariboru, Slovenija. E-pošta: miha.dvojmoc@fvv.uni-mb.si Dr. Bojan Tičar, profesor, Fakulteta za varnostne vede, Univerza v Mariboru, Slovenija. E-pošta: bojan.ticar@fvv.uni-mb.si Sara Kandolf, magistrica varstvoslovja, Fakulteta za varnostne vede, Univerza v Mariboru, Slovenija. E-pošta: sara.kandolf@gmail.com 

[1] Data not available.

[1] Violations in the area of public order and road traffic and police proceedings pursuant to the Minor Offences Act (ZP-1, 2011).