Slovenian law permits citizens to report frauds against the U.S. Government under the False Claims Act, or violations of the provisions of the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act.
What disclosures are currently protected?
Slovenia does not have an overarching law dedicated to protecting whistleblowers in every sector. However, the Integrity and Prevention of Corruption Act, contains a relatively comprehensive section on whistleblowers. This section protects citizens that report corruption or any employee from the public sector that report that he or she has been asked to engage in unethical or illegal activity.
In the case of a public official, reports must first be made to the responsible superior unless there is no responsible person, the responsible person fails to respond to the report in writing within five working days, or the responsible is the one engaged in the illegal conduct. In such circumstances, the whistleblower may report to the Commission instead.
In the case of a private citizen reporting corruption, whistleblowers may report to the Anti-Corruption Commission or any other competent body. All reports of corruption are required to be kept confidential, even if referred to another law enforcement body. Additionally, “At the reporting person’s request, the Commission and other competent authorities shall notify the reporting person of the measures or the course of action taken in this respect.”
Both public and private whistleblowers under this law are protected from employer based retaliation and the Commission may help them develop their case and seek appropriate remedies, depending on the circumstances.
However, there are no reward provisions for successful whistleblowers under Slovenian law. Therefore, whistleblowers may be better off reporting to U.S. regulators, where applicable, at least until the transposition of the Whistleblower Directive is complete.
Can Slovenian whistleblowers receive rewards?
There is no law in Slovenia providing whistleblowers rewards, however, they may receive rewards through U.S. laws
Recent updates and future legislative developments
Slovenia is currently in the process of transposing the EU Whistleblower Directive and just passed amendments to the Integrity and Prevention of Corruption Act to bring it more into line with the directive. What remains is to make such measures non-specific to reports of “corruption.”
Can/should Slovenian whistleblowers report to U.S. officials?
No law in Slovenia currently prohibits its citizens from reporting frauds against the U.S. government under the False Claims Act, or violations of provisions of other statutes including the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act. Therefore, Slovenian whistleblowers can and should report relevant violations to U.S. officials under these laws.