Spring records of virtual freedom

Have you ever wondered what they have in common turtles, parrots, falcons, our constitution and kafkov Process? The doctrine of virtual freedom. Let the following lines serve as a record of not to treat the country. And because we are going to the human soul of a free and awakening spring period – turtles awaken from hibernation, parrots and falcons marry – also about how to deal with the country in the future.

In 2021, the National Assembly adopted the amendment to the EACULTS Protection Act (ZZSLI-E). One of the key novelties of the novel was the introduction of these positive and negative animals. To put it simply, the state (one ministry, in agreement with the other), with a by -law, is to be commanded whose animals should not possess (negative list) and which (positive list). The reason for regulation may seem at first glance to be everyday acceptable and common sense – why could someone have a tiger, crocodile or poisonous pet? But the rabbit lies in the details. The law is not different from persons who have an animal as a pet and professional breeders, nor does it prohibit the possession of the most dangerous animals, but also those who, for example. only (ethologically) more demanding for care. As a breeder, you will be able to possess only those animals that will be classified as a positive list. All others – that is, those who will be classified as a negative list by the ministers or, more realistically, unexpected Matthew and Igor from a ministry or forgot to be classified as any list – you will not be allowed to possess. Unless you are a zoo or if you possess an animal in accordance with hunting regulations – you are e.g. Falconer.

In short, the legislator is not interested in whether you, as a professional breeder, you are an expert in these animals and invested in millions of euros in flights and incubators (you cultivate parrots) and you do not know if the ministers will be blessed – or not forgetting – to put on the positive list the type of parrot you cultivate. At the same time, you are counting on that you can successfully sell this parrot and reimburse the investment. By the way: some parrots mature in nine years, and the crucifixion of parrots with each other to raise new color mutations lasts much longer. It is therefore a flight to long -distance long -distance flights. I refer to parrots only as an illustrative case, as well as other animals cultivated by Slovenian breeders.

At this point, you may have begun to wonder if your pet (an African turtle named Franček) that you have in the terrarium, in the garden or land, on a positive or negative list of animals, or can I (possess) serve as a pet today?

Be no worries. The lists have not yet been adopted in 2025, but in the process of adopting, the amendment of the ZZLIM (ZZSPLI-G), to which the ministry has received more than 300 comments so far. This envisages the existence of only positive lists, and all other animals will be prohibited, both for natural persons (« lovers ») and breeders (« professional »). Therefore, you will be able to own only those species that the country will explicitly bless, so allow you to possess – by placing them on a list (by -law). The exception is still considered to be zoos, but not for falcons. Falconers, ATTENTION! So much for the liberal democracy, which is supposed to be justified on the mantra that the restrictions should be derived from the prohibition rather than explicitly allowed actions.

Be enough details and on the day with practicality: In 2021 you have an animal farm, you deal with the cultivation of turtles (in 2025 you can also grow falcons). This is your life story, existence, business, in which you have invested millions of euros and depends on the families of your employees. In 2021, the National Assembly plunges you into uncertainty, waiting for the reception of lists of permitted animal species, hear rumors of their probable content, but the lists in 2025 are still not accepted. You are wondering about your personal and business future while observing neighbors in EU countries that operate carelessly without restrictions.

What do our constitution and Kafko process have with this?

The constitution teaches that individuals are free in their behavior. This is supposed to be the practice of liberal democracy and Slovenia is supposed to be liberal democracy. You know: what is not prohibited is allowed and everything that is not prohibited is and should be permitted. Even so banal, but still: you can eat beef soup on Sunday and wear more than 30 explicitly prescribed hairstyles (unlike, for example, North Korea’s inhabitants). Cicero was quite right when he realized that the more laws, the more wrong.

The idea that unexpected staff of the state apparatus by prescribing a list of permitted animals (positive list) will explicitly allow you to possess concrete animal species is extremely undemocratic, non -democratic and – if you wish – unfair. During such explicit permission of possession on the one hand and the well -being of animals and the safety of humans as a good on the other – the latter are undoubtedly legitimate the goals of regulation and more than justifying state interventionism – in fact (in itself) there is no positive correlation. It is a disproportionate and bureaucratic inhibitory measure to achieve (otherwise legitimate) goals. Which should therefore be recognized by the Constitutional Court as an (last) defender of human rights as unconstitutional.

But prope of judicial protection and legislative proceedings. In the seminal part, Franz Kafka put the process that the individual determines the procedure (process) and not the outcome of the procedure. In the specific case, the National Assembly in 2021 adopted the ZZZS, which envisaged the acceptance of positive and negative lists, but still not accepted in 2025 today, in 2025. Breeders, breeders and lovers of some (house) animal species have therefore been in uncertainty since 2021. Briga country if you invested millions of euros in your activity. I hope that the intention of the policy was not to achieve the content of the dedicated goal (« people will no longer serve by cultivating turtles ») solely by prolonging uncertainty (unpainted lists), but I am afraid that all objective circumstances (in) adopting regulations indicate exactly that. At the same time, the indifference of the authorities towards the breeders who spend their own and their families by growing animals are immensely cynical and worthy of all criticism. It is not irrelevant that the breeders had raised a constitutional dispute as early as 2022, but the Constitutional Court due to lack of legal interest – the lists were not yet accepted – the initiative has not accepted the initiative. The logic that the statutory regulation, which is not yet effective due to the unprecedent, can be unconstitutional is legally dangerous (you know: you never accept a by -law and thus reach the goal). Keč is in legal uncertainty and this one is evident. However, the goal is achieved by the duration of the process. How undemocratic. How Kafkovsky.

So this is a common turtle, parrots, falcons, our constitution and Kafko’s process. Apparent freedom. Take anxious about receiving ZZSLI-G. It tells much more about your general freedom of conduct than you think.

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Matija Urankar, M.Sc. Right, partner and lawyer at the law firm Senica & Partners.

The article is the opinion of the author and does not necessarily express the views of the editorial board.