Disclosure of Classified Information in Civil Procedure

Disclosure of classified information in civil procedure is a kind of a paradox. There is a need to protect classified information on one hand, which means that unauthorised person is restricted to obtain and know the content of this information. On the other hand, it is necessary for every party of civil procedure to be acquainted with all documentation included in one procedure. This involves also the classified information, especially if the court decides to use this kind of information as a legal ground of its decision. Firstly, the author defines the criteria for classified information definition and legal grounds for its protection. A short presentation highlights classified information regulation in England, Wales, Germany and Slovenia. The rest of the article is dedicated to finding a solution for elimination of non-compliance between the Civil Procedure Code and the Constitution of the Republic of Slovenia, found by the Constitutional Court of the Republic of Slovenia regarding classified information. The author decided to prioritize undisputed administrative law solutions in constitutional category, case law of the European Court of Human Rights and the Court of the European Union.