Thursday, March 23, 2006

"Judiciary" in Slovenia

Being in agreement with what Jernej has posted in his last contribution, I would suggest to stay with ECHR, but to shed some light on the recent developments in connection with Slovenian cases pending there.

In the last couple of weeks there has been a literal landslide of judgments rendered against Slovenia, either for the unreasonably long trial procedures (i.e. judgments not rendered in a reasonable due-time), and most recently - namely today: for "unfair" trial.

This developments should ring an alarm bell in the Slovenian public --- yet this is not what has happened. To the contrary, and ironically so, the government which has finally -and as the 1st one in the democratic Slovenia - approached this problem seriously is being castigated in the public as attempting to encroach on the independence of the 3rd branch, i.e the judiciary.

I will not comment here on the reactions of Slovenian judiciary to the proposed reforms. My comments should better be expressed in a bar after having drunk 5 beers --- for the reasons that are also better to be expounded there. However, I have to admit that I have never before heard that judiciary would be on "a white strike" and I could have never imagined that judicial association is actually closely related to the football tiffosi. (If you don't know what I'm talking about, login on the SLO TV website and check the news - the clip - from a couple of days ago.)

To conclude, if the judicary is indpenedent - in a way it is understood in Slovenia - then it is just the judiciary and only the judiciary that is responsible for the convictions of the Republic of Slovenia before ECHR. It should be then - pursuing this devastating logics - for the judiciary to pay the fines - and not for the state budget and hence for us taxpayers. And it should be the judiciary - independently to make sure - which is to remedy the through and trhough skewed legal landscape in Slovenia.

Let's face it: BUT what do YOU think?


At 4:56 PM, Blogger Jernej Letnar said...

Those of use who ever worked at Slovene courts can only agree with governemnt's proposal to make the Slovene courts more efficent and transparent and once and for all close the totalitarian chapter in history of Slovene judiciary. But I fear Slovene society will need to wait for this to happen for another 20 years or more.

At 11:40 AM, Blogger Miha Movrin said...

The Law establishing salary reform of public sector is pending at the Constitutional court. Complainants claim the Law in question violates judiciary’s independence since it also determines the salaries of judiciary. The Court has delayed the execution of this law – we are still waiting for its decision.

To be sure: unless there is exceptional, economically justified reduction in salary for all, pay relations of judges should be a stable, non reducible quantity not a shifting factor with which the government can engage for any reason since this could effect judiciary’s independence. But this is not the case here. The government simply proposed new salary concept which encourages inter alia more effective work of judges. THE OVERALL QUANTITY OF MONEY RESOURCES DESIGNATED FOR SALARIES OF JUDGES STAYS THE SAME. So the new law simply cannot violate the independence of the 3rd branch since the overall financial situation of judges does not change.

Since public is dissatisfied with the functioning of the court system and the long overdue reform is desperately needed, by making this a constitutional issue someone is clearly upping the ante.


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