Jasna Murgel, a former MP from the Modern Centre Party (Stranka modernega centra – SMC), was a judge before and after her term as a Member of Parliament. Apparently, left-wing politics and the judiciary are very compatible. Murgel, known for one of the most controversial statements in the history of the country, has no problem with judging “independently and professionally” again at the District Court in Maribor, even though, as an MP, she announced that she would trample the will of the people, expressed in the referendum on the Family Code, by politically appointing Constitutional Court judges. And what is more, now that we are living in the times of “freedom,” according to our sources, she has just become the President of the District Court in Maribor.
In 2015, MP Murgel, being greatly disappointed with the outcome of the referendum on the amendment to the Marriage Act, which was overwhelmingly rejected by the voters, announced on Facebook the replacement of the Constitutional Court judges and thus the politicisation of the Constitutional Court of the Republic of Slovenia.
Former judge Jasna Murgel announced an unhygienic change of constitutional judges, as she saw in this the possibility of overriding the will of the voters, which had clearly been expressed in the referendum.
Murgel announced that the judges would be replaced in her response to the opinion of a citizen who, like her, was disappointed by the failure to adopt the amendment to the Marriage Act. The latter vented his anger at the Constitutional Court and praised the work of SMC MPs in the campaign for a new Family Code. In her response, Murgel initially pointed out that she felt guilty that they had failed. She went on to say that while she was aware that she was not to blame, she added that the party would continue to work hard. “A year goes by quickly. In the meantime, we will replace the Constitutional Court judges,” Murgel stressed, announcing that she is the warrior for good. “And I still have a lot to do; there will be victories.”
The politicisation of the judiciary is scandalous and unhygienic
The announcement of the politicisation of the Constitutional Court caused quite a stir at the time. Professors of law and former Constitutional Court judges Lovro Šturm and Lojze Ude spoke out critically, describing Murgel’s statement as scandalous and unhygienic. “Considering that Jasna Murgel was once a judge, such a statement is scandalous and is an expression of disrespect towards the Constitutional Court, which represents the top of the judiciary and is the highest body for the protection of human rights. Her statement is absolutely unacceptable, considering her position,” Šturm pointed out.
Ude stressed that the statement was highly inappropriate, as the selection of constitutional judges on the basis of political affiliation was not hygienic. “I also did not like the recent decision of the Constitutional Court, but nevertheless, the selection should not be made on the basis of political affiliation. Murgel’s statement is also controversial from the point of view of the attitude of the legislative branch of power towards the Constitutional Court because, in this way, the aim is to make the Constitutional Court just another tool in the hands of the political party in power,” Ude added.
Is a person who does not understand the will of the people really fit to be President of the Court?
We asked the District Court in Maribor whether they consider it appropriate that the Court should be headed by a person who in the past has shown a serious lack of understanding of democracy and had declared “war” on people by politically appointing Constitutional Court judges who would, years later, correct the decision of the ”stupid” people. Ironically, Jasna Murgel’s predictions eventually came true – the six far-left Constitutional Court judges, elected by the left during the years of continuous left-wing rule, ended up overturning the referendum will of the people on the Family Code.
Namely, the Constitutional Court ruled this year that legislation stipulating that marriage can only be entered into by persons of different sexes and that same-sex partners living in a formal partnership cannot adopt a child together is incompatible with the constitutional prohibition of discrimination. It is, therefore, a direct trampling of the will of the people, which they strongly expressed at the referendum. Unsurprisingly, the President of the Constitutional Court, Matej Accetto, is a silent supporter of the SMC party, of which Murgel was a member, and Accetto even helped write the SMC party’s programme and should therefore have resigned a long time ago.
It is, therefore, clear that we are being ruled by the radical left, which has hijacked the country and is now, through its intermediaries in the judiciary, from the lowest instances to the very top of the judiciary, deciding against the will of the people.
Andrej Žitnik
