“They referred to the people. Then came the Freedom coalition, and now they want to silence the people,” Boris Tomašič, the host of the show “Who Is Lying to You” (“Kdo vam laže”), responded to the claims of the legal profession that the Constitutional Court of the Republic of Slovenia might block the referendum on amendments to the Government Act.
Certain indications are becoming apparent that show that the Constitutional Court might prevent the taxpayers from expressing a direct opinion regarding the current government’s wasteful treatment of the citizens’ hard-earned money. Namely, the court could prohibit a referendum on amendments to the Government of the Republic of Slovenia Act. According to the Slovenian Press Agency, this could be done under the pretext of using the so-called “doctrine of abuse of a legislative referendum.” And what this whole thing is related to is the fact that a few days ago, at an extraordinary session, the National Assembly adopted the amendments to the Government Act with 53 votes in favour and 25 votes against. The amendments introduce three new ministries – for a solidarity-based future, for higher education, science and innovation, and for climate and energy.
Slovenia would thus be the record holder (or at least at the very top) in terms of the number of ministries when compared to some other European countries, and among the ministers, there are or will be even those to whom the people did not even grant a mandate – Alenka Bratušek, Marjan Šarec, and Emilija Stojmenova Duh. The Party of Alenka Bratušek and the List of Marjan Šarec landed in the political graveyard after the latest election, and Stojmenova Duh, after she was not elected on the list of the Social Democrats, dishonourably changed parties and joined Robert Golob. And now, the government is afraid that its plans will not work out as they intended. Namely, roles and salaries must be provided to all those who “fell for Freedom,” to use one of Šarec’s quotes. It is shameful and harmful that instead of the astronomical prices of food and energy, the government is more concerned about which positions it can offer to its loyal friends.
According to the Slovenian Press Agency, the referendum on the amendment to the Communicable Diseases Act might also not happen after all. They are trying to justify the possible ban of individual referendums with claims of the rising number or “inflation” of referendums. They are worried that the work of the current government and the National Assembly could be accompanied by an excessive number of referendums. However, the legislative referendum is one of the forms of our direct democracy. Up until 2013, the Constitutional provisions did not specifically regulate the possibility of banning the referendum in case of “abuse.” However, in 2013, the National Assembly submitted a request to the Constitutional Court of the Republic of Slovenia for the latter to decide on the admissibility of a specific referendum. A deficiency in the Constitution of the Republic of Slovenia prompted the court to create criteria for the admissibility of referendums.
“It is not healthy for a democracy that a single political option actually holds all three levers of power…”
Constitutional amendments from 2013 led to the prohibition of referendums in certain areas: the ratification of international treaties, emergency measures for the defence area, laws in the field of finance and laws whose purpose is to eliminate unconstitutionality. However, more than the referendum itself and the possible decision of the Constitutional Court, something else is of concern. We all know which political option holds the majority in the Constitutional Court. In Slovenia, unfortunately, there is a strong desire to subjugate all branches of power to one political option – specifically, the one rooted in the former political system. We all know that in the former regime, everything was subordinated to one authority and that many people still like the idea of that today, while they publicly talk about “freedom” and “democracy.”
Let us cite the statement of the former left-wing Member of Parliament, Jasna Murgel: “… One year goes by quickly. And in the meantime, we can replace the judges of the Constitutional Court.” Presidential candidate Nina Krajnik also warned of the serious dangers of the complete subjugation of all levers of power: “It is not healthy for a democracy that a single political option actually holds all three levers of power in its hands…” There is a serious danger of the government adopting a harmful law and the opposition then announcing a referendum – but since Golob’s government has friends at the Constitutional Court…
While the Constitutional Court was busy doing everything it could to make the former government’s job difficult, will it suppress the will of the people now that “their” people are in power?!
Domen Mezeg
