Jurist thinks access to Constitutional Court should be slightly restricted

Ljubljana – Jurist Tone Jerovšek, one of the authors of the Slovenian constitution, believes the constitution is still good and modern even after 30 years. But some amendments would be required, especially regarding access to the Constitutional Court, which he thinks is too wide.

During the epidemic in particular it became evident that the current system enables individuals to appeal to the Constitutional Court frequently, while the court is drowning in cases, Jerovšek said.

He thinks it would be sensible to have the Constitutional Court deal only with the most clear-cut cases of violations. Thus, the caseload would be reduced, and the court could devote more attention each individual cases.

Jerovšek would also change the procedure for appointing of ministers, who are appointed by the National Assembly at the proposal of the prime minister. “No other country has such as system,” he said, noting that in other countries the prime minister appoints ministers.

Changes to the election system would also make sense, Jerovšek believes. He would also give more say to the upper chamber of parliament, the National Council. “The national Council is very important and useful as a counter weight to the National Assembly, so it should be preserved and get some more powers,” said the former Constitutional Court judge and president.

However, he sees no need for changes to the constitution in relation to the managing of the epidemic.

But he disagrees with the Constitutional Court’s decision on the communicable diseases act, with which the court assessed that the government has too much freedom in introducing epidemiological measures.

With this decision, the Constitutional Court exceeded its powers and interfered with the operative work of the government, he said.

He also cannot imagine the epidemiological measures to be adopted by the National Assembly, as some propose. “The German parliament too said at the very beginning it will not be meeting because it is a too rigid an institute and gave powers for action to the government.”

Slovenia’s constitution was passed on 23 December 1991. The text had been written by a group of experts led by Peter Jambrek, who later became a Constitutional Court judge, and including Jerovšek.