Everyone has the right to compensation for damage caused through unlawful actions in connection with the performance of any function or other activity by a person or authority performing such function or activity within a state or local community authority or as a bearer of public authority.Any person suffering damage has the right to demand, in accordance with the law, compensation also directly from the person or authority that has caused such damage.
Article 26 of the Slovenian constitution (chapter II, human rights and fundamental freedoms)
Branko “Gizmo” Grims in action
Yesterday, Janez Janša’s SDS filed into the parliamentary procedure a proposal for a constitutional law amending the Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia – the act which set the basic principles of Slovenia’s relation with what was until then Yugoslavia. Among other things this act provided for the continuation of the rule of law after the declaration of independence and also set the basic rules regarding citizenship and/or permanent residence.
SDS, spearheaded by none else than Branko “Gizmo” Grims, the party’s chief attack dog and Goebbels wannabe, want the new constitutional law to provide for two basic things:
-that those Erased who already got the decisions reinstating them to their status of permanent residence be subject to re-examination of their status and
-that none of them should be eligible for any compensation or damages stemming from the erasure and that they were not eligible for any benefits from the time of the erasure to present, making the Erased an exception to Article 26 of the Constitution.
There are a few other SDS-like provisions, my favourite is the one about the public prosecutors being bound to initiate, within one year, re-examination of any and all decisions on legal residence if they are informed in any way, shape or form, of circumstances that could constitute a breach of the law. Meaning that a simple anonymous mail would suffice for the Erased to have to go through the entire ordeal again.
However, this was just the prelude. As you know, SDS also filed an interpellation of interior minister Katarina Kresal for issuing decisions on restoration of status of permanent residence to the Erased. They said that they would withdraw the interpellation if the ruling coalition would support the constitutional law, which – incidentally – must be passed with a double two-thirds majority. First it must be approved by a two-thirds majority on the Committee for Constitution and then by the parliament in a plenary session.
Normally, this manoeuvre wouldn’t stand a snowball’s chance in hell. However, given PM Pahor’s chronic bi-partisanship there is real danger of him entertaining thoughs of humouring SDS yet again. Hopefully, he realises that last time around it was he who needed the two-thirds majority whereas today it is SDS which needs those votes.
They shouldn’t be allowed to succeed. While circumventing a decision of the Constitutional court by changing the constitution is legal, this would establish two classes of citizens and quite literally put into the constitution that all people are equal, but some are more equal than others.
PM Borut Pahor has given his full backing to Katarina Kresal. He’d better stick to his guns. Because if that support waivers for as much as a second, his coalition might fall apart sooner than you can say “inauguration speech“. Doubly so if he starts making noises towards cutting yet another deal with Janez Janša.
Some would have you think that he is contemplating the ultimate deal.