Dob Prison Blues

Among many of his accomplishments, Janez Janša can now claim to be one of the few people on this planet to have attended their own wake. This at least was the impression given last Friday, when Janša started serving his two-year prison sentence passed on him in the Patria Affair. Namely, hundreds (thousands, by some accounts) of his followers descended on Dob prison facility and staged “a spontaneous” gathering with loudspeakers and all. The event, protracted as it was, culminated with Janša arriving and addressing the faithful one last time.

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Janša’s prison summons. (source)

But what was no doubt meant to be the mother of all speeches turned out to be a lackluster campaign rally with Janša giving the impression of a man who finally realised the gravity of his situation. Namely, only the previous evening the SDS leader took part in an election debate and admittedly did a fair job, quite unlike a man who will not be picking up soap from the floor again until 2016. Perhaps he thought the Supreme Court would come to his rescue at the eleventh hour and suspend his serving of the sentence or even rescind the sentence altogether. No such luck. With the Constitutional Court nixing Janša earlier in the week with a 6-3 vote, the Supreme Court just added insult to injury. From Janša’s point of view this was just another proof that the entire judiciary (save the three constitutional judges with their dissenting opinions) was out to get him. Under orders of a secret communist kabal headed by Milan Kučan, of course. The alternative interpretation, although admittedly boring, is that Janša simply fired his last shot and is out of legal and political ammo. Next stop: prison cell.

The brouhaha this created was (and to an extent still is) of epic proportion. After all, it is not every day a former PM is put behind bars. Some (Frankfurter Algemeine Zeitung (paywall) among them, apparently) questioned the timing, saying that putting a man in the brig three weeks before elections is fishy. Others hold that the decent thing would be a presidential pardon, since this is what self-respecting countries apparently do. Deputy chief of government’s legal service Janez Pogorelec wrote as much in the last issue of Pravna Praksa, a magazine on legal issues. And even Matevž Krivic, former judge of the constitutional court, now a tireless campaigner for the rights of the Erased says the legitimacy of the upcoming elections is compromised with Janša in prison. And last, but certainly not least, the SDS maintains the elections will neither be free nor fair.

Now, let’s take these arguments apart, one by one. First of all, the legitimacy of these elections has nothing to do with a political being put in jail. Janša was convicted some time before elections were called. He knew this was coming. And even if he honestly expected his appeal to be upheld, he could have at least planned for a contingency. Afterall, the SDS list of candidates was announced six days after JJ got summoned to prison. It’s not as if someone issued a Nach-und-Nebel order on him and dragged him out of his flat in the middle of the night on unspecified charges (although the SDS faithful will have you believe something along those lines happened). Quite to the contrary, in fact: the SDS leader is taking part in these elections and will most likely get elected to the parliament. And while there is a legal provision terminating MPs serving more than six months’ prison sentence, no such clause exists for members of the government. Meaning that if the SDS somehow secures an absolute majority, then can actually appoint Janša Prime Minister. The scenario is highly unlikely (even the Party doesn’t have the audacity to pull a stunt like that) but possible.

Janša in prison, therefore, does absolutely nothing for legitimacy of these elections. Yes, his incarceration will affect the outcome, but so would his remaining on the outside (especially if elections were cited as a reason). Everything we do affects the elections one way or another. Sure, Janša will not be able to attend election debates. But that is neither his right not prerogative. There can be debates without him. His two rights (to vote and run for office), however, are in no way infringed.

Legitimacy of elections is also questioned in the sub-text of FAZ’s reporting. But it needn’t be. Would the situation be any different if Janša were to start serving a sentence six months before elections? Wouldn’t the definition of “just prior to elections” be simply adjusted for time scope? What if the court had waited (as Krivic suggested) and summoned him to prison after he had won the elections? Just how ugly would that look? No, summoning him before elections was the only sensible thing to do. Even more so since Slovenia held at least one election per year in past seven of eight years. We tend to cast our votes around quite a lot in this country. And if we waited for a “clear stretch of non-voting” to put corrupt politicos behind bars, we might find to be in for a long wait.

Lastly, rule of law is paramount in any half-decent democracy. Granted, this sorry little excuse for a country is occasionally lacking in this respect, but this is no reason to go actively ruining what’s left of the concept. The important thing here is that a high-profile person who committed a felony is behind bars. Countries where the law applies to both rich & famous as well as the common man are more likely to have their political system seen as legitimate. This goes for the idea of presidential pardon as well. Pogorelec maintains that a presidential pardon would be a face-saving operation for Janša and the country, allowing the illustrious fighter for Slovenian independence to retire gracefully from public life.

Which is about as naive a notion as there ever was. Just what in Bob’s name forces Janša to quit public life if president Pahor issues a pardon? A gentleman’s agreement? Between Janša and Pahor? Yes, thought so… Also, a pardon would send a message that despite all the rage that was directed against the political class a year and a half ago, there are still perks which come free of charge if you play the game long enough. A presidential pardon of a high-profile politician would mean sweeping things under the rug. In fact, only if president Pahor stays true to form and does not pardon Janša (formal request to do so had not yet been made), will the people perhaps start believing that we are indeed all equal before the law.

And as for SDS claim about elections not being free nor fair? Well, this…

But far more intriguing than yet another attempt to pre-emptively undermine elections are the people who are coming out making the case in Janša’s favour. A plethora or people and organisations who have been trying for years to present themselves as independent, who were obviously astroturf but still shamelessly functioned as sort of think-thanks (or, at least, PR tanks), now rush to Janša’s rescue, each denouncing the judiciary from their own angle but all of them doing so without mercy or intellectual distance. Case in point being Matej Avbelj, the young dean of one of faculties founded during Janša government 1.0. More importantly, this included former Ljubljana archbishop and now Vatican cardinal Franc Rode, giving credence to the theory that the former leadership of Slovenian Catholic Church (since beheaded by pope Francis) was in cahoots with Janša, often at the expense of the more natural political ally of the Church, the ChristDem Nova Slovenija. Whether these are spontaneous cases of trying to please the master or a concerted effort ran from party HQ to shoot down the Patria verdict (after-all, the Supreme Court still has to rule on the issue), it doesn’t really matter.

Although his prison sentence is relatively mild (Igor Bavčar, for example, got seven), Janša out of the picture does mean great things are afoot. While the left remains in ruins and will probably be ruined some more on 13 July, the real development will be ob the right. Whoever takes over as interim leader of the SDS, will be forced to make decisions in an environment that is rapidly changing on account of Janša not being there. The SLS and NSi are growing a spine, the new party of Miro Cerar seems to be the electorate’s darling at the moment and the voters who tolerated Janša’s escapades will probably be much less keen on a person imitating Janša’s style of leadership. Doubly so if the SDS were to win the elections and appoint the PN (pengovsky still sees Romana Tomc as being earmarked for the job).

Janez Janša got transferred to a minimum security facility today. This means that he can again use modern means of communications, probably trying to run the Party from within prison. This will probably not work. Not on the operational level, at least. Sure, he might install someone he trusts to simply stick to his agenda and not have any ideas. But the last guy to try something like that in Slovenia saw his party split down the middle.

Archive Referendum Results: Nothing To Be Happy About, Regardless

A few takeaways on yesterday’s archive referendum results. The turnout was a dismal 11.68 percent, with 67.32% against and 32.68% in favor of the new archive law. Since the quorum of 20% of all eligible voters against the law was not reached, the law stands as passed by the parliament.

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Referendum results (source: dvk-rs.si, graphics via ChartGo)

Now, the response of the petitioning party (that be Janez Janša‘s SDS) was pathetically predictable: that at least they won “a moral victory“. That the “forces of UDBa are still at work”. That the people don’t appreciate the referendum as they should (clearly a case of pot calling the kettle black).

On the other hand, the government hailed “a referendum victory” with minister Uroš Grilc adding that Slovenia finally has a modern archive legislation. Incidentally, the last law to have survived voters’ scrutiny (albeit under the old rules) was 2005 referendum on the law on state radio and television RTVSLO. And that law, too, fell under the purview of Ministry of culture. Just so you know 😉

Now, while the bit about a modern piece of legislation might very well be true, everything else is pure bullshit-meter-breaking material. This is not a victory for the government. It is, at best, a defeat avoided. The feeling of “victory” is relative only to the ginormous foot the Party had just inserted in its own mouth. Namely, the SDS supported changes to the referendum legislation, instituting the “quorum against” which now worked heavily against them.

Bonus points in the fuckwit category go for Milan Zver MEP who tweeted that two-thirds of Slovenians slapped the government in the face (this by extension meaning that only people who cast their vote on Sunday are true Slovenians). That the turnout on a referendum they campaigned heavily for is comparable to the 2008 fiasco with referendums on regions only adds insult to injury. As does the fact that back then Janez Janša claimed victory as well.

But the biggest loser here are the people. Not because the law is now enacted (that, at least, is good) but because the SDS continues, even with the “new and improved” referendum restrictions, to abuse what is left of this crucial institute of direct democracy. This was the pattern for the better part of the past two decades and due to no small fault of the Party the word “referendum” is now tarnished beyond repair.

Under the new rules it is almost impossible for a group of concerned citizens or an NGO to challenge a piece of legislation unless they have access to a well-developed political party network which (by definition) makes them more of an astroturf group rather than a grass-roots movement. With continued abuse, the “almost impossible” will without a doubt become simply “impossible”, as ignoring referendum votes will become not only acceptable, but indeed desirable. The ultimate goal of making voters indifferent to public matters is thus well within reach. Case in point being the general approval the people met with the new referendum rules.

Citizens’ oversight is a scarce commodity as it is. Abuse of referendum legislation, such as witnessed Sunday last, only depletes it further. Pretty soon, there will be none left.

The Red Herring Of The Archive Referendum

Igor Lukšič, the deposed leader of the Social Democrats, used to begin his political science class semesters by stating that “form is content”. While that may be true to an extent (and it certainly is true in case of President Borut Pahor, in large part a political product of Lukšič’s), there comes a time when form and content are both radically different and equally intriguing. Case in point being the “Archive referendum”, to be held this Sunday.

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A Twitter exchange over archives’ redaction between Boštjan Gorenc Pižama and Ministry of Culture. Summed it up pretty nicely.

A referendum, I hear you ask? But didn’t we just go to the polls, voting for godknowswhom in godknowwhat capacity? Well, 24 percent of us did. And it was called the EU elections, silly. But this time, the game is a wee bit different. You see, the outgoing administration of Alenka Bratušek passed a new law governing safekeeping and access to state archives. The existing law, passed in 2006 by the Janša 1.0 administration was amended and expanded on by Ministry of culture headed by Uroš Grilc, which caused the SDS to go apeshit and muster 40.000 signatures required to hold a referendum, claiming the new law prevents access to archives of UDBa, Yugoslav communist secret police. Which, as far as The Party is concerned, only goes to show that communists still run this country, that Milan Kučan is behind all of it and that you should vote SDS in the next parliamentary elections, to be held a month from now. But first, the form.

Quorum against

The referendum this Sunday will be the first held under the new rules. In the old days a referendum was called when the petitioner first collected 2k signatures to initiate referendum proceedings in the first place. Clearing this hurdle, they needed 40k verified signatures (i.e. your signatures on a special form, verified by a clerk) to force the parliament to call a referendum on the issue. This was, arguably, the biggest obstacle. And when the actual vote came on, a simple majority was needed to either confirm or overturn the law in question. And with referendum turnout percentage traditionally being in the low thirties, this regularly brought about situations where fewer than 20% of the electorate got to decide a publicly relevant issue.

But now, the tables have turned. As of recent, petitioners must collect 40k verified signatures to begin with, while the referendum itself is subject to “quorum against”, meaning that to overturn a law passed by the parliament must see a) majority of all votes cast is against the law, provided that b) all votes cast against represent at least twenty percent of all eligible voters. Which, admittedly, sets the bar wee bit higher than before. Assuming a vote split down the middle, around forty percent turnout is needed to give the petitioners against the law a fighting chance. For example, the turnout at the 2012 presidential elections was just north of forty percent.

Point being, that unlike before, when it was oftentimes enough to merely call a referendum to derail a political process (and if the vote went your way, well, hip, hip, hooray and jolly good!), today the emphasis is much more on bringing out the vote. Which brings us from form to the content.

The content

It seems that the crux of the matter are amendments of article 65 of the law which – according to the SDS, the petitioning party – allows for indiscriminate redaction of sensitive material, supposedly creating conditions for the government and the archive personnel (both of which are communist-controlled, obviously) to redact and remove any and all information which could shed light on UDBa and general communist mischief, the apex of which was, is and forever will be Milan Kučan. The ministry of culture, however, says that no such thing will be possible. Quite au contraire, they say, the new law prevents mishandling of the archives, allows for a broader access to more archives and only allows for redaction of personal circumstances, i.e. sexual preferences, religious beliefs, medical conditions and so on.

The SDS, whose vitriolic anti-communism is the glue that keeps this party together (and is especially strong with members who were ardent Commies right up to the end of Socialism) is of course milking this one for all it is worth and then some. Namely, if they are correct and the government is planning to shut down access to archives, it means no more playing around with the Xerox machine. And if they are wrong and the ministry of culture is correct and the new law means broader access to archives, well, the SDS gets fucked as well, since their fooling around with the archives will be exposed much more easily. Either way they lose.

My precious!

It doesn’t help their case that their point men in this case are two gifted amateurs with little or no formal training in relevant scientific fields. Igor Omerza and Roman Leljak have been trawling the archives for some time now and churning out massive amounts of copy most of which was immediately picked up by the SDS. Case in point being disappearance of one Stjepan Crnogorac, a Croatian national who was allegedly kidnapped and killed by Slovenian SDV. The thing is that most of what Omerza (former Ljubljana deputy mayor) and Leljak (former Yugoslav Army intelligence officer who later did time for fraud) come up with is not independently verifiable. And when you find out that the Daring Duo has an unlimited pass to see the un-redacted archive originals and will continue to enjoy this privilege even if and when the law is passed it makes you wonder if what we’re seeing here is not some kind of jealous protection of “the ring”

Red herring

But there are other levels at which this law simply doesn’t work for the petitioners and they’ve nothing to do with existing UDBa archives. Namely, the keen eye of the Good Doctor spotted a teeny-tiny little detail called “Article 50a” which – in a nutshell – states that selected archive material of parliamentary political parties is to be treated as a “privately owned archive”. Translation: political party archives fall under the purview of the new law, can not be messed with at will and must be granted access to under certain conditions.

Now, what if what we’re voting on Sunday is not really about UDBa archives being open or closed but rather a knee-jerk reaction of at least one political party to possibility of other people having a peek at their archives. It would not be the first time a red herring would have been employed in such a manner. Namely, in 2005, Janša 1.0 administration passed a new law on media which – among other things – provided for an extensive “right to reply”. Editors and journalists went apeshit, the left-wing opposition was screaming bloody murder but while half of the country was claiming government interference with the media, another and much more fundamental provision was overlooked: the new law dropped the provision banning ownership concentration of media. But since everyone was up in arms over a principle (one which ultimately didn’t matter a pair of fetid dingo’s kidneys as editors often simply ignored claims to right of reply), a massive change or rules took place under the radar.

Which is what we’re looking at here, in pengovsky’s opinion. The real fight is over the unmentionable. The SDS obviously will never admit it has a problem with granting access to its archives after clamoring for a free-for-all on state archives. The government, on the other hand, will never admit it has any interest in papers of any political party. Although granting access to their archives should be a given since parties are mostly funded by taxpayers’ money.

Or are they? 👿

    EU Elections: Left Man Standing

    Two years ago, shortly after clinching the leadership of the Social Democrats, Igor Lukšič observed, administrative core of the party notwithstanding, most of the party’s elected leadership are just gifted amateurs, people who have day jobs and dabble in politics a bit on the side. Today, following a rout at yesterday’s EU elections he was forced to submit his resignation to those very same gifted amateurs, putting an abrupt end to his ambitions of a higher office and maybe even his political career as such.

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    Outgoing SD leader Igor Lukšič and his politburo-sanctioned replacement Dejan Židan (photo: Denis Sarkić)

    But Lukšič was by far not the only victim of yesterday’s rout at the polls. In fact, the entire political left was beaten to a pulp, falling victim to in-fighting, clashes of egos, cross-party divisions, past grudges, lack of a meaningful agenda and an utterly uninspiring campaign. The other two high-profile victims were Gregor Virant, who quit as DL chief on election night and Pavle Gantar who threw in the towel as leader of Zares earlier today. Their parties scored 1.1 and 0.9 percent respectively. Adding to this the meager results of Positive Slovenia (6.6), soon-to-be-ex MEP Jelko Kacin (4.8) and Solidarnost (1.6) it becomes plainly obvious the voters opened a big can of whoop-ass on the political left.

    Can of whoop-ass

    Sure, not everybody is unhappy. Igor Šoltes has yet to form a party, yet he won himself an MEP spot with his 8-member candidate list. Ivo Vajgl, who switched allegiance from Zares to DeSUS surprised a lot of people by winning another term (especially after he fucked up royally during the last debate, forgetting he was with DeSUS and said he was a Zares candidate). The United Left (think Syriza Light) won an impressive 5.4 percent with their “democratic socialism” platform. Still 2.6 percent below the threshold, but a fair achievement in its own right. And, last but not least, the Social Democrats did win a single seat in the European Parliament. It’s just that it wasn’t leader of the list Lukšič who got elected but rather Tanja Fajon, who thus gets another go at the MEP job, courtesy of preferential votes, where she scored better than Lukšič.

    Now, although Virant and Gantar quitting more or less means their parties are now clinically dead which in turn means the political centre is in ever worse shape than it was a year ago, the real story are, obviously, Social Democrats. They entered this election round with two MEPs and looked to repeating the result (at the very least). They tried to sell Slovenia as a swing-state in the pan-EU battle between conservative EPP and socialist PES, leaning heavily on Martin Schultz as PES candidate for President of the European Commission and trying to rally the troops with the cry of “Europe will either be red or disintegrate”. Little good it did for them.

    From Slovenia with love

    Although EPP and PES results are fairly close, Slovenia was in nowhere near becoming the “kingmaker country”. And although there was a lot of love for Schultz on SD part, the feeling apparently wasn’t all that mutual. Not only that. Lukšič seemed to have angered a lot of people within the party by muscling his way on top of the candidate list. Moreover, the run-up to elections which coincided with disintegration of the Bratušek administration and emergence of new parties, saw Lukšič playing hardball politically and turning to cynicism in media-wise. Neither won him any friends, neither with his (potential) political allies nor with the electorate.

    Which is why Dejan Židan, the person groomed to replace Lukšič sooner or later as head of the SD, was slowly being pushed from the edge of the frame more towards the centre, finally taking over today, after he spent most of Sunday night denying he had any ambition whatsoever to lead the party. And since one is not to believe anything until it has been denied at least twice, it took Židan a bit longer to become the party regent, so to speak. It was all done in a manner of a good old-fashioned “politburo putsch” where the senior party figures conspire against their president and have him unceremoniously replaced. Predictably, Židan said he “realizes the daunting task ahead of him” and “recognizes the future of the left lies in cooperation”. Translation: “I fucking made it!”.

    Offtopic: it is possible there will be more to this story than just a change at the helm. Apparently, schemes are aplenty within the SD as a lot of people are looking to replace a lot of other people, both on political as well as administrative party positions.

    Plus ça change, plus c’est la même chose

    Anyways, the fun starts now. SD is about to perform an about-face vis-a-vis left-wing cooperation. Which is about a day late and a dollar short. Had they done so while the public opinion polls had them neck-and-neck with the SDS, they might have even been able to dictate terms. But as things stand now, either Igor Šoltes or PM Alenka Bratušek are best positioned to try to create some sort of momentum. With all the caveats, of course. But before that happens, the left has some serious thinking to do, mostly on what it actually stands for.

    In the last couple of years we’ve witnessed a long series of knee-jerk reactions, ad-hoc political platforms which were either a patchwork of often mutually exclusive ideas, too far out progressive to register with the voters or the usual buzz-word-heavy crap. Often all of the above at the same time. And if snap elections are indeed to be held in July, time to think just ran out.

    While we’re on the issue, pengovsky wouldn’t be surprised if the parliamentary parties which got their asses kicked on Sunday were suddenly to find a July election date “incovenient and not in the voters’ best interests”.

    But despite the left-wing rout, in pengovsky’s opinion, too little had changed. Of eight Slovenian MEPs, half got re-elected. Alongside old hands Fajon and Vajgl and newcomer Šoltes, Milan Zver of SDS and Lojze Peterle of NSi+SLS get to see the inside of the European Parliament for another five years. Joining them are leader of the SLS Franc Bogovič (for NSi+SLS) with Romana Tomc and Patricija Šulin for the SDS. And while EP veterans are expected to stay put, at least three out of four newcomers are suspected to return to national politics as soon as possible. Šoltes and Bogovič will most likely run in the parliamentary elections as well, while Romana Tomc looks ever more like she is tapped to replace Janša after he starts serving his prison sentence and become the SDS nominee for PM if the party wins that vote (as everyone expects it to).

    Thus the pace of political change, which right now needs to border on revolutionary (in terms of speed, not necessarily in terms of content), will probably be sluggish at best.

    Third-lowest turnout

    Which is probably one of the reasons only 24 percent of the voters bothered to shop up and vote. Only a handful of candidates appeared to have their hearts really in it. Others saw these elections as a trial run before the real (parliamentary) thing. And even those candidates and parties who did take the whole thing seriously, managed to make a lukewarm mess of it. Which is why the turnout more or less matched your average referendum turnout in Slovenia. More or less only political diehards voted. People who’d have cast their vote even in a referendum on the height of grass on the Stožice football pitch. Like yours truly. The other big reason for the third-lowest turnout in all of EU being the general disgust with politics, of course

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    Votes not cast vs. votes cast for specific parties (via FB)

    Anyhoo, the right-wing won this one fair and square. As for the left, it will be the last man (or woman) standing who gets to pick up the pieces and try to start from scratch. But before we get there, more heads will roll.

      When Jean-Claude Met Janez (It’s The Company You Keep)

      Pengovsky didn’t quite start covering EU elections yet, especially due to the early election tug-of-war in this sorry little excuse for a country. But a curious thing happened on the “European front” last night. Namely, during an EPP huddle in Bratislava, Slovakia, leader of the SDS Janez Janša tweeted a selfie with himself and Jean-Claude Juncker, EPP candidate for president of European Commission.

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      BFF (source)

      Now, this particular campaign seems infested with selfies and yours truly vowed to unfollow anyone trying to do Ellen on Oscars. Needless to say, victims are aplenty. But selfies aside, Ivan’s tweet raises a whole different set of questions.

      First and foremost, the very fact that the EPP candidate for the top European job apparently hangs out with a convict. As both readers of this blog know, Janša was sentenced to two years in prison for his role in the Patria Affair. His appeal was overruled last week which means that barring a deal to commute the sentence, the leader of the opposition will soon see the inside of a prison cell. Granted, in the photo Jean-Claude doesn’t seem exactly exuberant, but hey, it’s the company you keep, right? Doubly so if you want to land the EU boss gig.

      Moreover, this photo begs the question, what exactly does Monsieur Juncker think of Slovenian justice system. Does he have nothing but contempt for it, not unlike Janša? Does the EPP candidate for president of European Commission stand by the resolution of the EPP Political Assembly adopted last November which deals with Janša specifically and basically puts him above the law, while reducing Slovenia to a banana-republic? And last, but certainly not least, what is the position of both Jean-Claude Juncker and the political group he represents on the outcome of the trial of Janez Janša?

      But since answers to these questions will a) probably never be given and b) if given, can be guessed at quite easily, the real question is, just what exactly does Mr. Juncker (if elected) plan to do about corruption which apparently is not uncommon even at the very top of political elite of EU member states.

      OK, so maybe president of the Commission can’t do anything about it on the national level. But the problem is, we can’t really ask Janša about it either. The only steps he’s taking are apparently steps delaying being formally served with the verdict.

      But perhaps I’m being unfair. Maybe Jean-Claude and Ivan only shared experience on how to politically survive a spy-scandal. Bob knows Janša’s got a lot of mileage in that department.

      PM Bratušek Resigns, Looks To *Early* Early Elections

      Prime Minister Alenka Bratušek resigned from office earlier today. This was the end result of a coalition pow-wow on Saturday where apparently cooler heads prevailed in the post-PS-congress fuck-up and realised it don’t matter a pair of dingo’s kidneys if the government holds on for a few more months and agreed to hold early elections ASAP.

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      AB’s letter of resignation (source)

      While president of the parliament Janko Veber said in a statement about an hour ago that 22 June is not feasible as election date, other summer dates are being looked at. The “problem” is that school recess starts that weekend as well which might pose a problem from a constitutional point of view (a bit more on this later on).

      It all went tits-up

      That the ruling coalition went tits-up became apparent a week ago, when Jay-Z ousted Bratušek as PS chief. Disintegration of the party followed, with the PM quitting PS and taking half of the parliamentary group with her, while Zoran Janković was left to pick up the pieces.

      Thus a curious situation ensued, where the PM is fact a political apatrid (EDIT: although she is apparently in the process of forming her own party), while president of one of the coalition parties apparently wasn’t even invited to partake in the huddle. Namely, Zoran Janković was reportedly overlooked when invites for the meet were sent out which technically makes even more of a mess of the whole thing. Which gives enough of a glimpse of the clusterfuck we’d have experienced if Bratušek administration were to try and continue in the current setup.

      The word “fugly” would not even begin to describe it. Just to give you an idea: Although Bratušek left the PS, Janković insisted the congress gave her full support to stay on as Prime Minister, while voting him in as chief of the party. How he came to this conclusion remains a mystery, as congress didn’t vote on the issue. Bratušek on the other hand fulfilled her promise to quit the party and the premiership if she loses the congress vote, putting Slovenia in the classic “what happens if an unstoppable force meets an immovable object” conundrum. Luckly, that particular scenario was avoided. Temporarily, at least.

      That it not to say that Jay-Z will not have a say in the way things unfold. Even though the PS parliamentary group split down the middle and the party under Janković is left with 13-or-so MPs (out of 29 they began the term with), it will take a nod from Janković as well to try and cut a short-cut to early early elections.

      The procedure

      Namely, the procedure that is triggered by resignation/fall of the government calls for at least three rounds of attempts to find a new majority in the parliament, with ten MPs having unlimited options to put forward their candidate. Thus, theoretically both PS and the SDS as well as any other group that could muster ten MPs (say, the SLS-NSi combo with its newfound happiness) could delay elections for a considerable time.

      This, however, will not be the case, apparently. While the SDS remains suspect (pun very much intended;) ), there seems to be a consensus, albeit grudging one, that no parliamentary party will seek to put forward their PM nominee. For his part, president Borut Pahor already said he will not be putting forward a nominee as well, which basically covers all the bases and open the theoretical possibility of elections as early as summer.

      Having said that, things will probably not go smoothly. Aside from the fact that summer early elections clearly favour only current parliamentary parties as their alternatives outside the parliament (such as once-parliamentary Zares now led by Pavle Gantar or the up-and-coming Verjamem of Igor Šoltes, Solidarnost or the United Left) need more to get their operations running, there is also the possibility that time will simply run out.

      Due date

      Elections are normally not held during the summer break (last week of June to mid-August) nor are they called in a manner which would mean the campaign would be held during the break, although the latter is more of an accepted convention than anything else. And since elections can be held forty days from the act of calling them at the earliest, this means that if anything is to happen, it has to happen by next Tuesday. Failing that, we’re most likely up for elections in late September.

      Additionally, there is the factor of a possible constitutional contention of the election date, especially since the Constitutional Court seems to have acquired a taste to meddle in policy questions, case in point being the real-estate tax and the archive referendum, where they nixed May 4th as voting date on a marginal but politically prominent question of UDBa archives, courtesy of the SDS.

      But even though we can reasonably expect the party of Janez Janša to stall things a bit (well, quite a lot in fact, since they’re again talking about impeachment of Alenka Bratušek), they’ve apparently started to prepare for a period without Janez Janša as their point-man. Following the upheld conviction of the SDS leader who is to serve two years in prison for corruption, SDS MP Romana Tomc resigned as vice-president of the parliament. Officially it was done in protest over “politically motivated conviction against Janša”, but it is quite possible she is designated to replace Janša at least temporarily.

      Romana Tomc, SDS’ Alenka Bratušek?

      Tomc was rumoured to have been considered a replacement for Janša during the 2012-2013 winter uprisings which called for his resignation as PM. Nothing came of it as a new coalition was formed under Alenka Bratušek, but Tomc has been near the limelight ever since. With no immediately apparent political baggage she just might be the person SDS is looking for to fill the void Janša’s (temporary) removal from inner circle of politics will bring.

      Since SDS is in a good position to win the parliamentary elections as things stand, an apparently moderate interim leader, not unlike Alenka Bratušek (both gender- and rhetoric-wise) might just give that extra boost the party needs to climb all the way to the top, which has eluded Janez Janša but once for the last quarter of the century.

      Anyways, as of today, Slovenia is in election mode, level 999 and will remain so until mid-autumn when local elections are held. Between today and then, however, we are to cast our votes in EU elections (25 May), archive referendum (rescheduled for 8 June) and early parliamentary elections. God forbid the President were to resign.

      On second thought… :mrgreen:

      House of Cards: Janković Splits Party, Janša Guilty As Charged

      Janez Janša is guilty as charged. This, apparently is the ruling of the Higher Court in the Patria case. The verdict of the district court was thus confirmed as was the two-year prison sentence against Janša.

      20140428_blog

      Together with Janša, Tone Krkovič and Ivan Črnkovič saw their prison sentences (twenty-two months each) confirmed as well. Walter Wolf fled Slovenia presumably to Canada with an APB issued against him while Jože Zagožen passed away before trial concluded.

      Janša maintains the whole thing was a show-trial and a political set-up (he would, wouldn’t he?), but fact of the matter is that at this stage Janša has to serve his sentence even if he files an appeal with the Supreme Court.

      It’s a conspiracy (again)!

      Granted, for sentences under three years, prison can be commuted for community work or “weekend-prison” where the convict spends only weekends in prison while going about his daily life during the week, but the point is the leader of the opposition is guilty as charged. At least as far as regular courts are concerned.

      This of course puts an entirely different perspective on the prospect of early elections which as little as two days ago Janša welcomed warmly and teased the ruling (ex-)coalition that it wouldn’t dare call them. Now, with him being charged, tried and convicted, things don’t look all that well. In fact, the prospect of him called to serve the sentence while campaigning is, well, undesirable.

      Janša, obviously, puts it all down to conspiracy, saying Milan Kučan is behind all of it, including the drive to early elections…

      …although he himself favourited elections and a change of the voting system as late as Friday night when results of Bratušek/Janković fight came in

      On that note, since Berufsverbot was not part of the sentence, there is no law to prevent Janša from running in the next parliamentary elections, get elected and see his mandate confirmed. Which means that even if he is denied a commuted sentence, we are liable to see him roll around in the media for the forseeable future. The law only kicks in after his (hypothetical) election when a provision kicks in, stripping elected officials of their office if they’re convicted to more than six-months prison sentence.

      But hey, you can always count on president Borut Pahor to do what’s best for Janša. Namely, only hours before news of the verdict broke, Pahor said, responding to situation in Positive Slovenia going tits-up that “things were still salvageable”. While Pahor probably didn’t play this one to please Janša, the move reeks of his inability to face the reality in 2011 when his own government was crumbling at lightning speed while he maintained everything was going to be OK. We all know how that ended.

      Positive schism

      Because early elections are virtually a given as of Friday when Zoran Janković ousted Alenka Bratušek as chief of Positive Slovenia. Jay-Z’s return to the helm caused a deep rift within the party and prompted a string of high-profile walk-outs, more or less splitting the party in half.

      Specifically, this now means that the party as such is pitted against its parliamentary group, majority of which support Bratušek. Speculation is rife about what the PM is about to do, but it seems inevitable that she will tender her resignation in a day or so. This means she would continue as PM in a caretaker role until a new government is sworn in and since there is plenty to be taken care of, little would change in the short-term. But since yields on Slovenian bonds are already shooting up courtesy of political volatility, elections should be called as soon as possible.

      Because the other scenario, of Alenka Bratušek forming a new party and having most of PS MPs cross over thus forming a new, albeit weaker majority with existing coalition parties is simply ludicrous. Not only would this mean she would be ruling with a single-vote majority or even a minority government, but would also make her look as if she’s attempting a Pahor-like hold on to power and make lose what little credibility she accumulated over the last year or so.

      As for Zoran Janković, he will undoubtedly start to reaffirm his grip on the party with lightning speed and deal with those who turned their backs on him one way or another. However, Janković paid a steep price for his victory on Friday. Among people who supported Bratušek are at least two of his city councilmen/women, namely Maša Kociper and Jani Möderndorfer. While there is no automatism, since PS was formed after Janković and his “Zoran Janković List” won a second term in Ljubljana, the soured (severed?) relations might very well mean that Janković is down to a single-vote majority in the city council.

      If more people quit, mayor Janković might suddenly find himself looking for a (temporary) coalition to pass city ordnances. Six, nay, five months before local elections the price-tag for this one might be substantial.

      Suddenly, it all comes crashing down

      Within a matter of days, things in Slovenia went from fairly predictable to complete flux. Alenka Bratušek and Zoran Janković are meeting with MPs and the party executive council respectively, on what to do next, while Janša is scheduled to address the media on the verdict tomorrow. Also tomorrow Bratušek is scheduled to meet with president Pahor and resign as prime minister.

      Francis Underwood once said that nothing is permanent. Houses of cards eventually do come down.