Janez Janša | SLEEPING WITH PENGOVSKY

The Kid Who Should Be Tarred And Feathered

I know there are more important subjects to cover, critical to the future of the country finances i.e.: pension reform and the general referendum hoopla including the epic fails (or are they?) of the government ‘yes’ campaign. However, the thing that got me shouting at the TV set yesterday was not the stupidity of putting a silicon-wrecked blonde in front of the camera saying ‘no’ to the reform and hoping for a ‘yes’ result via reverse psychology.

Aleksander Spremo blocking reporter of TV Slovenia from entering offices of Piran Student Club (source)

No, what sent pengovsky on an expletives-laden rant that would make German porn-stars cringe with discomfort was one Aleksander Spremo who, apparently, ~~yesterday~~ last weekend tried to take over the Piran Student Club in the finest manner of muscle democracy where the toughest guy gets the most votes and if you’re not cool with that there’s a big-boned gentleman in the back who sucks at chiropractics to give you a twice-over.

According to a report by TV Slovenia (Slovene only) Spremo and a group of colleagues showed up at a meeting of the Piran Student Club and declared himself president of the club. A stand-off took place which included a police intervention, changing of locks by the municipal authorities (who apparently own offices leased by the club) and even preventing access to journalists by Spremo himself.

Now, all of the above would not merit a blogpost had it not been for one tiny detail. Aleksander Spremo, now a freshman at the Faculty of Law (!) was until recently president of High School Student’ Organisation of Slovenia and was actively involved in student protests against (now dead) law on menial work a year ago which disintegrated into pointless violence and vandalizing the parliament.

The journalist in me knows that there are always two sides to a story. But Spremo’s excuse for frivolous interpretation of democratic standards, namely that the sitting president Rebeka Mahnič “failed to complete a satisfactory number of projects” is flimsy at best and hints at a thinly veiled agenda. What that might be, is almost a no-brainer: student organisations are possibly the last source of money where accountability is a mere after-thought.

I’m not saying that everything was a-OK with Piran Student Club to date (I’ve no information on the club, much less any interest in it’s working), but the very fact that Spremo is involved is disturbing. Namely, this kid, who apparently became the stereotypical arrogant freshman law student should be, instead of trying to muscle his way into a money-pot, hiding under the biggest rock in the darkest hole possible, hoping that no-one will ever remember him, much less find him.

If all things were good and fair in this world, Aleksander Spremo should be tarred and feathered on the spot. But instead he studies law, paid for by the very same state he helped stone a year ago. And he gets to shove journalists around. That he is probably just running bag for someone else is also almost a given. I’m not saying that he hasn’t the mental capacity to cook something like this by himself, but given the fact that things escalated to the point of grown-ups intervening indicates that bigger issues are at play.

Call it a hunch, but I bet this is somehow connected with rumours of emergence of yet another political party in Slovenia. But that will have to wait. Right now I’d just like to express my utter dismay at the fact that 20-something no-goodniks like Spremo, who haven’t an ounce of responsibility and shame, still have the balls to have a go at public matters. Instead, they should be treated to a healthy dose of bitch-slapping.

There, venting session over… 😀

Family Code: Let’s Party Like It’s 1975

On Tuesday evening the parliament completed the second (crucial) reading of the new Family Code which – among other things – was meant to allow same-sex weddings and child adoptions. Pengovsky covered the issue at some lenght including the compromise solution proposed by the govenrment which watered down some of the more controversial points of the new legislation.

The bizzare vote (screenshot by @kricac, source)

As both readers of this blog know, the new code was far from unequivocally supported. Indeed, the split did not occur along the left-right fault but rather along the division between traditionalists and progressives, where the former seem to be enjoying an advantage in numbers or at the very least in audiability. To put it blunty, the political right opposes the new legislation vigorously and with gusto, while the left is divided between progressives who try to argue their case and traditionalists who support the law with noticeable lacklustre and would be just happy if the whole thing never happened.

It was partly because of this that the government sort of backed down on same-sex marriage and adoptions. Under the compromise solution gay and lesbian couples would not be able to enter wedlock but a partnership with the same legal consequences as marriage (including inheritance, which is a noticeable difference from the current law passed by previous government of Janez Janša). Furthermore, same-sex couples would only be allowed to adopt a child if one of the partners would be the child’s biological parent.

Compromise? Think again…

Hadn’t it been for the lukewarmness on the left, compromise would be utterly unnecessary as the right-wing opposition is fighting tooth and nail to defeat the code utterly and completely. Their cause is defended by a supposed grass-roots campaign headed by former SLS member Aleš Primc, who years ago led the campaign to ban medical fertilization of single women and succeeded (a refefrendum was called and the ‘no’ campaign won). Primc, following the shiny example of the NRA is using every possible means to draw attention and present himself as the ultimate defender of life, ‘natural laws’ and all things Slovene, to the extent of recently demanding that evolution and creationism be taught in schools side by side as ‘competing theories on the origin of maniknd’.

So, what we are dealing with here is in fact not a policy disagreement, but an ideological question of – broadly speaking – permissive libertarianism versus staunch religious reactionarism. The two are obviously mutually exclusive, so it is no wonder that Primc rejected the compromise solution as a trick, allowing for same sex marriage and adoption some time later on. And, to an extent, he’s probably correct. The thing is that he and the political parties behind him (SLS, SDS and NSi) will be satisfied with nothing else than a complete withdrawal of the new Family Code and then some, if possible.

Welcome to the twilight zone

The ‘then some’ moment occured, of course. Not just with the aforementioned attempt to introduce creationism to schools. That was, pengovsky suspects, just a target of opportunity. What happened on Tuesday evening when the parliament was voting on ammendments to the Code was much more bizzare.

In what was probably a momentary loss of attentiveness by the coalition, the parliament adopted an amendment by Janez Janša’s SDS stipulating that all unmarried couples, save those who already have a child, should register their union with the proper authorities if they want to claim benefits stemming from such a union.

For the uninitiated: Ever since 1976 civil union was instituted (the linked Wikipedia article is wrong, btw) married and unmarried heterosexual couples in Slovenia enjoy the same benefits, mostly in terms of inheritance, social security, child care and so on. It does not matter if the couple is married or has formalised the union in some other way, if at all. The amendment overturns more than thirty-five years of established practice which was since followed by many a country all across Europe and is recognised by a plethora of other Slovene legislation.

Now, some people know of or have experienced situations where a compulsory registration of a civil union would solve or even prevent many problems such as impostors claiming to have been long-time partners of a deceased family member or similar. However, what it at stake here is the inherent right of an individual to live the way he or she chooses without being disenfranchised vis-a-vis the state. Or – if you want to look at it the other way – the state has no business prescribing the preferred form of a union between two individuals.

The amendment is a very telling representation of just how deeply ideological this debate is. On one hand we have a drive to expand the definition of a family and with it the circle of those who would benefit from that, regardless of the way, shape or form of the union, regardless of whether the union produced an offspring (biologically or otherwise) and – most importantly – regardless of the sex of people entering such union.

On the other hand we have a drive to curb the existing scope of the acceptable: an exclusively heterosexual union where the partners will be left alone and eligible for benefits only if they produce an offspring, otherwise they have to declare their union to the state. This in fact shouldn’t come as a surprise, since this is exactly what the government of Janez Janša did to homosexual couples, forcing them to “register” their union with the authorities but refusing to allow marriage. And this is the crux of it all. The right wing’s inherent drive is to reinstitute marriage of a man and a woman as the only allowed form of a union between two individuals. You don’t have to be a rocket scientist to see how the Roman Catholic church is itching to chip in the “before God, until death do you part” as a compulsory part of a marriage ceremony.

Hold on to your hats

Luckily not all is lost. Tuesday’s fiasco seems to have happened more or less by mistake. At the very least, this is what president of the Parliament Pavle Gantar claimed in his tweet (protected, unfortunately) this morning when he said that DeSUS MPs got a bit disoriented for a moment and voted in favour of the amendment instead of against.

Parliamentary rules and procedures allow for amendments originally introduced in the second reading to be re-amended in the third (and final) reading and apparently this is what is going to happen. Mind you, things will probably not go smoothly. First of all, the Liberal Democrats of Katarina Kresal, the most ardent supporters of the new Family Code are saying that they will not support the compromise solution, but demand that the original version of the Code be passed.

While one can understand the sentiment, this will probably not be possible, because it would mean scrapping the whole second reading and most likely make the traditionalists on the left very nervous, perhaps to the point of withdrawing their support of the new legislation. And secondly, even when (and if) the Code is passed, this does not mean the end of the road. What will most likely happen is yet another referendum bid.

One ~~tractor~~ referendum (click if you don’t get it)

Aleš Primc said time and again that he will go all the way in trying to defeat the Code. SLS said about as much the other day when they hinted at the possibility of calling a referendum on the issue. And with this the Constitutional Court once again steps onto the stage front and centre. The coalition will most likely argue that having a referendum on human rights of minorities (in this case gays and lesbians) is unconstitutional as their rights are not subject to popular vote but inherently exist. Furthermore, the new Code does not limit existing rights to any group of citizens, but only increases the scope of population eligible for existing rights (or introduces new rights, whichever you please).

On the other hand, the right wing – with Primc as the probable primary plaintiff – will most likely argue that the the people have the right to decide what kind of a society they want to live in and that – if anything – this is exactly the issue one can and indeed must have a referendum on the issue.

The thing is that no one knows for sure what the court will decide. On one hand it seems logical that there can not be a referendum on human rights, especially rights of an defined minority within the society. However, things are not that simple. Recently, the court made it a principle to deny only those referendums which could result in a continuation of an unconstitutional state. Hence, a pre-existing and established unconstitutional situation must exist for the court to deny a referendum on a law addressing the issue. Which is sadly not the case here. This is not to say that a referendum on Family Code will be granted, but that the coalition faces yet another uphill battle and that the court’s decision – no matter the outcome – will be a landmark one, defining the issue of “acceptable” family for years or even decades to come.

The Prez Has Ideas As Golobič Eyes Resignation. Plus A Few Fun Facts About Early Elections.

The saga continues. After Karl Erjavec and his DeSUS quit the coalition and the government of Borut Pahor, the ball kept rolling yesterday and today. With the notable exception of Pahor’s Social Democrats, LDS of Katarina Kresal and Zmago Jelinčič‘s nationalists, every major political force in the country called for early elections to be held as soon as possible. Even President of the Republic Danilo Türk spoke to that effect this morning and – what was most shocking to the uninitiated – Gregor Golobič of Zares said that he will resign his post as minister of higher education, science and technology and return to the parliament. And SDS of Janez Janša still maintains that all it takes to hold early elections is a deal between SDS and SD. So, let’s take it one thing at the time.

The Prez with his two cents (source: Office of the President)

The Prez held a press conference where he “commented on recent developments in the country”, which is polit-speak of saying that he chipped in his two cents. His bottom line was that a) the coalition must throw everything is still has behind the pension reform and that b) he’d be quick to call early elections had he the power to do so.

A slap on the wrist for The Prez

As most of you know, The Prez has very limited powers and even him saying what would be the best course of action while we still have a fully empowered government means pushing the envelope of acceptable. Toying with the (admittedly hypothetical) scenario of dissolving the parliament and calling snap elections, knowing full well (and saying as much) that he can not do that, is bordering on exceeding his powers. I know things look bad, but apart from the fact that a junior coalition party left the government and that reforms are not popular, there is not a whole lot that is wrong at the moment. Yes, we can see the contours of a political crisis shaping but we’re no there yet. And until we get to that point the day-to-day politics should be left to the coalition and the opposition. The Prez went out on a limb needlessly.

Secondly, the idea of calling snap (or early) elections is floating around for some time now. Indeed, until DeSUS quit the government, a sort of political paralysis seemed to have crept into Slovene politics as no one wanted to make the first move. But now the ball has dropped, the paralysis is gone and suddenly things are moving ahead with lightning speed. But getting to early elections is mighty difficult. It’s not a bug, it’s a feature. The Prez can not call them and even saying what he would do (or contemplate doing) had he broader powers means walking on thin constitutional ice.

A slap in the face for Zares MP

While it may be constitutionally dubious for the president to call for early elections, it is perfectly OK for leader of the coalition party to do so. Which is what Gregor Golobič of Zares is apparently attempting to achieve. He said in no unclear terms that the main goal right now should be the referendum on the pension reform (which will be held together with referendums on black market labour and access to secret archives on 5 June) and that a new government should be appointed sans leaders of the coalition. Since neither PM Pahor nor Katarina Kresal were amused by the idea, Golobič decided to go for broke and announced that he will tender his resignation as minister some time between now and 5 June and that elections could be held as soon as September this year.

Despite the fact that it looks suspiciously similar to president Türk’s idea, Golobič’s move is actually a small political masterpiece which a) keeps the momentum of actually forcing early elections (more on that later on) and b) solves a nasty problem in Golobič’s own party, the problem which goes by the name of Cveta Zalokar Oražem. This MP for Zares who only gained her seat after Golobič was appointed minister and who used to be a member first of Social Democrats and then of LDS (and was a long time mayor of Domžale near Ljubljana) has long been critical of her president and stabbed him in the back quite a few times, most notably during the Ultra Affair, where she was careful to get as much media attention as possible criticising Golobič and doubting his leadership abilities.

Well, by announcing his resignation, Golobič made sure himself and Zares continue to be among those who dictate the tempo of the game and will have gotten rid of Zalokar Oražem, who will thus lose her MP status and cease to be a major problem within the party.

A few fun facts before everyone gets carried away

But before everyone goes ga-ga with the possibility of breaking new political and constitutional ground in Slovenia, here are a few facts to consider:

-Slovene political system is so stable it borders on rigid. Which is precisely why everyone is getting so nervous these days. The government, albeit a minority one, is still fully functional. Political crisis is possible, but still some time away. It’s just that we’re not used to these kinds of situations.

-Because of this rigidity of the system, early elections are practically impossible. The only way to have them under present constitution is a) for the government to resign and b) for the parliament to fail to elect a new government in three consecutive votes. The parliament can not simply dissolve itself by a majority vote or something like that.

-To ensure early elections by means of either empowering the president to call them or enabling the parliament to dissolve itself would require a change in constitution. To do that, a special procedure must be initiated, requiring a two-thirds majority twice over, which is extremely unlikely the way things stand now.

So, the only viable option to call early elections remains resignation of PM Borut Pahor and it seems Gregor Golobič is trying to force him to do exactly that. The PM does not enthuse over that, but things might change come June 5 and the triple referendum.

Pahor’s Coalition Crumbles As Erjavec Flips Him The Bird

Following Monday’s resignation of minister for local self-government Duša Trobec Bučan DeSUS leader Karl Erjavec once again threatened to quit the coalition. Only this time he meant it as the party’s executive council yesterday voted in favour of the move which – this must be said – only formally confirmed what was a “new reality on the ground” for some time now: that DeSUS was no longer a member of the ruling coalition.

Karl Erjavec doing the Top Gun thing (photo by Anže Petkovšek/Žurnal24)

As a direct result of today’s events minister of environment Roko Žarnić said he will tender his resignation, while the third minister of DeSUS “quota” Ivan Svetlik (labour portfolio) remains in his position, since Erjavec “disowned” him because it was Svetlik and his team who came up with the pension reform which DeSUS vigorously opposes and which will be put up for a referendum vote.

Minority government

Technically, this leaves the coalition of Social Democrats, Zares and LDS with 42 out of 46 needed votes to secure a majority in the parliament and in effect makes it a minority government. The government secure additional votes by wooing the three independent MPs, Franci Žnidaršič and Vili Rezman (both formerly of DeSUS) and Andrej Magajna (formerly of SD) although the latter is unlikely to cooperate since he went independent over the new law on RTV Slovenia (the law was later defeated on a referendum) and was a subject of a criminal investigation soon thereafter on suspicion of child pornography (no charges were pressed). Additionally, MPs for Hungarian and Italian minorities traditionally vote with the government, so unless new ground is broken, PM Borut Pahor can still secure a single-vote majority in the parliament. But for all intents and purposes, this is a minority government.

A minority government is not something one wishes for, especially during times of economic, social and what is shaping up to be a political crisis. Calls for early elections are therefore getting increasingly loud today. Leader of SDS Janez Janša already called on PM Pahor for the two parties to work together and vote for the dissolution of the parliament thus forcing new elections. On the other hand, leader of Zares Gregor Golobič proposed for leaders of all three coalition parties to step down from their positions in the government (which is effectively equal to resignation of the entire government) and elect a new government with a sole aim of attempting to win the referendum on pension reform. Obviously, both Janša and Golobič are playing an angle here but pengovsky suspects their true goals are exactly the opposite of their stated goals. To put it bluntly, I think it is Golobič who is trying to force early elections and Janša who is desperate to avoid them.

Pieces have fallen into place

Consider the timing. DeSUS has threatened to quit the coalition on so many occasions that nobody was taking it seriously anymore. But then it decided to walk out only a week after the National Assembly was back to the full complement of 90 deputies as the convicted Srečko Prijatelj of opposition SNS was replaced by Sara Viler. With this and DeSUS’ bailing out of the coalition it suddenly became possible for Janez Jansa to form a right-wing government, And if he were to convince all three independent MPs to support him, he wouldn’t even need minority MPs. Therefore, it all points to a conclusion that Erjavec’s move was coordinated with Janša and that what we saw on Monday was fully premeditated course of action.

Obviously, there are caveats to this logic, first and foremost being that Janša looks poised to win the next elections, be they a week or a year from now. However, at this moment he lacks one crucial element – an election platform. In fact, he and his party only began to initiate procedure which would eventually lead to forming a proper platform, but as thing stand now they’re not even close. Thus if elections were to be held any time soon, all Janša would have to run on would be his anti-government/anti-reform stance, which would make it very hard for him to explain how he intends to bring the country from the brink of an economic collapse.

On the other hand, Golobič and indeed the entire coalition (what’s left of it, anyway) would benefit from early elections for those very same reasons. While they would probably be up for some serious ass-whooping, but quite probably much less than they would be a year and a half from now. While this may sound stupid at first glance, the coalition has virtually zero problems platform-wise. Their problem lies in the unprecedented unpopularity of the government. Which is one of the reasons Golobič made his move yesterday.

But to have early elections it’s not enough for the parliament to simply dissolve itself as Janša would have us believe. For the dissolution to take place, several constitutional conditions must be met, chief among them being the inability of the parliament to elect a new government. Pengovsky covered the issue in this post, but just a re-cap: Once the PM resigns (or a new one is elected via a no-confidence vote), the parliament has three attempts to appoint a new government nominated by the PM-elect. In the first two attempts 46 votes are needed, while in the third attempt only a relative majority is needed. Given that Janša can muster 46 votes at any time, it is highly unlikely that a new left-wing government will be elected.

That, however, does not necessarily mean we’re up for elections any time soon. Also, Janez Janša might be tempted to take over as PM sans elections via a no-confidence vote. Not only would he thus avoid awkwardness of explaining why exactly did he oppose the government on social reforms, he would also be slightly better equipped to handle the Patria Affair, where he is (let us not forget) about to stand trial for aiding and abetting in corruption.

Wisdom and historical precedents dictate, that Janša skips the opportunity to take over the government, especially after the fiasco in 2000, when shortly before elections when Janša masterminded toppling of the government of Janez Drnovšek and a right-wing government was formed with Andrej Bajuk, only to lose spectacularely in elections six months later. But Janša is not known for learning from his political mistakes, so this will be fun to watch.

Slightly OT: Regardless of the way Janša becomes PM yet again, it would be oodles of fun watching how an indicted person gets elected to a top political office. Only in Slovenia, people! 🙂

Defending status quo long after quo had lost its status

PM Pahor is not keen on stepping down of his own accord, as this would imply that a) he had run out of options and b) he admits to making bad calls in the past. The same goes for his party, which found itself between a rock and a hard place: it has an utterly unpopular leader and no one of note to replace him. But sitting this one out is not an option, so sooner rather than later things will begin moving in that department as well. They might be tempted to try and wait until the referendum on pension reform. But that’s a good two months away and a lot can happen between now and then so that is probably the worst course of action they can take at this moment. As things stand, status quo can simply not be defended.

And this is a lesson which Karl Erjavec will apparently learn the hard way. He quit the coalition over pension reform. Again, there is plenty of historical precedent on quitting a coalition and history teaches that every (and I mean every) party which went down that road was later punished for it on election night. Slovenes simply don’t like rats. Period.

How will it play out?

In the final analysis it turns out that – as is often the case in politics – black is white and white is black. Given the fact that we’re up for three more referendums between now and the summer – pension reform, black market labour and possibly access to top secret archives – there will be plenty of opportunity for the parties to take it out on one another and thus show what exactly is their position (or lack thereof) on various issues.

Early elections are an option, but a remote one. An interim government is far more likely, but who will form it remains an open question at this stage. As things stand now, pengovsky would place a wager on Janša at least attempting to form what he would probably call a national unity government. But that can change, so watch this space…

Borut Pahor Remixed

Pengovsky did his share of music parodies, most notable of them being this one. But this one by David Bizjak takes the cake so far. Slovene Twittersphere was abuzz yesterday with Borut Pahor (Barbra Streisand), which combines the recent hit by Duck Sauce with some of our dear prime minister’s better rhetorical bravuras 🙂

Enjoy!

Borut Pahor (Barbra Streisand) by davidbizjak

Slovenes Reject Menial Work, Pollsters Miss By A Mile

In what appears to be an overwhelming defeat for the government of Borut Pahor, Slovenians today rejected the law on menial work by an 80/20 vote against. The turnout percentage was in the very low thirties, which makes it one of the more attended referendums in recent history (save the Arbitration Agreement referendum). That is in itself a sad fact, but there you go.

Lost. Ministers Katarina Kresal, Aleš Zalar, Ivan Svetlik and PM Borut Pahor (source: RTVSLO)

Politically, this is a slap-in-the-face for PM Pahor and his government that will hurt more than they will be willing to admit. True, the upcoming referendum on the pension reform is much more important and – if rejected – could even cause the government to step down. However, the law on menial work was a key part of labour market reform which will now still see plenty of tax evasion and companies which exploit students full time without guaranteeing them any social security whatsoever.

PM Pahor and labour minister Ivan Svetlik played down the result saying that people apparently are not yet aware of importance of reforms. On the other hands, there are calls for the PM to step down (even over at the wonderful Drugi dom blog, which generally gravitates to the left). Predictably the opposition, spearheaded by SDS of Janez Janša are interpreting the result as a no-confidence vote for the government, even though this time around the opposition just tagged along in what pengovsky still maintains was an unholy alliance of special interest. Anyways, there’s no reason for the government to resign. Elections are a year and a half away and even if the government resigned today, elections could not be held sooner than in autumn this year, not to mention that we’d probably have to go through a period of extended political crisis, since the MPs are about as likely to recall the parliament as they are likely to, say, ratify Slovenia becoming part of Croatia. Point being, that resignation of the government would most likely cause more problems than it would solve. Especially, since the other guys are not even close to being ready to take over. In fact, despite their vocal calls for Pahor to back his bags, the current situation suits them just fine, because they have yet to substantiate their claims of 50+ result in 2012 elections.

This is also yet another defeat for pollsters. Public opinion polls did in fact forecast victory for the no-vote, but no single poll detected a 80/20 distribution. Not one. Sure, it was a beautiful day today and with low turnout the margin of error increases substantially, but how the fuck don’t you detect an electoral freight-train coming in your direction? But perhaps I’m wrong, perhaps they did detect it but no-one published it, since the law forbade it. Days ago, the Constitutional Court ruled that this particular provision is unconstitutional and in the future we can look forward to last-minute polls on Friday nights :).

The way things stand now, people with ideas don’t have the authority, and people with authority don’t have the ideas. Expect turbulence ahead. We’re in for a bumpy ride…

Fear and Loathing of Menial Work

This Sunday Slovenia votes on referendum on menial work, courtesy of student organisations backed by the unions. The law, which is primarily aimed at reforming student work in Slovenia had seen some well organised and stiff opposition both from the student organisations and the unions, who were joined by the right-wing parties of the opposition, thus creating an unholy alliance of special interests aimed at shooting down whatever reform attempts this government undertakes. After the law on menial work we’re up for a referendum on pension reform and as of yesterday Janez Janša‘s SDS and Zmago Jelinčič‘s SNS teamed up on the law against black market labour.

Last year’s violence makes any argument against menial work null and void

But we’ll deal with those in due course. Today we’re three days away from a vote where campaign brought us a shitload of misinformation, fear-mongering and outright lying on the part of those who oppose it and (it needs to be said) a somewhat lacklustre campaign on the part of the government. In case you haven’t done so yet, it is high time for you to pop over to drfilomena’s who put together an awesome post on the issue (Slovene only) and you can see why, despite certain drawbacks, we’d all be better off if the law were indeed enacted.

Going biblical on their asses

Having said that, pengovsky has a couple of axes to grind. First and foremost: if all were good and fair in this world, after what happened on 19 May last year when the anti-menial-work demo went bad, student organisations and everybody who assisted them in that sordid enterprise (unions included) would be hiding under a rock somewhere.

As far as I’m concerned, anyone who indulges in senseless violence and destruction has no legitimacy whatsoever to be a part of the public debate. I honestly don’t give a pair of fetid dingo’s kidneys if last year’s demonstration just got out of control or whether the three-hour-long rampage was premeditated and planned. Organisers and supporters of that particular rally failed to assume responsibility for the mayhem with people in charge actually fleeing the scene. Without a sincere apology and financial and/or legal consequences, any and all arguments against menial work are null and void. If those who oppose the law cannot face the consequences of their actions, they are in no position to judge actions of others.

But since going biblical on their assess is of little use save venting off some extra steam, let’s look at the reasons for this unholy alliance forming in the first place.

Special interests

As things stand now, student work is in fact unfair competition to regular labour market. Being a student entitles you to work within a very broad framework virtually without limit either in labour hours or monies earned (at some point you get taxed, but the ceiling is set so high no one really worries about that). On the other hand however, student work spiralled out of control and is becoming mainstream, not the “alternative” labour market. Given the near infinite supply of students workforce (which is performing even the most complex and responsible tasks), there is precious little incentive for employers to take on people full-time. Thus students find themselves in a viscous circle where they are actually forced to keep studying (at least formally) for as long as possible, since losing student status also means losing your job and only gets you a one-way ticket to the dole office.

And this is precisely the reason why labour unions are against the new law. Menial work disbands the student-only labour market and brings in pensioners and the unemployed, endangering the status quo that exists in the job market. Not that things are rosy in that department at all, but rather than being proactive, Slovene labour unions chose to defend the current (unsustainable) situation at all costs. And that includes the pension reform. Their goals are short term and so are their actions.

Student organisations, who in theory should have a vested interest in students finding jobs as soon as possible have instead become used to the substantial income from commissions on student work. They take a ten-percent cut out of all earnings students make under the current system. How that money is spent, no one knows, because there is no oversight, neither internal nor external. In fact Student organisation of Slovenia (the student umbrella institution) has so much autonomy that it can rightly be called a state-within-a-state. Obviously, they are keen on keeping the status quo as well.

And the opposition… Well, they follow a brutally simple logic: whatever is bad for this government is good for them, future of the country be damned.

The honest ones

Just about the only honest criticism of the new law goes long the lines that the new law fails to address problems of the existing system and will still enable abuse by some, forcing others to pay for those excesses. This post by Zloba (also in Slovenian) also writes to that effect. Personally, I think this is a flawed logic. Not just because the new law provides for a centralised database of who’s working where and for how long, but also because it imposes (in my opinion) effective limits both on duration and amount of menial labour an employer can engage. Anything above the limit and the employer in question will have to find other alternatives to get the job done, not just rely on cheap student workforce whose social and health insurance is paid for by the taxpayers.

Namely, under the new law people the time on menial work would count towards people’s retirement age and provide them with social and health insurance as well as additional stipend funds, all of which would be taxed off their income. Given the fact that it will no longer be a student-only labour market, this automatically means more funds for those particular ends.

What if…

However, there’s an alternative: if the law on menial work is rejected on Sunday, the government might just as well abolish the student labour market, forcing students to either make it on their allowances and/or stipends or compete in the real job market, working on contracts or as private entrepreneurs with full benefits and taxations thereof. The current situation is unbearable and is in fact working against students’ interests.

Politically, there is a lot riding on this. The few polls that were made on the issue suggest, that the law will be rejected on Sunday. Should this really happen, it will be a substantial blow to the already beleaguered government of Borut Pahor which again got only about 20 % approval rating. The possible rejection of the menial work will not bring down the government, but it will be a bad omen for the upcoming and way more important referendum on pension reform. Should that particular piece of legislation also be rejected, then Slovenia will really find itself in deep shit. In that case pengovsky would not be surprised to see PM Pahor tender his resignation.