Karl Erjavec | SLEEPING WITH PENGOVSKY

Janković Fails In A Cliffhanger PM Bid

We were in for a cliffhanger. Today the parliament voted on Zoran Janković‘s bid for the post of Prime Minister with the outcome being far from predictable. Janković needed 46 votes but after Gregor Virant’s Citizen List gave him the finger on Monday evening, the winner of December 4 elections only has a 44-vote coalition.

Janković minutes before the fateful vote (photo: RTVSLO)

Janković’s coalition forming attempts got off to a rocky start. PM-presumptive got himself into a cock-fight with outgoing PM Borut Pahor early on, while Gregor Virant accused him of not so much negotiating but rather dictating terms. It all culminated in a clusterfuck at the end of which Gregor Virant saw himself get elected to the post of President of the Parliament, courtesy of an ad-hoc coalition between DLGV, DeSUS,NSi, SLS and SDS. Seemingly having learned his lesson, Jay-Z re-initiated negotiations and was all praised for the “new and much more constructive approach”. And indeed it looked as if the coalition deal will be cut like a butter with hot knife, with PS, SD. DeSUS and DLGV initialling the agreement during the weekend.

Playing both ends against the middle

But the ink on the paper didn’t even dry properly, when Virant was already in a huddle with Janez Janša, Radovan Žerjav and Ljudmila Novak, hammering out their version of a coalition agreement and apparently agreeing to that as well. Virant said that his party’s executive council will take the final decision on Monday evening, when they decided – without a vote against – not to go with Janković. However, careful observers immediately noted that Virant did not explicitly say that he’ll go into cahoots with Janša.

Virant’s chief negotiator Janez Šušteršič gave the flimsiest of excuses for the move for bailing out on a deal with Janković, saying that the PM-hopeful was not serious about it and would agree to just about anything to make the deal. He also said that DLGV and PS did not see eye to eye on some key points. In this he of course contradicted himself, showing that these were more excuses than real reasons. Also, Virant’s epic flip-flop from “he’s dictating terms, thus no deal” to “he’ll agree to anything, thus no deal” did not go unnoticed. It looked as if Virant was playing both ends against the middle and trying to end up on top, just as he did during the vote for the president of the parliament. This would mean Janković got screwed over yet again, this time due to no fault of his own (unlike the first time around).

Digging a new political low

As a result, Janković was left two votes short of an absolute majority, but claimed all along to have secured enough votes. This prompted a frantic search for supposed rats on the right side, with a couple of possibles coming from Virant’s own party. The political right went into emergency mode and announced that they will not even be collecting the ballots, much less casting their votes. With this they hoped to smoke out any possible converts (and en passant dug a new low in Slovene political culture). For a while it looked as if the two minority MPs might chip in their two votes, but they went on the record saying they stand by their previous statements that they will not be casting the decisive votes and will support a candidate who will secure 46 votes without them.

In the end, there weren’t any converts. Janković got only 42 votes, four short of the necessary absolute majority and two less than his coalition could nominally muster, which only adds insult to injury. It remains to be seen whether or not Janković will repeat the bid for PM, but since the right wing parties moved fast and already invited DeSUS and SD to enter coalition negotiations, odds are that Janša will have a go. But just as Janković could count on only 44 votes (give or take), Janša has no more to begin with and needs at least DeSUS to form a majority.

Will Janša step in?

And this is where things get blurry. Namely, it is entirely possible that the two votes Janković fell short of, were that of DeSUS’ very own Karl Erjavec and Franc Jurša. This is pure speculation and conjecture on my part, but word on the street has it that Jurša is somewhat more right-wing oriented than the rest of the pensioners’ gang, while Erjavec was apparently manhandled by the party’s executive council into supporting Janković. And since it was a secret balot, no one can actually say for certain who cast the single no vote and which four MPs abstained. On the other hand, it could still happen that – just as he did Janković – Virant doublecrosses Janša as well. I agree that is not likely to happen, but it is an entertaining to think that DLGV would actually play to come out on top, screwing both Janković and Janša out of their PM bids. Some say that this is the so-called “American plan”, where the US would like to see neither Janković nor Janša at the helm, but rather “the third man”, which Virant often hinted could be his chief-negotiator Janez Šušteršič. Again, not that this is a likely scenario.

What happens next? The president of the republic will re-open consultation with parliamentary groups to see if there is a new or at least a different consensus regarding a candidate for the PM. Türk did not rule out the possibility of re-nominating Janković, but that was before SDS officially invited DeSUS and SD for coalition talks. One thing the president did make clear, however, is that he will be making a nomination. This of course means that he could end up nominating the man who used forged documents, trying to implicate President Türk in the Velikovec Affair. But democracy is a cruel mistress and she has a sick sense of humour. On the other hand, even if Janša gets nominated, the outcome is far from certain. Not only does he not yet have the necessary votes, with him being the one who has to broker a deal, the relationships between potential partners will change rapidly. Erjavec will have to do some master salesmanship within his own party to ally DeSUS in the right wing coalition yet again, while SD membership will most probably mount a bloody revolt if Pahor as much thinks about jumping on that particular bandwagon.

Thus, what we saw today was not a forming of a right wing coalition, but rather an orchestrated attempt to prevent Zoran Janković from becoming prime minister, with little afterthought for consequences. It was, in fact, old boys preventing the new kid on the block from getting where the relative majority of the people wanted him. Theoretically, this can even end in yet another snap elections, but in all likelihood it will not come to that. With the new guy out of the picture, the established political players can now return to their business as usual and stop worrying about competition. This includes Virant, who is a) on the scene for more than a decade and b) is – as of today – a political corpse. He just doesn’t know it yet.

On the other hand, Zoran Janković could very well again run for Ljubljana mayor.

Slovenian Elections: The Janković Upset

In what was described as a shock win by the Beeb, Ljubljana mayor Zoran Janković won yesteday’s early elections in Slovenia. His fledling party Positive Slovenia won 28.5 percent of the vote, narrowly beating Janez Janša and his SDS, which won 26.3 pecent. The turnout was around 65 percent.

The presumptive PM (photo by yours truly)

The upset was only hinted at on the last day of the campaign by the very last result of a tracking poll conducted by Mladina weekly, which did in fact note a slight downward trend for SDS. Every other poll missed by a mile. It wasn’t that Janković’s support surged all that much, but rather that Janša bled just enough votes to push Janković over the top. As it seems that the last few days were crucial, it can be said with a degree of certainty that Janša hurt himself too much by a) fumbling the question of his real estate, b) avoiding the last debate on state television and c) acting as if the election result is a foregone conclusion.

a) Documents

Janša couldn’t help himself. In what was essentially “game over” for Janković, he went on the offensive and pressed Janković (and by extention Pahor and Virant) to disclose their financial and real estate documentation. Borut Pahor and Gregor Virant obliged promptly, Janković – who was already under media pressure on this – dragged his feet, but did produce (almost) complete documentation, challenging Janša to do the same. The SDS leader – unexpectedly – came under fire himself due to somewhat misterious ways of his real estate deals and took much longer than expected to hand over his papers. And even after he did so, it turned out the package is incomplete (he published the complete documentation on his Facebook page early on the last day of the campaign).

More importantly, his party blamed a broken-down scanner for the delay in producing the papers which instantly brought about unpleasant memories of the Archivegate. Voters’ memory is indeed short, but some people seem to remember.

b) Debate avoidance

Both Janša and Pahor canceled their appearance on the last debate on RTVSLO (state television) opting to appear on cable-only Info TV instead. While Pahor’s motives are unclear, it was more than obvious that Janša did not want to face Janković for the third time in a week and in a setting, where he would have to share time with “lesser” candidates. It was a snub both to his fellow candidates as well as to the viewers, who had to settle for Patrick Vlačič (SD) and Zvonko Černač (SDS) instead. While Vlačič was his usual acceptable self, Černač perfomed poorly, being unable to go beyond buzzwords and the general SDS mantra. It was not a good conclusion to the otherwise professionally conducted SDS campaign.

c) Foregone conclusion

Pahor and Janša on Info TV was meant to generate the appearance of the outgoing and the incoming prime minister having a civil chat on the pressing issues, possibly undoing the damage Janša suffered during a mano-a-mano with Janković on the said TV station. This, however, was Janša’s crucial mistake. His demeanor throughout the campaign was one of calmness and composure. Janša was already meeting with labour unions, EU ambassadors and was receiving support from fellow right-wing party leaders throughout Europe (including ill-concieved support from the jailed Julia Timošenko of Ukraine and Victor Orban of Hungary). In the end, it might have done more harm than good, probably convicing some of those who would have otherwise voted for him to support other parties. Either because it seemed game, set and match for Janša, or because the whole thing spilled over into arrogance.

The aftermath

Janković won, Janša lost. But winners (in their own particular way) also include DeSUS (the pensioners’ party) of Karl Erjavec, who seem to be disaster-proof, regardless of the clowning demeanor of the party president and Christian Democratic Nova Slovenija of Ljudmila Novak, which scored the unprecedented success of being the first party in history of Slovenia to make it back into the parliament. There is certain logic to it, as it is against the general order of things not to have the Catholics in the parliament in a country which is nominally 57% Roman Catholic.

The same logic applies to the apparent losers of this elections, both liberal parties, LDS of Katarina Kresal and Zares of Gregor Golobič. Neither of them made it above the 4% treshold. Zares scored a disastrous 0.65 % of the vote, while LDS fared only marginally better with 1.46 %. This, however, will not stand in the long run and I fully expect the liberal/social-liberal option to make it back into the parliament. But we’ll cover that in one of the upcoming posts.

One party no-one will particularly miss are the nationalists of Zmago Jelinčič. Scoring only 1.80 % of the vote they’re down and out. We’ll see if that’s for good, though.

Also, technically Borut Pahor’s Social Democrats must be counted in the ‘losers’ column, since they’re down to 10 seats from previous 28. But given the criminally low ratings Pahor’s government was getting in its last year, the fact that the SD came in third does soften the blow quite a bit.

What happens next?

Obviously, Janković will have to go about forming a coalition government. We already noted the seat-divison for the top three parties. Citizens’ List led by Gregor Virant came in fourth with 8 seats, DeSUS gor six seats, ditto for SLS of Radovan Žerjav, while NSi of Ljudmila Novak got the minimum possible four seats. Two seats are, of course, reserved for MPs representing Italian and Hungarian minotiries.

The PM-presumtive (that be Jay-Z) said time and again that he will not form a coalition with Janez Janša no matter what (as in: he’d rather gnaw his arm off than have to work with the man who snubbed him in every way possible during his 2004-2008 rule). And even though he reportedly initiated talks with SDS as well, that can be – for the time being – regarded more of a good-will gesture than real negotiations. Which leaves Zoki with a couple of options to go by: First (and least likely) is to try to isolate Janša and invite just about everyone and his brother to form a coalition, including the NSi. But since the latter went head-to-head with the new leader of Slovenia on a couple of occasions, including but not limited to Tito Street (where the NSi won the case in the Constitutional Court), odds are NSi will sit this one out.

This leaves Janković (PS) with SD, SLS, DeSUS and Virant’s List (LGV) to choose from. Social Democrats are almost necessary as coalition partners as they bring in ten votes. Additionally, If the PM-presumptive wants to achieve at least some sort of across the isle consensus on reforms, he will have to include at least one of the pro-welfare-reform parties, either Virant’s List of the SLS (both centre-right). If he includes both of them, he already enjoys a comfortable majority of 52 votes (54 if minorities are counted in) in a 90 seat parliament. The other possibility is a Jankovic-Pahor-Virant-Erjavec coalition (again, 52 votes) or a slightly less comfortable PS-SD-DeSUS-SLS combo with 50 votes.

But given DeSUS’ anti-reform stance, the PS-SD-LGV-SLS seems most probable. This would also probably mean (in addition to Janković at the helm) Borut Pahor as foreign minister (a field where Zoki is noticeably lacking both in skills and personnel), Gregor Virant as either minister of justice or of the interior (possibly both, as there is talk of reducing the number of porfolios) and Radovan Žerjav as agriculture or transportation minister (portfolios which SLS usually wants to control).

Timetable

The State Electoral Commission will declare the final official results no later than 16 December, which means that the new parliament will convene for the first time on or around 24 December. After that the President of the Republic Danilo Türk will start consultations with parliamentary groups upon which he will make his nomination for the post of prime minister. While the consultations are a mere formality, they help to establish a clear picture of whether the PM presumptive can secure a necessary majority in the parliament.

And if all goes smoothly, Zoran Janković, a self-made-man of humble origins, born to a Slovene mother and a Serbian father in a backward village in Serbia, who moved to his maternal country at the age of 11 and continues to be mocked on account of his mixed roots to this very day, will be sworn in as the eight Prime Minister of the Republic of Slovenia.

The irony of course is not lost on Janša… If only he hadn’t had Janković removed as CEO of Mercator retail chain in 2005…

The Real Slim Shady – Slovenian Elections Edition

Ah well, it’s that time of the year, I guess 😀 After the hugely successful Primary Colours and its follow up, the Top Gun, pengovsky gives you yet another round-up of the political movers and shakers. Most of them you already know, a couple of them are new kids on the block. But at any rate, this should be at least mildly entertaining. Hope you like!

The Real Slim Shady – Slovenian Elections Editions from pengovsky on Vimeo.

Naturally, credits, where credits are due: Original videos are the work of their respective authors and/or entities including SDS, SD, LDS, Zares, Vest.si and Idea TV. Songs on the other hand you know, but still: Real Slim Shady (Eminem), U Can’t Touch This (MC Hammer), Money (Pink Floyd), Pass the Dutchie (Musical Youth), Ice Ice Baby (Vanilla Ice), Always Look On the Bright Side of Life (Monty Python), I Will Survive (Gloria Gaynor), YMCA (Village People), Last Christmas (Wham) and Mah Na Mah Na (The Muppet Show version).

And on Tuesday, back to number crunching 🙂

Slovenia Elections: Deathmatch

The campaign for December 4 parliamentary elections officially began on Friday and everyone more or less hit the ground running. Polls were again being published by the truckload and they further strengthen the notion that rarely in the history of democratic Slovenia has so much been at stake. In fact, the polls combined with some early below-the-belt punches create the notion that what we will be seeing in the next 28 days will not be just yet another election campaign, but rather a deathmatch.

Janković closes the gap a bit by virtue of losing less than Janša and Virant

Numbers

Let’s do a bit of number-crunching first: Citizens’ List of Gregor Virant and SDS of Janez Janša are interchanging at the top spot, while Pozitivna Slovenija of Zoran Janković is sticking to spot number three. DeSUS of Karl Erjavec and Social Democrats of PM Borut Pahor are hovering around the 4% threshold, while everyone else, including Zares, LDS and SNS are (still) below water, while only SLS occasionally makes ot above the surface. The irony is that no-one can really be happy with the situation. Parties of Gregor Golobič, Katarina Kresal, Radovan Žerjav, Ljudmila Novak and Zmago Jelinčič (Zares, LDS, SLS, NSi and SNS respectively) are fighting for survival and although they all proclaim they’ve no doubt about making it into the parliament, some will face the reality in a manner akin to hitting a brick wall.

Arguably, the guy who stands to lose most is Zmago Jelinčič. Leader of the nationalists used to be the resident joker, the political free-loader who won the disgruntled vote and occasionally threw in an actual policy issue or two, is in deep trouble as his voters are among the most fickle ones. They’ll vote for whomever they can relate to best, and in this respect Jelinčič is apparently losing ground to the other funny man of Slovene political arena: Karl Erjavec of DeSUS, who is no stranger to political stuntmanship, only he takes himself much more seriously. Not that moron-factor is any lower for that but still. Sure enough, Erjavec is on the brink as well, but in terms of survivability his odds are much better than Jelinčič’s.

Below the fold, however, LDS and Zares seem to be getting the short end of the stick. Both are increasingly being written of dead meat although it needs to be said that the lower the percentage, the more unreliable polls become (as Davor explained in Slovene in this comment). So it could be – and both Katarina Kresal and Gregor Golobič are counting on this – that their support is in fact much stronger than polls suggest. Only time will tell, but the downside of these polls is that they are being used as points of reference by TV stations when picking candidates and parties who get to have a seat at the debates (more on this in the coming days). Ditto for NSi and only slightly less so for SLS.

Of those who seem poised to make it, SDS and SD have the most stable result. Unless disaster strikes, Janša’s party looks poised to win at least around 18 to 20 percent, whereas Pahor’s party seems to have hit rock-bottom and will probably level out at about 8 to 10 percent. On the other hand, parties of Zoran Janković and Gregor Virant have their ratings all over the map and they need a good election result if they want to call the shots in forming the government.

Deathmatch

So, as you can see, a lot of people stand to either gain or lose quite a lot. In fact, if one is to expand the field of political impact beyond the immediate scope of election result, we see that there is not a political leader in Slovenia who doesn’t have to worry about political survival. Gergor Golobič, Katarina Kresal, Zmago Jelinčič, Ljudmila Novak and Radovan Žerjav are struggling to make it to the parliament. Karl Erjavec is close, above the fold, but always five minutes away from an in-party mutiny. Borut Pahor is trying to put on a brave face at the prospect of a disaster of epic proportions which would probably lead to his swift removal from the party helm. Janez Janša is being prosecuted in the Patria case. Gregor Virant is running on fluff and neither he nor his party would ever recover if their spell of mesmerizing media and voters was broken. And finally, Zoran Janković is risking it all by actually running for MP in a safe precinct in Ljubljana, which means that if his party doesn’t get enough votes he might end up stuck in parliament, losing his mayorship (there are slim chances of him getting out of this mess, but more on that some other time).

Average percentage scores computed from all polls

Projection

In other words, what we will be seeing for the next 20+ days will be a multi-way political death-match and – to use a quote from Top Gun – there are no points for second place. Well, there are points for anything above 4%, but you get the point. Carnage will be #epic.

N.B.: Data is compiled from different polls with different sets of questions and different samples, so it is not directly comparable from a scientific point of view. Data still available as ~~.xml~~ .xls file for download.

Slovenian Elections: Swing Time!

After the initial upset in polls, when Ljubljana mayor Zoran Janković shot to the top in public, a series of public opinion polls were conducted which seem to confirm what the initial heat around Jay-Z and Gregor Virant is dissipating and that the hubbub was more due to their overall media exposure than to a permanent shift in voters’ preference.

First, a couple of disclaimers. Although the graph looks like it represents a significant span of time, do check the dates. Delo poll aside all were published (and by extension – conducted) in a very short time span and are therefore of limited value. On the whole, however, a few trends are starting to emerge.

Swing time!

First of all, it is now clear that the main contenders in this election campaign are Positive Slovenia (PS) of Zoran Janković, Citizens’ List (DLGV) of Gregor Virant and Slovene Democratic Party of Janez Janša with the latter two getting the most of the vote at this time. In fact, the pundits are still all over the question of whether Janša/Virant split is legit or are they faking it. However, when one takes a look at the polls it becomes clear that the question is beside the point, because Virant is at the moment in a position of a king-maker. He can choose to support Janša, but given enough encouragement (i.e.: continuous attacks by the SDS) he can opt to support the left and call even more shots.

Secondly, no matter the poll, Janša’s result is more or less stable, hovering around 19 percent. This is far (and I mean far) below his declared intention to win the majority single-handedly but he still is in the top spot. On the other hand Virant’s polls are all over the place, like a cork in the water. This goes for Jay-Z as well, only slightly less so, because he is consistently scoring lower than in the initial poll. This shows that both Virant and Janković are tapping into the swing vote, which – as many a politician will tell you – is a fickle lady. And swing time is here.

Thirdly. The nominally ruling Social Democrats of PM Borut Pahor are in deep shit. With their best showing in the polls available not exceeding 11 percent they are taking a hell of a beating. Ditto for Zares of Gregor Golobič and LDS of Katarina Kresal, which are scoring painfully low, both of them hovering around 1 to 1,5 percent, way below the 4% treshold. DeSUS of Karl Erjavec and Slovene People’s Party (SLS) of Radovan Žerjav are in a slightly better position, dancing just around the 4% mark, with everyone else, Zmago Jelinčič‘s nationalists and Ljudmila Novak‘s Christian democratic Nova Slovenija well below watershed. The same goes for every other kid on the block, including the recently announced Avion party (yes, “avion” as in “airplane”) by mayor of Koper Boris Popović.

Average

Again, these polls are not directly comparable and for two reasons: they each use a different sample and different set of questions. Also, they were conducted too close to each other to give any sort of clear indication of what is going on. But as shown in the above chart and at the risk of oversimplification, the way things stand now, five parties look like they will make the cut: SDS, Citizens’ List, Positive Slovenia, Social Democrats and DeSUS.

Projection

Things can still go either way and pengovsky believes it is too soon to write anyone off, especially those established parties which score less than 4%. The logic is realitvely simple. With their network on the ground, in theory they should be able to bring out enough votes to kick them above the threshold. But they’ll have to put their backs into it. Also, other than the initial mud-slinging, we’re still lacking a definite campaign issue. This especially goes in favour of Janković and Virant, who can as a result sell themselves and their trademarks rather than specific policies.

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.

Malo Morgen

As of Monday, DeSUS (the pensioners’ party) is officially no longer a member of Slovenia’s ruling coalition. That in itself is hardly news any more. Prime Minister Borut Pahor now runs a minority government which will have to seek more or less ad-hoc coalitions on a per-vote-basis which has in essence been the case for some time now.

PM’s “Malo Morgen” moment two weeks ago (source)

With DeSUS out of the coalition it will be interesting to see how the party and especially its leader cope with a new reality of their own making. Despite Karl Erjavec‘s exuberance (we’re bigger than Coca-Cola, he once famously said), things are not all that peachy. The party which played the king-maker twice (2004 and 2008) and which has seen a surge in public opinion polls at the end of last year, dropped as much as 50% in later months and now holds only a fraction of its former public opinion support. What’s worse, the remaining two ministers from DeSUS’ quota decided to stay on in the government, flipping a bit of a bird in Erjavec’s general direction. Combined with one of the axioms of Slovene political landscape, that the voters frown upon parties which quit a ruling coalition (i.e. are not team players), it all leads to the conclusion that DeSUS’ heyday is fast approaching an abrupt end.

This of course brings us Zares, whose leader Gregor Golobič also announced he intends to quit as minister and suggested all remaining coalition leaders (taunted by the political right as the KGB – Katarina, Gregor, Borut) quit their posts and in effect either form a new government with a fresh mandate or eventually bring about early elections. Since neither ‘K’ nor ‘B’ did not warm to the idea, ‘G’ announced his resignation effective on the eve of ‘Super Referendum Sunday’. Whether or not Gregor Golobič will be alone in that enterprise of whether he will be taking the rest of Zares ministers (interestingly, all women) with him remains to be seen. Ditto on how and if this particular departure would reflect on Zares’ poll numbers. The latter at the moment suggest that despite all the shit thrown at the party and its leader (and for some of that they’ve themselves to blame) Zares would have made the 4% threshold needed to remain in the parliament. Whether or not the trend will continue after Zares quits the government (and not necesarilly the coalition itself) is the proverbial 64,000 dollar question.

Not that any of the above seems to trouble PM Borut Pahor a whole lot. Last Saturday he threw a big pow-wow with his party’s big-wigs and told them to ‘keep their eye on the chessboard since not all is lost and they still can open up a path to both the king and the queen’. The metaphor was even more elaborate than that and pengovsky is not entirely sure everybody understood the message PM was trying to convey. In fact, it looked as if the PM himself was struggling with this particular metaphor despite being known for his poetic rhetoric.

At any rate, fact of the matter is that Borut Pahor is in much deeper shit than he is willing to admit. Some weeks ago during a regular press conference he went into a mild rant on how those who would have him replaced should first come up with a viable alternative for his position. Even more, he gave some substance to rumours that not only is the political right seeking to oust him from power but that there are elements on the political left who are looking for ways to replace him while continuing with the current coalition until elections in autumn next year.

Just who is seeking to replace Pahor and – just as important – with whom is a matter of some speculation. One of the more wild version was that President Danilo Türk was considering to switch positions, but anyone who a) is remotely aware of The Prez’s ambitions and b) recognises the realities of politics in Slovenia can immediately dismiss such speculation as ludicrous. Namely, The Prez would quite possibly rather gnaw his arm off before he’d trade places with Pahor, especially in the current situation. In fact, it is safe to say that no self-respecting politician in Slovenia would serve as Pahor’s stand-in for all the farms in Cuba.

Case in point being European Commissioner for environment Janez Potočnik, who has always been a likely candidate for the top government job. He has all the necessary qualities: he ranks high in polls, being in Brussels he is removed from the Slovene political cesspool (hence high ratings) and he has an illustrious record having operationally led Slovenia joining the EU and has been appointed EU Commissioner practically immediately afterwards He also has extensive economic background being head of the government Macroeconomic office before taking up negotiations on EU accession which in minds of the many makes him just what Slovenia needs at moment. The problem is he wouldn’t touch Slovene politics with a ten-foot-pole, or as he elegantly put it in his much publicised letter, he ‘has a job to to in Brussels first and he intends to finish it’. Which translates as ‘nothing from me before 2014 when my term ends’ by which time it is understood that Slovenia will either have made it out of this crisis or it will have gone down the drain already. In either case the current touch-and-go nervous situation will be long gone.

The other “eternal candidate” is President of the Court of Audit Igor Šoltes who is always speculated to be waiting in the wings. He to is a man of some ambition, but other than the fact that he is a nephew of a socialist icon/strongman Edvard Kardelj little was ever said why he should or should not become the prime minister. Indeed, whenever these rumours became too persistent he found occasion to deny them and is clearly not a contender. Not now, not in the near future.

The above leads to the conclusion that – if the rumours of a left-wing anti-Pahor plot are true – some people need to have their heads checked. Perhaps somewhat surprisingly the most likely candidates for such an examination come from the ranks of Pahor’s very own Social Democrats. Pengovsky understands that some relatively powerful people within the party believe that the latter would be better off with someone else in charge, that – in short – PM Pahor became a liability rather than an asset.

This line of thinking is nothing short of stupid short-sightedness. True, Social Democrats’ ratings have slumped tremendously, but if the party gets rid of Borut Pahor this late in the game it will go from really bad to disastrous. There is no one, and I mean no one within the party with enough credibility within the party to replace the PM. Some party heavyweights might think that they can protect their positions and regain clout if they install someone more likeable and cooperative as PM, but fact of the matter is that at the moment the SD needs Pahor more than he needs the SD. The PM could easily quit. In fact, pengovsky believes that he should quit his post ASAP if he wants to stay on top of the game. That he doesn’t do that can be put down to – depending on your point of view- determination, going for broke, vanity or naivetë, or a combination of all four. At any rate he made it clear that he intends to stay on, when he said that he will be replaced “malo morgen”

For the uninitiated, “malo morgen” is Serbian phrase meaning “when pigs fly”. It was widely used in the crisis leading up to the break-up of Yugoslavia, when compromise became increasingly impossible. Using “malo morgen” usually put an end to whatever debate there was, denoting that the person who used it will can simply not be persuaded to change his or her position. Thus, with PM using “malo morgen” he basically told that he will be carried out of the office legs first (politically speaking) before he quits the post of his own accord.

So, we’re back to square one. Borut Pahor now leads a minority government which technically has only 42 out of 46 needed votes. Theoretically the government can muster 46 votes needed to pass legislation by means of enlisting two out of three independent MPs and both minority MPs, but in this constelation things can get really ugly really fast, especially since one can not count on Karl Erjavec and DeSUS to support the government. They didn’t do it while they were coalition members so there’s no reason for them to start now. Given that Erjavec quite probably coordinated the timing of DeSUS bailing out of the government with opposition leader Janez Janša, PM Pahor can not really put faith in the rogue party’s promises of being “a constructive opposition”.

Pahor’s options are increasingly limited and they will be even more if and when Zares exists the government. While pengovsky does not expect them to defect over to “the dark side”, they will be one more loose piece of the puzzle the PM will have to take into consideration which is why it is entirely possible that Pahor will seek a confidence vote after the super-referendum Sunday of June 5.

Namely, public opinion polls suggest that the government will lose all three votes on June 5: on pension reform, balck market labour and access to archives. Top priority is of course the pension reform. Should this fail, the government already drafted a law on emergency measures with which it intends to cut public sector wages, pensions and welfare money in order to keep the state finances within manageable limits. Word on the street has it that PM Pahor will tie a confidence vote to passing of this measure, meaning that rejection of the law automatically means a no-confidence vote against the government which then assumes a care-taker role until a new government is elected.

Should, however, the parliament approve the law (which is by no means a given) then in a normal world this would mean renewed mandate for Pahor’s government to continue with current policies. But this being Slovenia and all, it is highly likely that the parliament – opposition included – will support the law, if only to prevent early elections and continue with an unpopular government in power to increase the opposition’s chances of winning 2012 elections.

In the coming days pengovsky will outline several possible scenarios for the benefit of the reading public as well as give you the low-down on all three referendums, so stay tuned 🙂