| Title: | How long is the long shadow of the authoritarian past : the case of Slovenian judiciary |
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| Authors: | ID Zobec, Jan (Author) |
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| Files: |  02102_Jan_Zobec.pdf (373,61 KB)
MD5: A09CFAEB1F2BC5A9F382D7C7C7DA27CD
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| Language: | English |
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| Work type: | Unknown |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | FDŠ - Nova Univerza - The Graduate School of Government and European Studies
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| Abstract: | The state of the Slovene judiciary, eighteen years after joining the EU and over thirty years after the fall of communism and Slovenia’s independence, is still in transition. The Slovenian judiciary could serve as a textbook example of an institutionally independent judiciary composed of dependent individual judges within their branch, led by a handful of independent and unaccountable judicial oligarchs. I will illustrate the Slovenian judicial story through seven anecdotes, forming an arch from the old communist regime to the current state of the Slovenian judiciary.These anecdotes will highlight some of the most significant features of the Slovenian judiciary, collectively pointing to serious deficiencies contributing to a widespread rule of law crisis. While these may seem like a list of isolated facts or ‘selected issues,’ they are not only interconnected but also share a common origin. I believe this origin lies in the legacy of the past and the lack of relevant professional (and policy) will within the judicial elites and oligarchies that control the judiciary to implement necessary changes, not only in the judicial system but, more importantly, in the mindset of the judiciary. First, I will provide a brief overview of the state and condition of the Slovenian judiciary at the time of the collapse of the Yugoslav communist regime. Then I will continue with anecdotes that describe the characteristic traits of the judicial mentality and expose some of the most critical moments in the history of the Slovenian judiciary. Following that, I will evaluate the messages conveyed by these anecdotes, emphasizing the existence of a vicious circle that perpetuates these narratives. The presentation will then unveil the lessons that can be gleaned from the Slovenian experience and attempt to identify the main reasons for these flaws. Instead of presenting final conclusions, this discussion will propose some rudimentary and tentative solutions to address the disheartening situation. |
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| Keywords: | judicial independence, judicial selfgovernment, corporatism, judicial habitus, powers of court presidents |
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| Publication date: | 01.01.2024 |
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| Year of publishing: | 2024 |
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| Number of pages: | str. |
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| Numbering: | [Št.] 102 |
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| PID: | 20.500.12556/ReVIS-11538  |
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| COBISS.SI-ID: | 227737347 |
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| UDC: | 34(497.4) |
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| ISSN on article: | 1408-9653 |
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| Publication date in ReVIS: | 24.03.2025 |
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| Views: | 316 |
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| Downloads: | 4 |
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| Metadata: |    |
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