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1.
Constitutional backsliding in Slovenia?
Matej Avbelj, 2021, izvirni znanstveni članek

Opis: Executive Summary • Despite many achievements since independence across social, political, economic and constitutional domains, which are unobjectionable, equally many constitutional and political objectives still need to be met. • Slovenia is unique with its specific model of state-owned capitalism, monopolized by the postcommunist left, that has resulted in the absence of economic pluralism, which consequently stands in the way of all other forms of social pluralism, including the existence of a vibrant pluralist civil society and professional pluralist media. • The relatively small size of the country and the increasing weakness of the state’s formal institutional infrastructure (especially regarding the judiciary) and the growing passivity of the electorate, have enabled strong factional groups to create a parallel infrastructure of decisionmaking, which uses the formal institutions of the state as an instrument for their on-going economic self-enrichment and further entrenchment of their de facto political power. • The dynamics of politics in Slovenia is thus opposite to that in the currently backsliding CEE countries. Rather than seeking a profound change in the society, the political agenda of the contemporary ‘Slovenian new class’ (i.e. the informal power structure undergirding the postcommunist left) is the preservation of the status quo by all means. Whenever this status quo is at least potentially challenged, bitter political and social conflicts, as at present, erupt. • Under the radar of international attention, the specific Slovenian transition has resulted in an institutionally undernourished rule of law system and democratic governance, marked by an implosion of the political space, incessant populism and growing political radicalization in favour of illiberal democracy. The latter has traditionally existed on the (far-)left, but more recently its support started to build also on the former centre-right, which began to voice public support for the actually backsliding CEE countries. • The course of the development of the Slovenian constitutional democracy three decades after the country’s declaration of independence therefore remains uncertain as never before.
Ključne besede: Slovenia, independence, constitutional objectives
Objavljeno v ReVIS: 18.06.2025; Ogledov: 98; Prenosov: 1
.pdf Celotno besedilo (711,08 KB)

2.
How long is the long shadow of the authoritarian past : the case of Slovenian judiciary
Jan Zobec, 2024, izvirni znanstveni članek

Opis: 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.
Ključne besede: judicial independence, judicial selfgovernment, corporatism, judicial habitus, powers of court presidents
Objavljeno v ReVIS: 24.03.2025; Ogledov: 320; Prenosov: 4
.pdf Celotno besedilo (373,61 KB)

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