Court Bans Holding, Bad Bank Referendum

Politics,  19 Dec 2012  / By STA

The Constitutional Court has found that a referendum on the legislation setting up a bad bank and a sovereign holding would be unconstitutional, thus in effect banning a popular vote on the matter.

The court agreed with the opinion of the petitioner, the coalition majority in parliament, that a referendum and in particular non-implementation of the laws would lead to unconstitutional consequences (Photo: BoBo)
The court agreed with the opinion of the petitioner, the coalition majority in parliament, that a referendum and in particular non-implementation of the laws would lead to unconstitutional consequences (Photo: BoBo)

A smooth functioning of the state takes precedence over the right to demand a legislative referendum, the court established in the ruling released on Wednesday. The decision was adopted by eight votes to one.

The court agreed with the opinion of the petitioner, the coalition majority in parliament, that a referendum and in particular non-implementation of the laws would lead to unconstitutional consequences.

A referendum and in particular rejection of the laws would leave constitutional values unprotected to the extent jeopardising the balance between various constitutional values.

The values that in the circumstances of a grave economic crisis take precedence over the right to demand a referendum are: an efficient implementation of state functions, realisation of human rights, respecting the state's commitments under international law and ensuring the efficiency of EU law on Slovenia's territory.

If the state fails to adopt urgent measures to ensure fiscal stability of its functioning in the circumstances of the given economic crisis, the above values are threatened, the court said.

The only dissenting opinion came from judge Etelka Korpič-Horvat, who stated that the Constitutional Court failed to examine whether the two laws were in accordance with the Constitution and that by allowing the possibly unconstitutional legislation the court contributed to an unconstitutional situation.

A referendum on the law introducing measures to boost stability of the banking system, including a bad bank, was requested by the KNG union of chemical industry out of fears for what would happen with companies in bank portfolios, while the referendum on the holding to manage all state assets was requested by the opposition Positive Slovenia.
 

Tags: Slovenia, Politics, refrendum, Constitutional court, ban, legislation, bad bank, Sovereign Holding, unconstitutional, precedence, KNF Union, Positive Slovenia, blockade, reforms, crisis, austerity, credit crunch, government, PM, Janez Janša


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Julian, 20.12.2012 ob 01:02

From The National Poet Of Slovenia In A Language People Understand


VIR PRUDENS NON CONTRA VENTUM MINGIT - SED IRONSIDE HABEBAT MINGING SACCULO

Oi! Take that sex doll effigy down!
The riot police are nearby,
Ni smo gotof as you can see
There's one good reason why;
You've had a jolly good old shout,
And tasted LJ Law; —
The Constitution of Slovenia
Sweeps, like oil slick, ashore.

The banks, owed loads of euros, thud
At economic low,
They want some worrying totally dud
Debts put in room below.
"No, don't! That's just a cop-out" said
Some in economy; —
No-one knows yet whose private debt
Will be paid publicly.

No matter that you scuttled bulk
Opinion with your brave
Bland undefined generalities
In insular enclave;
Would BBVA hold Zvon's bag?
By whom's construction bailed?
By Constitutional deforms
Who'll whale? Who'll be impaled?


The USS Constitution is copyright United Slaves of Slovenia. All rights reserved. Just kidding! The USS Constitution is in fact the oldest ship in the US navy. Cannonballs seemed to just bounce off its thick, wooden sides.

In 1812 the appropriately named Captain Hull surprised World-Of-Sea-Warfare fans by officially proving the Americans were better than the British at towing ships forward using anchors dropped ahead by a rowing boat. And, okay - at blowing up the English ship. The Guerriere, a fifth-rate ship previously captured from the French, looked stylish but fell to pieces at the critical moment.

Not only did poor Captain Dacres get all shot up in the Guerriere, but had to give the Yankee skipper his hat. When the two met, before the war, Dacres had bet his hat that he would whip the Constitution.

http://is.gd/Uw4TRw

The National Poet Of Slovenia In A Language People Understand interprets important Slovenian affairs for the non-Slovene speaking world. www.maria.si



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