National Elections 2011

SDS for a Fair Legal State

22.11.2011

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If we do not consider the people of our community as fair people, then we do not consider it as our home or even as our homeland.

In Celje an open forum titled "Fair State" was held. SDS President Janez Janša, in his introduction, said that SDS ranks justice as its primary goal. He recalled 20 years before, when an independent Slovenia was created and when the word ‘justice’ was not so widely used. Then, justice was talked about as something within the legal state, which could be a solution to the abuse of the judiciary and that a repressive system should was no longer viable. The state in a legal form should allow for legislation which is equal to all and which is also universally respected. "In some way, we then dragged an ‘equal’ sign between legality and an equitable country," said Janša. However, today he concludes that his has not transpired, "we have a legal state, in the sense that we have laws which should apply to all equally, we have a constitution and the institutions that should work, but that so called legal state is not working fairly."

The movement in thinking, that this is actually a fair state what we have, was in his opinion, an example of Baricevic. As Janša said, the rights of a dog and his owner in this case have been protected in one instance, and at the same time the victim is already waited five years for compensation. Janša criticized the state further "this is the most drastic example that proves that we do not have a fair state." He drew statistics from a survey conducted by the Faculty of Social Sciences, which showed that 56% of the population does not trust the judiciary.

He sees a major problem - a backlog of nearly 400,000 means that almost one out of four voters is still waiting longer than normal. But it emphasizes that the situation is even more acute in the case of disputes regarding the economy. Entrepreneurs figure that the biggest problem is a reluctance to pay and that the money cannot be recovered. As he said, from 12,000 failed businesses and unemployed craftsman, half of them collapsed not because of a shortage of work, but because they have not received payment. After that Slovenia was ranked 175 among 183 countries.

" If we do not consider the people of our community as fair people, then we do not consider it as our home or even as our homeland.," said Janša, which emphasizes that criteria must be equal for all, the good must be rewarded, the bad should be punished.

Former President of the Constitutional Court and the Minister of Justice Dr. Lovro Sturm said, "It's hard to imagine the role of law, if it is not combined with justice. Fairness is the goal and purpose of any legal action and ensures the existence of the community. It's hard to imagine that Slovenia could exist without a guarantee of fairness and equality for all its citizens, delivered simultaneously both nationally and across its regions. Regardless of where someone lives, they must have the same opportunities. "He thinks there are enough reasonable Slovenes who want the fundamental good that is justice to take its place in the society to which it belongs." Only when we come to a fair country, every will man come up to their true value," says Dr. Sturm. A fairness of the state enables the development of individuals and fair pay. This will, in his opinion, constitute a solid basis for social wellfare.

Both a member and President of the Committee on Domestic Policy, Public Administration and Justice National Assembly, Dr. Vinko Gorenak notes that the key question is what policy is able to have an effect on the judiciary. It stands on the belief that the judiciary must be independent of decision making. A permanent mandate is, in his opinion, not a guarantor of a fair state. Questions of timely decisions, limitation, control over judges, the achievement of relevant results, absolute immunity, and management of the courts are not the relevant to an independent judiciary. It points out that Slovenia has a bigger number of judges per number of inhabitants in Europe, yet we have the largest backlog of cases. He adds that the German courts derive around 700 procedures a year to the judge, in Slovenia the number is 220. It points out that changes in Slovenia are necessary, but without the constitutional majority this change cannot be implemented.

Bostjan Kolaric, from the Study Centre for National Reconciliation, established the theory that justice is above the law as justice justifies the creation, existence and dissolution of legal rules. All legal norms should be appropriate to follow justice and cannot be constrained. He tried to answer the question of how to proceed when the law or statutory law norm does not follow the norm of justice. "It recognizes an unfair law, or unfair recourse of state authorities, but like everywhere depended on the brave people of upright posture," he concluded his speech.

Member of Parliament Eva Irgl first gave her thanks to all present individuals who were willing to talk about the injustices that have been committed to them "one of the main points of our program 10 +100 is to fight against economic crime and the confiscation of property to all those who have been affected,". On the other hand, she stressed that the key objective is fair state, in which everything begins and everything ends: "The state must provide equal starting opportunities to all people."

She highlighted the problem that many people do not trust institutions of the law and state and therefore the first step must be to recover that trust. Distrust has deepened people’s unresponsiveness towards jurisdictional institutions. They often do not respond and cannot even help people in need. From her point of view, one of the most topical issues in this country is that, in spite of all the work performed, workers are not paid and are being exploited. At the same time, economic crime does not obtain the epilogue at the court. "The biggest problem is inefficiency in dealing with economic crime and political interference.” She has drawn these conclusions from the experts and expressed the belief that this is necessary to implement change.

Lawyer Francis Matoz at the beginning gave an example of a fair appeal; this agrees that the trial has to be open to the public: "The public is an important corrective to a fair trial." In his opinion the trial will be fair when the court will decide quickly and efficiently. This will require some changes and he is confident that SDS will be able to introduce them, "the SDS has program and they are able to do so."

In the following we have listened to many examples of citizens who were victims of having two legal states. This is only confirmed to present people in the belief that it is necessary to make further efforts to establish justice in our society.