The Constitutional Court suspended the implementation of the Investment in the Slovenian Armed Forces Act

The Constitutional Court also officially confirmed that it had suspended the implementation of the Act on the Provision of Funds for Investments in the Slovenian Armed Forces from this year to 2026 until a final decision on constitutional compliance. It also decided to consider the matter as an absolute priority.

Bobo

The photo is symbolic.

Temporary suspension of the implementation of the Slovenian Army (SAF) Investment Act would be disproportionate, as it would temporarily suspend activities for the purchase of key defense capabilities, the Ministry of Defense said, adding that the Constitutional Court had decided to suspend it.

In the reasoning of the decision to suspend the execution of the law, the Constitutional Court stated, among other things, that it estimates that the execution of the law, if it turns out to be unconstitutional, would have more serious harmful consequences than if a constitutionally compliant law did not would enforce.

They pointed out that funds for investments in the Slovenian Armed Forces for this year and next have already been provided in the budget in one way or another, and the investments planned for these two years will be able to be implemented. The suspension therefore only temporarily terminates the legal basis that would allow the Ministry of Defense to conclude those contracts that represent commitments for a period exceeding the period of the adopted state budgets.

The Constitutional Court adopted a resolution by six votes to three. The judge voted against Dunja Jadek Pensa and the judge Klemen Jaklič in Marco Shorley. Judge Jaklič gave a dissenting opinion.

Constitutional review

The National Assembly passed the law on the provision of funds for investments in the Slovenian Armed Forces until 2026, which envisages a total of EUR 780 million in military investments in the mentioned period, in the second half of November. Most of the funds will go to form a middle battalion battle group with the purchase of armored vehicles.

After the adoption of the law, the Left and the SD also submitted more than 28,000 signatures to start the procedures for calling a subsequent legislative referendum, but the coalition majority only a day later confirmed the decision on the inadmissibility of the referendum. The opposition therefore appealed to the Constitutional Court with a request to review the constitutionality of the said resolution.

Levice Coordinator Luka Mesec he later filed a request for a review of the constitutionality of the law itself. At the same time, he proposed to the Constitutional Court to suspend the implementation of the law until the final decision. He estimated that the concluded contracts with which the Ministry of Defense assumes obligations for the entire period of validity of the law could, in the event of the rejection of the said law in a referendum, represent a severe financial burden for the state, which would have difficult consequences. He proposed absolute priority treatment.

The government did not agree with Mesca’s proposal and proposed to the Constitutional Court to assess the request for a review of constitutionality as unfounded, and to reject the proposal to suspend the implementation of the law.

They welcome the alleged decision

The Left welcomes information about the decision of the Constitutional Court. In today’s statement to the journalists in the National Assembly, Mesec reminded that in this case, until the final decision of the Constitutional Court in this case, the Minister of Defense Matej Tonin “he will not be able to buy the arms for 780 million euros he would like with this law, nor to conclude contracts.” At the same time, the Left notes that this confirms their warnings that “the ban on the referendum on the 780 million purchase of weapons was one of the most undemocratic acts in the history of Slovenia”. “No government can simply decide to take away the people’s constitutionally guaranteed right to a referendum because it notices in public opinion movements that 75 percent of the public opposes a law,” said the Moon.

According to him, the decision of the Constitutional Court is read primarily as a serious reprimand “non – democrats in government with Janez Janša at the helm, which, unfortunately, is also imitated here by Minister Tonin “. The Left hopes that the Constitutional Court will complete the proceedings as soon as possible.

“However, we have a very strong case, which we have supported very well, that this law should either be repealed or a referendum on it should be allowed due to procedural errors,” stressed the Moon. However, he has not yet read the decision of the Constitutional Court and does not know whether it refers only to the implementation of the law, or also to the decision of the National Assembly on the inadmissibility of a referendum on the law. Thus, the alleged decision does not change anything about the referendum for now.

They have not yet been officially informed of such a decision by the Constitutional Court.


Source: Svet24.si by novice.svet24.si.

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