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Government on the motion to disqualify Constitutional Court judge from ruling

At today's correspondence meeting, the Government adopted a motion to disqualify Constitutional Court judge Dr Dr Klemen Jaklič from ruling on the case of reviewing the constitutionality of the Radiotelevizija Slovenija Act, and at the same time sent the motion to the Constitutional Court of the Republic of Slovenia.

In the proceedings to review the constitutionality of the Radiotelevizija Slovenija Act (ZRTVS-1B), which was initiated by Dr Peter Gregorčič and others, the Government submitted a motion to disqualify the Constitutional Court judge, Dr Dr Klemen Jaklič, from ruling on the case.

The Government considers that the Constitutional Court judge concerned is subject to the circumstances referred to in Article 70(6) of the Civil Procedure Act (ZPP), or to circumstances, which raise doubts as to his impartiality.

During the 2005 referendum campaign on the Radiotelevizija Slovenija Act, Dr Dr Klemen Jaklič took explicit positions and actively and publicly defended them. It is evident from his statements and opinions that Dr Dr Klemen Jaklič was a supporter of the solutions adopted in Articles 23, 24, and 26 of the Radiotelevizija Slovenija Act (ZRTVS-1) of 2005, which were amended by the Act Amending the Radiotelevizija Slovenija Act (ZRTVS-1B), and that in the context of the individual referendum activities of the organisers of the referendum campaign, he actively encouraged voters to support or accept ZRTVS-1. In 2006, the National Assembly even appointed Mr Jaklič as a member of the supervisory board of RTVS on the recommendation of the SDS party. These activities have far exceeded what judges and other lawyers are permitted to do in principle to contribute to the progress and development of a law, which is why the Government is justified in questioning his objective, as well as his subjective impartiality.

The Government therefore proposes that the Constitutional Court examine the impact of the above-mentioned and accompanying reasons on the impartiality of Constitutional Court judge Dr Dr Klemen Jaklič in ruling in Case U-I-479/22, and take the decision to disqualify him from ruling on this matter.

Source: Ministry of Culture