By: Spletni časopis
The Commission for the Prevention of Corruption (CPC) initiated misdemeanour proceedings against Constitutional Court Judge Klemen Jaklič because he did not inform the President of the Constitutional Court, Matej Accetto, that he had closed his sole proprietorship, which he opened in 2017.
Jaklič had the sole proprietorship to issue invoices for performing higher education activities, which the law permits constitutional judges to engage in. The CPC announced today that they started the proceedings a month ago, explaining that they believe Jaklič should have notified the Constitutional Court about the closure of his sole proprietorship since this entity should not conduct business with the court. Records in the CPC’s Erar system, which details transactions with state institutions, show that there were no such transactions. It would also be quite illogical for the Constitutional Court to pay a constitutional judge’s sole proprietorship for performing higher education activities alongside his work at the court. The President of the National Assembly, Urška Klakočar Zupančič, has repeatedly publicly demanded that the CPC pursue action against Jaklič.
It is noteworthy that the list of companies subject to business restrictions does not include the Peace Institute, which was led by Neža Kogovšek Šalamon before she joined the Constitutional Court. Kogovšek Šalamon still works at the Peace Institute to ensure she can return after her term at the court ends. In the case of the purge at RTVS, which the Peace Institute advocated for alongside government parties Svoboda, SD, and Levica, she did not immediately recuse herself from the hearings. She only did so after the conflict of interest was pointed out by the ousted chairman of the RTVS Programming Council, Peter Gregorčič.
There were also no payments from the Constitutional Court to the private institution Peace Institute. The current list of companies subject to business restrictions with the Constitutional Court, according to Erar, is as follows:
The Constitutional Court judge Klemen Jaklič closed his sole proprietorship well before left-leaning media and politicians began their campaign against him. This campaign included a public expectation from Urška Klakočar Zupančič that he should resign and her call for the Commission for the Prevention of Corruption (CPC) to take action. It is curious that for many years, while Jaklič had his sole proprietorship open, no one objected to it, despite it not being hidden. By opening the sole proprietorship, he was the only Constitutional Court judge – who, with one exception, all work additionally – who conducted business transparently regarding state-related institutions. According to CPC’s Erar, Jaklič did not receive any payments from state institutions to his sole proprietorship while it was open.
The CPC announced that they initiated a misdemeanour procedure against Jaklič on May 24th, 2024, and that the procedure is ongoing. Jaklič was informed about the procedure and has the right to provide statements on all facts or circumstances of the offense. The public was informed about this procedure as CPC believes they have a right to know. Although Jaklič did not inform the head of the Constitutional Court about the opening of his sole proprietorship, this incident has already passed the statute of limitations, as stated by CPC. Here is the full notification:
“Ljubljana, June 20th, 2024 – The Commission for the Prevention of Corruption (Commission) reviewed the case of Constitutional Court judge Dr Klemen Jaklič in light of its competences regarding business restrictions as defined by the Integrity and Prevention of Corruption Act (ZIntPK). They found that Dr Klemen Jaklič did not report the entity Visokošolski sodelavec, Klemen Jaklič, s. p. to the Constitutional Court of the Republic of Slovenia, as required by law. Nor did he notify the Constitutional Court about the closure of the sole proprietorship, prompting the Commission to initiate a misdemeanour procedure against him.”
In the preliminary examination initiated in April 2024, the Commission found that Dr Klemen Jaklič did not report the entity in 2017, when he opened the sole proprietorship, nor in 2024, when he closed it. According to the law, ZIntPK requires officials (including Constitutional Court judges) to report to the authority where they perform their function within one month of assuming office, and within eight days of any changes, information about entities subject to business restrictions. These entities include those where the official or their family member is involved as a manager, member of management, or legal representative, or directly or through other legal entities holds more than a five percent share in founding rights, management, or capital. This also includes sole proprietorships linked to officials or their family members.
ZIntPK stipulates that failure to report information about such entities warrants a misdemeanour procedure, with possible fines ranging from €400 to €1200. Under the Misdemeanour Act, procedures can only be initiated if less than two years have passed since the act. Since more than two years have passed since the opening of the sole proprietorship in 2017, initiating a misdemeanour procedure in this case is not permissible. However, the Commission initiated the procedure for the failure to report the change (closure of the sole proprietorship) in March 2024. Judge Jaklič was informed about the misdemeanour procedure initiated on May 24th, 2024, and he has the right to provide statements on all facts or circumstances of the offense. The Commission, acknowledging public interest, is informing the public about the findings of the preliminary examination, which is now concluded.
Additionally, the Commission is conducting a preliminary examination on the matter of property status. Regarding the issue of the jurisdiction over assessing incompatibility of functions for Constitutional Court judges, the Commission received a response from the Ministry of Justice (MP) this week to a request sent on May 9th, 2024. The Commission will review the response and react to it in the coming days.