By: Dr Metod Berlec
The decision of the Constitutional Court of the Republic of Slovenia, which struck down a key provision of Golob’s so‑called healthcare reform just before Christmas, represents one of the most serious political blows this government has faced so far. The “reform,” which Prime Minister Robert Golob had populistically promoted as a fundamental breakthrough in Slovenian healthcare, collapsed precisely at the point most emphasised by the ruling left‑wing coalition – the strict separation of public (read: state) and private healthcare, and the restriction of doctors’ afternoon private practice. Even the Constitutional Court, which is distinctly left‑leaning, had to conclude that part of the law was unconstitutional. This gives the ruling at least some weight and weakens the government’s argument that it was merely a technical correction or a misinterpretation. The Court made it clear to the government that the interference with the right to freely choose one’s employment was excessive, disproportionate, and legally untenable. The government also failed to demonstrate that its goals could be achieved with milder measures – which means it chose the toughest, fully left‑ideologically inspired path.
It should be emphasised, as our journalist Vida Kocjan points out in Fokus, that the Health Services Act (ZZDej) has not been struck down in its entirety. The Court did not annul the ban on working within the public network under the status of a sole proprietor (s.p.); that part remains in force. Furthermore, the constitutional judges have not yet ruled on all the disputed provisions, of which there are many. They will continue reviewing the amendment to the ZZDej. Based on this, the government and coalition stressed that the Court had supported their objectives in an important part and that this does not represent a vote of no confidence in “their healthcare reform.” Health Minister Valentina Prevolnik Rupel uncritically adopted this line as well, insisting she does not intend to resign, since the Constitutional Court’s decision was supposedly not directed against her work and does not constitute a vote of no confidence. Golob repeated the same message. As usual, he interpreted everything in his own way, claiming that “the Court understood the government’s positions” and that they had received “guidelines for better solutions.” He did not, of course, explain when or how they intend to correct the law.
How the Constitutional Court’s decision will affect the pre‑election dynamics is still impossible to predict. Most political commentators believe it does not benefit the government. Others argue that the Court’s decision actually saves Golob’s government, since if such legislation had remained in force, public healthcare would have completely collapsed due to doctors fleeing into the private sector. Literally fallen apart. Undoubtedly, the so‑called healthcare reform of Golob’s government, which was supposed to demonstrate the determination and vision of the ruling coalition, is becoming proof of political dilettantism, legal ignorance, ideological narrow‑mindedness, and insufficient professional competence. All to please left‑wing extremists, street‑level luddites symbolised by the self‑proclaimed “voices of the people” led by the leftist agitator and bluff artist Jaša Jenull.
