By: Davorin Kopše
Authority is the right to decide, to command in an organised social community (SSKJ). In democratic societies, we know cyclical decision-making, which we call general democratic elections (usually every four years). There, we elect our representatives, and they establish or elect and/or appoint institutions and officials who perform individual roles in various fields for the purposes of exercising power, which by their nature belong to certain departments/ministries.
The basic representative body is therefore the National Assembly or Parliament. Through it, two more branches are formed and complemented. Thus, we get three branches of government, which we call the legislative (National Assembly), the executive (government) and the judiciary (courts at three levels). The people, who have power, are therefore a pillar or trunk with three branches, and the tip is the Constitutional Court. This ensures a kind of balance so that there are no violations of the basic and highest legal act, i.e. the Constitution. Unfortunately, this tree in Slovenia has problems with photosynthesis due to a harmful human factor and cannot form chlorophyll without interruption, to put it metaphorically.
The branches of government are autonomous and independent in decision-making from other branches. Cooperation and connection are nevertheless a necessity. All for one goal, which is the functioning of the state within the framework of political and state regulation. Fluctuations in the intensity and quality of performance of individual branches may be normal, although not desirable. In any case, it is contrary to the normative basis if individual departments annoy or disable each other.
Some mention a fourth branch of government, which is supposed to be the media. However; no one elects them either directly or indirectly, they do not change positions, they do not have a mandate, but they are increasingly inclined to bias in favour of some particular interests. This is because they are inviolable and hide behind declarative independence. They can even be bought. And this is completely legal. So what kind of power is this, bought?! Personally, I do not recognise the media as a branch of government.
Disorders in cooperation
If an epidemic is something that has brought a lot of new things into our lives and requires different behaviours, the authorities at all levels in all forms of their action should also adapt to the situation. Unfortunately, we see that it is not working in the same direction. Moreover, in some parts it harms the wider interests and rights of individuals. The legislative branch of government is made up of various political representatives and thus interests. It is common for there to be friction over decision-making on individual legislative solutions. At the time of the epidemic in the country, however, one would still expect the species to converge, at least when the amendments to the Infectious Diseases Act are adopted. This was rejected by the National Assembly, despite the fact that it was allegedly not in accordance with the Constitution. In the end, even the coalition rejected it, as the opposition seriously threatened a referendum, which would further complicate the effort. In the general confusing situation in the country, they might even reject the law in a referendum, which would lead to complete lawlessness in this area.
It is clear that the executive branch of government seems to be the most unified and has taken the new situation seriously. Like the rest of the European Union, as well as most of the responsible world, it strives to take effective action in cooperation with experts. Let us remember one of the first measures to follow infections. The Stay Healthy mobile application was developed and offered, the introduction of the obligation to wear protective masks, the ban on collection, the restriction of movement between municipalities, the introduction of the PCT rule (recovered, vaccinated, tested), for public administration, the introduction of distance learning, compulsory vaccination, for those who have not yet recovered the virus (PC without T) for public administration…
This is where the judicial branch of government comes into play. Since the field is related to the normative regulation of the state, let us add the Constitutional Court, although it does not formally belong here. The Constitutional Court declared compulsory vaccination for state administration employees unconstitutional. The same Constitutional Court declared distance education unconstitutional, and restrictions on movement between municipalities were also suspended. Well, they declared this after the expiry of this measure because they did not want to accept responsibility before, as the measure was sensible and effective. Declaring this measure unconstitutional therefore has no weight other than political. This was a kind of disgrace within all the other anomalies.
The Stay Healthy application was mined by the Information Commissioner with the head Mojca Prelesnik, because it was supposed to enable tracking of persons. Supposedly, but it does not! Due to the forced error, the designers had to impoverish the application to inefficiency. The Supreme Court has even declared that the mandatory wearing of protective masks during an epidemic is unconstitutional. They decided so despite the fact that the virus spreads through the air and is transmitted by droplets. We also have to be dressed in public, right? So far, it has not occurred to anyone to declare this unconstitutional.
When we go to a hotel where they put something on, in the middle of the summer heat we cannot go to dinner in shorts or shoes without socks. That is just such a regulation and it does not occur to anyone to put it in the constitutional review. We also expelled smokers from public places. And look at the miracle, it is not unconstitutional.
They further ruled that the right to gather and protest even at the time of the spread of the deadly virus is a constitutional right. The right to health and safety has been hierarchically pushed under the right to mass gathering. And this despite evidence that the virus is spreading in crowds. The passionate troublemakers, of course, rejoiced at this. What about the sick, those in intensive care and relatives of the dead? It does not matter all of a sudden. It is clear why. It is in the interests of politics who want power without elections.
Victims are collateral damage in the struggle for power
All this is happening to us because the political desire to overthrow the government has prevailed in the judiciary and the Constitutional Court. Despite the sacrifices. These do not interest anyone. Exactly the same as after 1945, when sacrifices were not important, but revolution and power were important. Even then, the judiciary cooperated and condemned everyone in fast-track trials, if they occurred at all.
The victims are not even interested in the media, which declare itself the fourth branch of government. They may have sobered up a bit in the last terrible wave of infections. They call for vaccination and report on the need to comply with the measures. Still, they do not understand that the only logical message is that we are not doing this for the government and power, but for ourselves. They still like to spin opposition’s KUL fools who bark that the government is responsible for not being able to communicate with the people. They do not explain, however, how it is that some have nevertheless quickly understood what is right. Is it proper to communicate through violent protesters where recklessness is spreading?
Who is to blame
The opposition is constantly spreading silly claims with the help of the dominant media. For example, that the government is to blame for the poor vaccination coverage and the number of infections. Is it really the government’s fault if it’s important solutions are unjustifiably regularly publicly criticised and suspended? And this despite the fact that all these and even stricter measures have been introduced in practically all EU countries. However, they are unacceptable only here in Slovenia. That is why we also have the most infections.
The third branch of government (judiciary) is by definition autonomous and independent. Along this path, it also unjustifiably gained the power of inviolability, where arbitrariness became commonplace. Instead of caring about their reputation, they demand it. In this way, this branch of government is constantly drying up and is already a fairly dry branch of government. A broken dry branch always falls to the ground. Then sobriety occurs, the tree enters an existential crisis.
Davorin Kopše is a veteran of the war for Slovenia, a candidate for the European Parliament and an active citizen.