By: Dr Vinko Gorenak
Do you still remember the pre-election promises of all those who now form Golob’s coalition? The rule of law, respect for the law, respect for the judiciary, unconditional respect for court decisions, not to mention others. Is it true? And what remains today of all those promises? Nothing, really nothing. Or maybe something. On the first working day of 2024, judges protested against all those in Golob’s coalition who decide on their salaries. Moreover, they announced a strike by handling only essential matters, which they are already implementing. This is undoubtedly a significant achievement of Golob’s coalition, the likes of which I do not recall in the history of Slovenia, regardless of left or right governments. The judicial protest in Golob’s coalition happened because of the disregard for the decision of the Constitutional Court. But let’s go in order.
Have you ever wondered who in public administration is satisfied with their salaries? Probably no one, not even judges. That is just the reality. Likewise, I am not aware of any cases where judges decided that a particular social group has too low salaries. At the same time, it is true that judicial salaries, at least for novice judges, are absolutely too low.
Here is another detail. At the beginning of the third government led by Janša in 2020 and during the pandemic, all public officials, including judges, received 30% lower salaries. This applied to MPs, the president of the country, the government, the National Assembly, and, of course, all ministers and state secretaries. Although judges are also public officials, we publicly urged them to forgo 30% of their salaries, especially because there were mostly no court hearings, and they literally sat at home. Their response was clear: you cannot lower our salaries. And so, it was. An unreasonable decision by the judges.
Prosecutors, however, form a distinct caste. In their case, they are not judicial officials, nor do they fall under the judicial branch of government; instead, they belong to the executive branch of authority. In the current situation concerning salary increases, they are grouped together with judges.
Furthermore, judges have announced that they will seek their right through a lawsuit against the state in court. They will sue the state to increase their salaries. So, who will decide on the judges’ lawsuit against the state? Certainly not politicians or citizens on whose behalf judges preside. The decision will be made by judges themselves. Judges will decide on what salaries they should have. Can you imagine a judge or a panel of judges deciding that judges’ salaries should not be increased? That would truly be absurd. Of course, independent judges will decide that judges’ salaries must be increased, preferably with retroactive payment for several years. This is logical since they will be deciding on judicial salaries, including their own. To make the absurdity even greater, let me remind you that the judgment will bear the inscription “judgment in the name of the people”.
And what will the Commission for the Prevention of Corruption (CPC) do? They often decide on the so-called conflict of interests. It must not happen by any chance that any minister connected, for example, to the recipient of certain funds would decide on a particular matter. It would immediately be considered a conflict of interests and blatant corruption. However, when judges decide on judges’ salaries, their own salaries, CPC remains silent. No conflict of interests, let alone corruption, will be acknowledged.
There is another absurdity. If judges announce a strike, the question arises about comparing it with the other two branches of power. Judges are one of the three independent branches of power (alongside MPs and the government). If a judicial strike is allowed for them, why would the same action not be permitted for MPs or government officials who are also separately part of the independent branch of power, just like judges? Can you imagine if MPs or government officials announced a strike and stated that they would only deal with essential laws?
Regardless, it must be clearly stated that responsibility for the current situation lies with the Minister of Justice and, of course, with the entire Golob’s coalition. They make promises to everyone, not just judges, but fail to deliver. According to their famous timelines, the public sector salary reform should have been completed long ago, but due to their own incompetence, it has not happened. It is possible that other parts of the public sector will join judges in strikes as a result.
In conclusion, let me emphasise once again: higher salaries for judges, certainly yes; judges’ strikes, unequivocally no. Ultimately, the decision of the Constitutional Court that judges have too low salaries is just one of twenty-five unimplemented decisions of the Constitutional Court of the Republic of Slovenia. The saga continues.