By: Anamarija Novak
The Constitutional Court of the Republic of Slovenia adopted a decision on 22 January 2026 excluding Constitutional Judge Dr Matej Accetto from participating in the review of the constitutionality of the amendment to the Radiotelevizija Slovenija (RTVS) Act.
The decision was made public only on 10 February 2026 on the social network X by Constitutional Judge Dr Dr Klemen Jaklič, who issued an extensive concurring opinion. The decision passed narrowly, with three votes in favour and three against, with the decisive vote cast by Jaklič as the presiding judge in the case.
Golob’s “depoliticization” of RTVS
The amendment to the RTVS Act was adopted in February 2023 under the government of Robert Golob. He presented it as a necessary step toward the so‑called depoliticization of the public broadcaster, improved funding, and more professional management.
Critics from the opposition, especially the SDS party, former RTVS leadership, and civil society, argued the opposite, describing the amendment as a political takeover of the broadcaster that enables the ruling coalition to control programming policy, staffing, and editorial decisions. This, among other things, was reflected in the cancellation of the Tarča investigative programme last Thursday. According to the team led by journalist Erika Žnidaršič, the episode was pulled because management prohibited the planned content and even issued written threats of consequences. The episode was to focus primarily on the Ugljan affair.
Constitutional Court has been deliberating since May 2023
The initiative for a constitutional review was filed by former members of RTVS governing bodies, including Peter Gregorčič, who served as chair of the Programme Council before the amendment. In May 2023, the Constitutional Court lifted the temporary suspension of part of the amendment, which enabled the replacement of RTVS leadership and the implementation of the so‑called “depoliticization.” That decision already revealed deep divisions among the judges. In the proceedings, judges Rok Čeferin and Neža Kogovšek Šalamon were excluded, while Matej Accetto remained the reporting judge until his current exclusion, which he requested himself. The key reason for Accetto’s exclusion is the suspicion of a breach of the appearance of impartiality due to his meeting with European Commissioner Věra Jourová in March 2023 in Slovenia. Critics, including MEP Milan Zver and the SDS party, argued that the meeting influenced judicial decision‑making regarding RTVS. Accetto, Jourová, and the European Commission denied discussing any specific pending cases, but the timeline, internal Commission documents, and public statements raised doubts about possible pressure. Věra Jourová, now the former European Commissioner for Values and Transparency, thus remains at the centre of the dispute over the appearance of impartiality.
Accetto (finally) excluded
The Constitutional Court decided on the exclusion of Judge Matej Accetto in a limited panel of six judges, without Accetto himself, who proposed his own exclusion and did not participate in the vote. This is standard practice when considering motions to exclude a judge. The presiding judge in this case was Klemen Jaklič. In addition to him, Primož Gorkič and Rok Svetlič voted in favour of Accetto’s exclusion, while Nina Betetto, Katja Šugman Stubbs, and Rajko Knez voted against. Because the vote was tied – three to three – the decisive vote, in accordance with the Rules of Procedure of the Constitutional Court, was cast by the presiding judge, Jaklič, enabling the adoption of the decision on exclusion. This limited panel differs from the full nine‑member composition and will decide on the main case concerning the constitutionality of the RTVS Act amendment after the exclusions of Accetto, Čeferin, and Kogovšek Šalamon.
Jaklič: Accetto should have declined Jourová’s visit
Constitutional Judge Dr Dr Klemen Jaklič, who has academic experience at Oxford and Harvard, explained his support for the exclusion in a detailed concurring opinion and highlighted the systemic problem of political interference in public media and the judiciary. Jaklič states clearly that politics often has an interest in influencing public media as a lever of power. He continues by stressing that the fundamental task of law is to protect its independence from politics. He is particularly critical of the meeting with Jourová, emphasising the preventive responsibility of the court president, who should safeguard the independence of the Constitutional Court and, under such circumstances, decline a high‑level political visit. He further stresses the need for strict restraint, noting that it is especially important for a judge to avoid meetings with high‑ranking politicians while deciding on such a sensitive case. Jaklič sharply criticises the procedure following the lifting of the temporary injunction in May 2023, when the absence of certain judges changed the balance of votes. He argues that invoking the court’s inability to decide was unacceptable. In his view, the judges should have insisted on a full deliberation until a final decision was reached, rather than claiming an inability to function. He adds a key point: that Judge Accetto should not have participated in the case at all, as his vote in earlier stages contributed to the majority that enabled the implementation of the previously suspended law. Jaklič concludes that Accetto’s exclusion now strengthens trust in the rule of law and that in cases affecting media freedom and democratic processes, it is essential to protect the appearance of impartiality to prevent any impression of political influence. Judge Rajko Knez, in his dissenting opinion, rejected the idea that the meeting with Jourová justified exclusion, arguing that there was no evidence of direct influence. This reveals ideological and legal divisions within the nine‑member court.
Government circles and RTVS mostly silent
Reactions to the judges’ decision are strongly polarised. The opposition – especially SDS – welcomes the exclusion as a step toward transparency and the protection of judicial independence, while government circles and RTVS mostly remain silent or downplay its significance. On X, Jaklič’s published decision triggered heated debate – some describe him as the only reasonable judge, while others express scepticism about the timing “right before the elections.” The case raises fundamental questions about judicial independence in Slovenia in light of European standards, the recommendations of the Council of Europe, and the Venice Commission. The final constitutional review of the RTVS amendment is not yet concluded. Accetto’s exclusion may change the dynamics within the remaining panel and influence the outcome.
A reflection for future conduct
Jaklič emphasises: “This is why it is all the more important that a judge, at least during the decision‑making process on such a sensitive matter, refrains from meetings with high‑ranking politicians.” This sentence should serve as guidance for all judges in similar situations. Jaklič’s critics often claim he exaggerates or is ideologically driven. But the facts point elsewhere. The timeline is clear: Jourová’s visit, her meeting with Accetto, the lifting of the suspension in May 2023, the replacement of RTVS leadership, and then the prolonged delay of the final constitutional decision. All of this is happening at a time when the government of Robert Golob controls most institutions that should remain independent. In such an environment, it is not excessive to warn that politics sees the media as a lever of power, and that the judiciary must not become part of that lever. The exclusion of Judge Accetto and Jaklič’s opinion are therefore more important than they may seem at first glance. They represent a defence of minimal standards without which the rule of law exists only on paper. If these standards are neglected, we may soon find ourselves without an independent judiciary – and therefore without free media. In this case, Jaklič did what a constitutional judge must do: he warned of the danger before the damage becomes irreversible.