By: Domen Mezeg (Nova24tv.si)
Slovenia needs a thorough reform of the judicial system, which does not enjoy the full trust of its citizens. A judge with a loan in Swiss francs allegedly filed a lawsuit against one of the banks based on her own judicial rulings. This represents a clear conflict of interest.
Judge of the Higher Court in Ljubljana, Katarina Marolt Kuret, who ruled on more than nine cases involving Swiss franc loans, has allegedly filed a lawsuit against one of the banks as a borrower herself, relying on legal precedents she helped shape. All the Swiss franc loan cases she ruled on were decided in favour of the borrowers, causing financial damage to the banks, according to MMC.
Unethical conduct: The judge did not recuse herself
Despite having taken out a Swiss franc loan in 2008, the judge did not recuse herself from these cases, even though she should have, as it could create the appearance of bias. Anton Panjan, president of the Higher Court, believes that the judge had a moral obligation to withdraw from these cases due to the potential perception of partiality.
However, the judge only requested recusal in November 2024, after filing her lawsuit against the bank. The Higher Court was unaware of her personal involvement as a party to the proceedings, as it had not been notified. Nevertheless, the court decided to exclude her from all Swiss franc loan cases starting in February 2024.
Slovenian Judges’ Association and Anti-Corruption Commission yet to comment
The Slovenian Judges’ Association and the Commission for the Prevention of Corruption (KPK) have not yet commented on the case. The matter has not yet been referred to the Judicial Council but is scheduled for review in March 2025, when potential measures will be considered.
The article also mentions other cases, such as that of Professor Borut Bratina, who sued the bank over his Swiss franc loan, claiming the bank had failed to clearly explain the risks before the loan agreement was signed.