By: Sara Bertoncelj (Nova24TV)
Lawyer and sociologist dr. Peter Jambrek pointed out that if the National Assembly can vote on the proposal for a postponement, there is no reason not to vote on the proposal of constructive no confidence motion. Former constitutional judge Jan Zobec is also of the opinion that the decision is in the hands of members of the National Assembly, but Karl Erjavec would need 46 votes of MPs – so why would they not vote on the no confidence motion?
Until tomorrow, Karl Erjavec will consider the temporary withdrawal of constructive no confidence vote or consent to the candidacy for Prime Minister. He reminded that there are 42 signatures under the motion of no confidence, and with each MP who is not present, the possibility of success decreases – which he could otherwise count on, given that he filed a motion of no confidence in the middle of the epidemic. Although the Rules of Procedure of the National Assembly stipulate that elections of a new Prime Minister are held earliest 48 hours and no later than seven days after filing the proposal for election, the Rules of Procedure also state that elections may be held later under certain conditions.
The Supreme Judge at the Supreme Court of the Republic of Slovenia and former constitutional judge Jan Zobec explained that the situation now is new and there is not a precedent for it yet. However, he added that the answer still seems quite clear. It is given by the Rules of Procedure of the National Assembly, namely the first paragraph of Article 256 stipulates that the election of a new Prime Minister shall take place earliest 48 hours and no later than seven days after the submission of the proposal for election.
Erjavec’s proposal for a postponement should be voted for by 46 MPs
The next paragraph of the same article further states that the National Assembly may, on the proposal of at least ten MPs or the President of the National Assembly, decide by a majority vote of all MPs to hold elections later, but no later than 30 days after the proposal to elect a new Prime Minister. “The idea of a candidate for Prime Minister is therefore feasible in principle, but only if the conditions set out in the second paragraph of Article 256 of the Rules of Procedure are met,” Zobec emphasised. The second paragraph namely states that a proposal must be submitted by at least ten MPs or the President of the National Assembly to postpone the vote on the candidate for the new Prime Minister, and that the majority of MPs, i.e. at least 46, must vote for such a proposal, thus to postpone the election of a new Prime Minister. It is also stipulated that the election of a new Prime Minister or a vote of no confidence can be postponed for a maximum of 30 days. “The decision is by no means in the hands of Erjavec, but in the hands of the MPs. It only depends on them whether the previously described procedure will go on. The final decision to postpone the vote of no confidence is thus solely in the hands of MPs. At least 46 of them must agree for it to be postponed – and that is for a maximum of 30 days,” concluded Supreme Judge Zobec.
If MPs vote on the postponement of the vote, they can also vote on a constructive no confidence motion
The president of the DeSUS party and KUL’s candidate for prime minister, Karl Erjavec, will decide by tomorrow morning whether to temporarily withdraw his consent to the candidacy for prime minister due to infections among the MPs with the new coronavirus. He said that he would consult with lawyers about this, as in his opinion it would be right to suspend the procedure on constructive no confidence vote and continue it when all MPs can vote on it. Lawyer and sociologist dr. Peter Jambrek pointed out that if the National Assembly can vote on the proposal for a postponement, there is no reason not to vote for the proposal on constructive no confidence motion. “Also, how could KUL get 46 votes for such a proposal to postpone – Janša’s coalition simply does not have come to the voting, and the proposal for the decision will fall, assuming that at least some KUL MP is ill – which would mean that they would have less than 42 parliamentary votes to postpone. It seems to me that Erjavec will not be able to postpone it,” assessed Jambrek.
Erjavec is tough on the director of Sova
Namely, Erjavec found out today that some MPs are infected with covid-19 and would not be able to attend the extraordinary session of the National Assembly, at which they would decide on a vote of no confidence of the government of Janez Janša. This would mean an obstructed voting, as the Rules of Procedure of the National Assembly do not allow secret distance voting, Erjavec told reporters in the National Assembly in today’s statement. Namely, several MPs were in contact with the director of Sova, Janez Stušek, at the Knovs session, who turned out to be infected with the coronavirus. Today, they also confirmed that the leader of the SD parliamentary group, Matjaž Han, is positive for the new coronavirus, and that the leader of the DeSUS MPs, Franc Jurša, is also in self-isolation due to contact with Han. The President of the National Assembly Igor Zorčič believes that the fact that several MPs were in contact with the director of Sova at the Knovs session would not affect the implementation of the planned session of the National Assembly, which is to take place on Wednesday. Erjavec was tough towards the director of Sova, he was wondering how it is possible that a man who runs such a service can act so irresponsibly that he becomes infected and even comes to the National Assembly. MPs Han and Jurša are otherwise not members of Knovs.
