Suspenz of a judge who has not been eliminated in the Franki case
President of the Supreme Court Miodrag Djordjevic is Ljubljana’s Senior Judge Katarina Marolt Kuret imposed a suspension until the final decision in the disciplinary procedure in which she found herself because she decided in at least 11 proceedings regarding loans in Swiss francs and then filed a lawsuit.
Miodrag Djordjevic decided to take temporary removal from Katarina’s Judge Marolt Kuret when he was informed by the president of the disciplinary panel in the Judicial Council of the submission of a disciplinary prosecutor for the saying of a disciplinary sanction against the judge, the Supreme Court said. As they explained, she has been alleged to have a more serious violation of the abandonment of the message about the legal reasons for the exclusion or continuation of work in the case in which there is an elimination reason, regarding the decision on credit agreements in Swiss francs.
The President of the Supreme Court pointed out in the justification that the judge, as a holder of the judicial branch, is reasonably expected to consistently propose his exclusion in all cases of exclusionary and refusal reasons, which could make his impartiality or its appearance reasonable. The suspension will last until the final decision of the disciplinary court operating in the Judicial Council.
The portal uncensored in February revealed that Katarina Marolt Kuret had decided in several cases in the Higher Court of Ljubljana since 2017, which ended in favor of the borrowers in Swiss francs, and then in February 2024, based on the case -law, which she co -created and could benefit her, filed a lawsuit against one of the banks. According to the media, in 2008, she and her husband at Unicredit borrowed a mortgage on its property of about 163,000 Swiss francs, which was about 100,000 euros at the time. Following the decision of the Swiss Central Bank in 2015 to no longer artificially maintain the Frank course, this amount has grown significantly.
In the 11 cases, in which she participated until 2023, in nine of them, even as a Judge of a Rapporteur, the High Court, according to the portal, granted the borrowers and reimbursed the cases in the decision of the first instance, and in one case the three -member panel himself declared the loan agreement in Franks for zero.
By 2024, they did not know in the Higher Court that he also had a loan in the francs. After suing the bank in February 2024, it was eliminated from the processes, but with the argument of « changed case law ». The initiative to initiate disciplinary proceedings and proceedings before the Commission for Ethics and Integrity in the Council against Katarina Marolt Kuret was filed in February this year by the President of the High Court Anton Panjan.
