The court affirmed the former minister who sues the state for the CCP’s proceedings
The Ljubljana District Court found in an intermediate judgment the justification of the claim for damages Aleš Zalar To the country in the Skrlec case, the Senica law firm told STA. They added that the court found that the CCP’s conduct was in a direct causal relation to the damage caused by Zalar. It has not yet decided on the amount of damage.
This is a lawsuit of former Minister of Justice Ales Zalar against the state for the procedure of the Commission for the Prevention of Corruption (CCP) in the Skrlec case. Zalar claimed € 12,000 and default interest from the state. The Ljubljana District Court issued an intermediate judgment on 27 in January and Zalar received it on Monday.
“With the interim judgment, the court found that the basis of the plaintiff’s claim was fully grounded. When the intermediate judgment becomes final, the procedure for determining the amount of damage follows, which will then make the court the final decision, « Zalar’s lawyer said for the STA Anze Zalar from the law firm Senica.
He wrote that the former minister was expecting such a good judgment. “The court found that the CCP had acted clearly unlawful because it did not comply with the basic procedural rules of the administrative procedure and did not respect the plaintiff’s right to statement and participate in the proceedings. The court repeatedly emphasized in the judgment that the CCP’s conduct was arbitrary and arbitrary. This finding was accepted precisely on the basis of the confession of the heard persons who led the controversial procedure at the CCP, « the lawyer said.
He added that the former Justice Minister was among these persons Goran Klemencicwho led the CCP in the relevant period and which later replaced it Boris Stefanec. « The court pointed out that, due to the effects they have in the public, they are not permissible and arbitrary conduct, » the lawyer wrote.
The CCP reported in April 2015 that former Minister of Justice Aleš Zalar and Attorney General Zvonko Fischer in 2012 acted corruptly in appointment Boštjan Škrlec to the post of Director General of the Supreme State Prosecutor’s Office.
Both Zalar and Fischer filed a lawsuit for the Administrative Court due to the CCP’s proceedings. Among other things, they challenged the way of conducting the procedure before the CCP, since they had no opportunity to answer the allegations or complaints before the report. defense options. In 2015, the Administrative Court eliminated the findings of the CCP in the Skrlec case. As it stated, the CCP violated Fischer Article 22 of the Constitution, which speaks of the same protection of rights, and Zalar also also refers to Article 34, which speaks of the right to personal dignity and security. In 2016, the Supreme Court confirmed the findings.
The prosecution also accused Zalar and Fischer abuse of office. Zalar alleged that in 2012, just before his ministerial term, he had abused his position because he had issued a decision on the appointment of Škrlec to the place on the proposal of the then prosecutor Zvonko Fischer, despite the fact that he knew that the selection process had been carried out illegally. Namely, at the Supreme State Prosecutor’s Office, the appointment procedure was first led by the procedure for the appointment of a civil servant, and after a complaint of one of the applicants, he was completed after the prosecutor’s award procedure, which, according to the prosecution, was inadmissible.
At the end of 2017 and at the beginning of 2018, Zalar and Fischer was acquitted by the Novo mesto District Court. Following the appeal of the prosecution, the Ljubljana Higher Court found the statute of limitations on the same year. Zalar filed a lawsuit against the state in 2018 for the mental illness he suffered in the proceedings with the CCP.
