The President of the Ljubljana Court threatens dismissal due to procedural violations

The Judicial Council is yesterday President of the Ljubljana District Court Marjan Pogacnik Hired a call to say in writing about the allegations that could lead to his dismissal. Namely, the Judicial Council determines the responsibility of Pogačnik in several cases, their common denominator is a complaint that the right to grant cases was violated in the proceedings.

At the Judicial Council, in April, the process of determining the existence of circumstances for the resolution of the President of the Court was initiated. As they explained to Werein determining the circumstances of Pogacnik’s dismissal, focus primarily on three matters related to alleged violations regarding the allocation of matters.

The first is the judgment of the European Court of Human Rights (ECtHR), who charges Pogačnik that in the high -profile case of confiscation of the child he violated the mother’s rules regarding the allocation of the case to the judges.

The second is the role of the company SIP Real Estate, which in the economic dispute before the Ljubljana District Court claims a violation of the ruling. SIP Real Estate has filed a complaint with the ECtHR for violation of the right to a legal, independent and impartial court.

The third is the decision of the Supreme Court, which set aside the decision of the Ljubljana District Court in one criminal case in March, since in this case the rules regarding the allocation of cases were also violated. The decision of the Supreme Court follows that the case should not be transmitted to deciding the head of the department on the basis of the annual schedule of the judges, but in accordance with the alphabetical order of the initials of the judges of the judges, the Council explained.

They expect the answer within 15 days

They emphasize that the process of determining the circumstances for Pogačnik’s dismissal is conducted « in accordance with the regulations and without delay. » The first phase is the president of the Ljubljana Higher Court Anton Panjan applied for a report on detected violations, which were received on May 15 after the rejection of Panjan’s request for extension of the deadline « and discussed at a meeting of May 20.

In the next phase, in accordance with the Courts Act, the President of the Court is given the opportunity to declare in writing of all circumstances concerning the dismissal reason, they added. « The Judicial Council has served such a call to the President of the Ljubljana District Court on 26 May.

Pursuant to the Courts Act on the dismissal of the President of the Court, the Judicial Council, which must also obtain the opinion of the minister responsible for justice before the decision and the President of the Supreme Court. « It is also planned to give their opinions for 15 days, and then the matter will be re -enacted at the Judicial Council, » they further explained at the Council.

Awaiting the commission also awaits Judge Marolt Kuret?

The Commission for Ethics and Integrity at the Council will continue in the middle of the meeting with the initiative of the President of the High Court Panjan to be against the judge Katarina Marolt Kuretwho has decided on loans in Swiss francs, instituted the proceedings before the commission.

As the commission explained to the STA, the issue, recommendation or guidelines may be issued in relation to the issue raised by the initiative, but can also stop the process. They emphasize that the concrete conduct stated in the initiative is only a trigger element for the adoption of a principled opinion, guidelines or recommendations by explaining the Code of Judge Ethics, « but only if it turns out to be necessary. » However, what decision the commission will be made, however, cannot be predicted, they added.

The proceedings against Judge Marolt Kuret were also initiated by a disciplinary prosecutor in the Judicial Council. « The disciplinary proceedings against the said judge are underway, and investigative acts were carried out under the proceedings, as suggested by the disciplinary prosecutor, » the district judge and secretary of the disciplinary authorities in the Judicial Council confirmed to the STA. Martin Jančar.