Rule of law in Slovenia: unacceptable pressure by judicial authorities on judges and trials

17.4.2019

Question for written answer P-001962-19
to the Commission
Rule 130
Milan Zver (PPE) , Romana Tomc (PPE) , Patricija Šulin (PPE) , Franc Bogovič (PPE)

At a retrial, the District Court in Ljubljana has acquitted Milko Novič of the murder of Chemical Institute director Janko Jamnik. The acquittal was expected as German experts had previously found that Novič could not have committed the crimes he was charged with. The judge pointed to the possibility of links with another planned murder at the Chemical Institute, where, he said, poisons, drugs and explosives were produced.

In delivering his ruling, judge Zvjezdan Radonjić said that during the procedure he had come under severe pressure because he wanted to ensure a fair trial. This is alarming. Immediately after the first sessions, pressure began to be put on the President of the District Court, Marjan Pogačnik, to discipline him and ensure that he ruled ‘as necessary’. Apparently, even the head of the Specialised Public Prosecutor’s Office, Harij Furlan, also proposed that the judge be punished.

According to the judge, the message this pressure was intended to give was clear: that, as a judge, he was not allowed to judge honestly. He is convinced that the pressure goes right to the top of the judiciary and that because he wanted to ensure a fair trial for Novič he will never be promoted. He expects to be suspended.

What action will the Commission take in response to this clear risk of infringement of EU values, given that it has brought proceedings under Article 7 TEU against Poland and Hungary for allegations of lesser infringements?