Janša Initiates Administrative Dispute

The President of the Slovenian government, Janez Janša, will initiate an administrative procedure due to the report of the anti-corruption commission which suspects him of corruption and conflict of interest, announced Janša’s Slovenian Democratic Party (SDS).

The anti-corruption commission concluded in its final report last week regarding the assets of Janša and Ljubljana Mayor Zoran Janković that they systematically and repeatedly violated the law on combating corruption and the integrity of state officials. According to the report, these two politicians could not explain the difference between their reported incomes and the actual state of their assets and financial resources, which both deny.

Although this is not a criminal finding or a court ruling, but a conclusion of a state body responsible for verifying the asset declarations of officials, the compromising report has led to calls for Janša’s and Janković’s resignation from all positions on moral grounds, thus triggering a political crisis.

There is no possibility of appeal against the report, but some legal experts have warned that Janša and Janković, regardless of possible resignations, could attempt to contest it in an administrative procedure. Slovenian media mostly assess that Janša will not decide to resign, but will wait to see if three parties will leave the coalition, as announced. The government could then continue to operate as a minority, although it would be very unstable.

According to the Slovenian Constitution, the parliament can vote on the resignation of the government and its president only at their request. Otherwise, for crisis situations, the constitution also provides for the institution of constructive distrust of the government. This is the possibility for a new majority to propose its candidate for prime minister. If such a candidate receives a majority of votes from all representatives in a secret ballot, this automatically means a vote of no confidence and the departure of the incumbent prime minister.

Such an outcome in Slovenia has only occurred once before, in the spring of 1992, when the coalition led by then Prime Minister Alojz Peterle collapsed, who was succeeded by Janez Drnovšek.