The Constitutional Court withheld the PC condition, PSS welcomes the decision, Koritnik regrets it

With seven votes in favor and two against, the Constitutional Court withheld a provision that would require employees of the state administration to meet the PC condition. The Police Union of Slovenia (PSS) welcomes the decision of the Constitutional Court and adds that the government should be the first in this country to respect the constitution. Meanwhile, Minister of Public Administration Boštjan Koritnik expressed regret, saying that he respected the court’s decision. Prime Minister Janez Janša attributes (co) responsibility “for further illnesses and deaths due to covid-19” to the “majority in the Constitutional Court”.

The Constitutional Court adopted the resolution by seven votes to two. Judges Klemen Jaklič and Marko Šorli voted against, announcing dissenting opinions. ) According to the Constitutional Court, part of the decree requires the head of a state administration body to take action against those employees who would not be exempted in the event of non-compliance with the condition of illness or vaccination (PC) in accordance with employment regulations. The decree does not specify these measures. This means that the head can carry out the procedures set out in the Public Administration Act or Labour Relations Act. The measure in accordance with the regulations on employment relations is also the termination of the employment contract. In view of this, it cannot be ruled out that disciplinary proceedings, as well as proceedings for termination of employment contracts, may be instituted against employees who do not meet the condition of illness or vaccination, the court finds. With regard to the irreparable harmful consequences that could result from the retention of the impugned Article 10a of the Decree, they took into account that the government did not justify that the new coronavirus would spread significantly faster and more widely among employees in state administration bodies than in the rest other groups of individuals who are even more exposed to risky contacts in terms of their employment. The Government’s contention that the contested measure is the only one enabling workers to be guaranteed a safe and healthy environment cannot therefore be followed. It cannot be inferred from the Government’s submissions that the functioning of the state administration would be so endangered that a stricter condition for the performance of work should be established, the court finds. If the impugned Article 10a were to be enforced, but would later turn out to be unconstitutional or illegal and would be annulled or repealed by the Constitutional Court, harmful consequences could arise for those employees in the state administration who do not meet the PC and they would not be subject to the exceptions provided for in the contested article. According to the Constitutional Court, it cannot be overlooked that any vaccination is, by its nature, a permanent and irreversible measure for an individual, which can occur against the will of the individual in the event of a requirement to meet the PC condition. In those circumstances, the Government’s argument that the contested provision constitutes a measure of a temporary nature is also irrelevant. In view of the above, in the opinion of the Constitutional Court, it cannot be confirmed to the Government that the consequences of suspending the implementation of the impugned provision would be more severe than the consequences that would arise if the impugned provision were enforced. The PSS welcomes the decision, Koritnik regrets The Police Union of Slovenia (PSS) welcomes the decision of the Constitutional Court. “First of all, that it addressed our initiative and prevented the government from interfering in human rights and freedoms. Both the rights of police officers, other employees in the state administration and all citizens. This decision sets a mirror to the government of the Republic of Slovenia, because of the actions we are witnessing a decline in fundamental rights and democratic standards. Political power should be the first in the country to respect the constitution, “ said the union president ) Rok Cvetko at today’s press conference. They added that they expect that “after this decision of the US, the government also decides in advance more thoughtfully, and above all in the spirit of social partnership decides on the rights of all in the Republic of Slovenia.” At the same time, they expressed the expectation that the final decision of the US will be the same as today.

Minister of Public Administration Boštjan Koritnik said at a government press conference that he regrets today’s decision of the US, but at the same time emphasizes that he will respect it. “The condition in the state administration will not apply from tomorrow. Today’s decision is a temporary suspension, not a final decision,” stressed. “No one will convince me that there would be no protests like there were yesterday if the PC and PCT conditions did not apply.” “We all need to look in the mirrors. Now we need to look at the situation from all possible angles, and calm things down, not add fuel to the fire. We need to sit down, together with the profession and seriously discuss further steps, ” said the minister, noting that both he and his associates have received several death threats in recent days. “It’s the same with the profession and those who dare to expose themselves. Obviously, our lives are worth less.” He also rejected allegations that the government did not consult with the profession regarding the introduction of the PC condition. According to the minister, the truth is that the PC condition for the entire country was advocated by the profession. He announced that until the final decision of the Constitutional Court, he will not be available for guest appearances in news broadcasts and for statements. “Because I want to look for solutions, not build a media image.” The Minister of the Interior Aleš Hojs also responded to the court’s decision, writing on the social network that were “two legal experts”. again in the minority against seven epidemiologists of the Constitutional Court. “ Meanwhile, LMŠ is convinced that their warnings regarding the introduction of a government decree on the PC condition for employees in the state administration were justified. “In our view, the introduction of the PC condition, as proposed by this government, means de facto compulsory vaccination for all government employees who have not recovered from covid-19. However, this cannot be done by the government. Such a requirement as compulsory vaccination should be defined in the law, more precisely in the Infectious Diseases Act, and most importantly – in our opinion, such a measure should be decided primarily by the profession. “ “The majority in the Constitutional Court is co-responsible for anyone who falls ill or dies in Slovenia in the future as a result of a new coronavirus infection due to the further spread of the virus, which is mainly due to the under-vaccination of the population.” was written by the Prime Minister Janez Janša at today’s decision of the Constitutional Court. Janša also published Jaklič’s announcement that this was another “in a series of decisions of this composition, which simply cannot be consistently explained by legal arguments and within the framework of the constitutional court doctrine on detentions” . In today’s decision of the Constitutional Court, they emphasized that “government decrees which encroach on human rights and which are adopted from today to tomorrow, and which are still non-vital and full of ambiguity, are unacceptable and however, the reason for low vaccination coverage should be sought by the government in inadequate communication, which introduces additional confusion and increases public distrust “. The SD also pointed out that all previous decisions of the Constitutional Court show that human rights cannot be encroached upon by decrees. “This is new evidence of the government’s unconstitutional conduct,” stated in the record. As they wrote, the Constitutional Court has never before recognized the decision of any government as unconstitutional or retained it, so it is necessary that the period of the current government ends. The response of the SAB party is similar. “Another slap in the face to a government that does not respect the laws and rights of individuals,” tweeted, adding that neither government nor plays tricks on legislation and the National Assembly. “Since the government does not have a majority in the National Assembly, the only right way is to resign,” believe. Protesters also gathered in front of the Constitutional Court in the morning.

Due to the PC condition, several constitutional initiatives have been filed Due to the PC condition in the state administration, several constitutional initiatives have been filed. As previously reported, the Constitutional Court has already received more than 250 petitions from individuals from the state administration challenging the government decree. The Constitutional Court, meanwhile, has announced that it will consider certain initiatives to review the constitutionality of the above-mentioned government decree as an absolute priority. Namely, the government has decided that from 1 October, employees in the state administration who want to work at the employer’s premises will have to meet the condition of getting sick or vaccinated, while TT, ie testing, will be excluded from the so-called PCT condition. This condition will apply to the narrower state administration (ministries, constituent bodies, inspections, police, army and administrative units), and not to the entire public sector. A few protesters gathered in front of the Constitutional Court this morning during the hearing of the request, opposing the introduction of the PC condition in the state administration. Police are guarding the area from the entrance to the court, which has fenced it off. PSSJS: The introduction of the PC condition only for the state administration would be an arbitrary and disproportionate measure In the Negotiating Group of Representative Public Sector Trade Unions (PSSJS), they substantially support all measures aimed at protecting and safeguarding health, but are convinced that “a change in the PCT condition in the PC for state administration with adopted by government decrees recklessly, and the manner in which this condition is enforced is unclear and illogical “. “The introduction of the PC condition only for the state administration was an arbitrary and disproportionate measure that puts civil servants in an unequal position and introduces a lot of unrest and dissatisfaction among a large part, not only employees in the state administration. , but also more broadly. At the same time, it puts both workers and employers or their superiors in distress, “ they wrote in an open letter to the government and the Minister of Public Administration. They added that no trade unions had been consulted on the measures imposed.

They drew attention to the fact that some provisions of the government decree have extremely weak legal bases, as a result of which workers and employers are exposed to exceptional legal risks associated with the implementation of the said decree. “It is completely incomprehensible that in one and a half years the government has failed to provide an adequate legal basis for the adoption of measures to limit the epidemic, while respecting the principle of separation of powers and limiting arbitrary decisions,” are convinced. “In the case of measures which directly or indirectly infringe on the rights of citizens, workers, and in activities related to the protection of the health of citizens, the government should be the first to act particularly responsibly and to enforce them unconditionally in a lawful manner. , primarily by providing appropriate legal bases for their decisions or measures, “ write and add that a series of measures that do not have an appropriate legal basis is unacceptable and at the same time incomprehensible, as it diverts attention from content that is even more important to a form that they consider illegal. “The decree is valid until its eventual annulment or repeal by the Constitutional Court, so we hope and expect that the Constitutional Court will suspend the implementation of the disputed decree before October 1, 2021,” wrote and warned that the possible implementation of the decree in the direction of permanent changes in the employment situation of workers could cause irreparable damage. “In view of the above, we also call on the government to, if its sincere with a view to protecting citizens, to withdraw the disputed decrees without delay and to enforce measures to protect and safeguard citizens in a lawful and constitutional manner, in full respect of the separation of powers, “ called. Note: This article have been indexed to our site. We do not claim ownership or copyright of any of the content above. To see the article at original source Click Here

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