Amid growing criticism from the EU institutions facing the Slovenian government and its leader Janez Janša over alleged violations of fundamental human rights such as the right to freedom of expression, assembly and especially freedom of the media, new problems are emerging. appear on the horizon.
According to Slovenian media reports, the European Court of Human Rights (ECHR) has received a claim against Slovenia for an alleged violation of the right to a fair trial. The case concerns the failure of Constitutional Court Judge Roc Čeferin to exclude himself from a case, the STA has learned from the State Attorney’s Office.
The State Attorney’s Office said it had received Kodrič’s application against Slovenia from the EHCR two weeks ago, but could not reveal any other details.
However, STA has learned from an unofficial source that the ECHR has proposed that Slovenia reach a settlement with the plaintiff.
The case concerns the Slovenian Chamber of Advocates’ rejection of Peter Kodrič’s application to be licensed as a lawyer in 2014.
Kodrič appealed to the Administrative Court and the High Court, both rejecting his appeal. Finally, he appealed to the Constitutional Court, which rejected his petition in November 2019.
However, it was late last year that fereferin informed his fellow Constitutional Court judges that he had inadvertently failed to exclude himself from the Kodrič case.
He should have given up on himself as he was a member of the Advocacy board that decided on Kodrič’s application in 2014.
As Kodrič referred the case to the ECHR, the Constitutional Court said last month that it would now reconsider his request without including Čefer.
The Constitutional Court also stated that it had meanwhile reviewed its internal oversight procedures to prevent errors regarding judicial exclusion.