OECD Working Group on Bribery is concerned about potential political interference by legislative branch in independence of judiciary in Slovenia

The OECD Working Group on Bribery is concerned by a request, issued by the National Council of the Republic of Slovenia, to open a parliamentary inquiry into corruption prosecutions of a current member of the National Council. The National Assembly, the upper chamber of the Slovenian Parliament, launched the inquiry to investigate what have been alleged to be political motives of the prosecutors and judges involved in these cases.

The OECD Working Group on Bribery is concerned that the parliamentary inquiry might constitute direct pressure on and interference with the work and functioning of the judiciary. The Working Group notes that this may also affect Slovenia’s ability to fully meet its obligations under the Anti-Bribery Convention, in particular under Article 5 on independent investigations and prosecutions. Slovenia made a commitment to all members of the Working Group on Bribery that it would adhere to the fundamental values of democracy based on the rule of law and the separation of powers.

On 12 September 2019, the Office of the State Prosecutor General and the Judicial Council filed a joint petition with the Constitutional Court to review the constitutionality and legality of this specific parliamentary inquiry. The decision of the Constitutional Court is still pending.

The Working Group will continue monitoring the situation and may consider further appropriate steps. Slovenia will provide an update to the Working Group on the status of this inquiry in December 2019.

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