Ljubljana related

30 Sep 2020, 18:26 PM

STA, 30 September 2020 - EU members backed a proposal tabled by the German EU presidency to peg respect for the rule of law to the union's funds, which should enable the start of talks on the over EUR 1.8 trillion budget and coronavirus recovery package with the European Parliament. Unofficial information suggests that Slovenia is among the supporters.

For Slovenia, the German proposal is a solid basis which could lead to a balanced compromise, a Slovenian source said yesterday.

The German presidency presented the compromise, which is based on the decisions taken by EU leaders in July, on Sunday and it was endorsed today.

In July, EU leaders came under fire for allegedly yielding to Hungary and Poland's pressure not to tie receiving EU funds to respecting the rule of law.

Slovenia was said to have sided with the two members, but Prime Minister Janez Janša said it only wanted the same standards to be used for all member states.

The German proposal is seen as further watering down the European Commission's draft regulation on the protection of the EU's budget if deficiencies regarding the rule of law are detected in member states, a document from May 2018.

It defines more loosely the deficiencies which could be sanctioned with the freeze of EU funds, focussing on financial management of the budget and on the protection of the EU's financial interests.

Unofficial information indicates that Hungary, Poland, Sweden, Finland, Denmark, the Netherlands and Belgium voted against, while Austria and Luxembourg abstained.

Slovenia's stance has been all along that the EU's 2021-2027 budget and the recovery fund should start being implemented as early in 2021 as possible, which the country believes is in the strategic interest of both Slovenia and the EU.

This is why a deal on the draft regulation and on the other pieces of legislation needed to kick-start their implementation are needed as soon as possible.

The draft regulation is one of the toughest nuts to crack in the talks on the bloc's seven-year budget worth EUR 1.074 trillion and the recovery fund worth EUR 750 billion.

Poland and Hungary - against which a procedure for alleged violations of the rule of law has been launched - have threatened to block the budget and the recovery fund if no solution is found to the rule of law.

Some western and northern members meanwhile insist on a strong link between EU funds and the rule of law; delaying the implementation of the recovery package would means lower spending.

23 Sep 2020, 11:50 AM

STA, 22 September 2020 - Foreign Ministry State Secretary Gašper Dovžan stressed the importance of member states remaining united in conducting Brexit negotiations with the UK as he attended a meeting of EU affairs ministers in Brussels on Tuesday. He warned that the internal market bill was a grave violation of the UK's requirements stemming from the Brexit agreement.

Dovžan moreover said that all the ministers agreed a deal between member states and the European Parliament on the EU's future budget and the recovery fund was necessary as soon as possible.

Discussing the coordination of anti-corona restrictions among EU countries, the state secretary pointed out that it was up to individual member states to impose precaution measures.

He moreover urged the measures to protect public health but also ensure that the internal market and the four freedoms were as unrestricted as possible. A few more rounds of negotiations are needed to reach an agreement on joint guidelines, he added.

22 Sep 2020, 12:03 PM

STA, 21 September 2020 - Foreign Minister Anže Logar, who attended a session of the Foreign Affairs Council in Brussels on Monday, told reporters after the session that the EU's new migration pact was eagerly anticipated and that Slovenia would continue to oppose mandatory distribution of migrants, which the country made clear in June.

"We are anxious to see the proposed package, but it is difficult to comment on individual solutions before it is unveiled. We know roughly which way the solutions will go, but this is a very complex matter and the changes are very comprehensive, so I do not dare to comment any further at this point," Logar said after the ministerial, responding to a journalist question about whether Slovenia was happy with the planed solutions.

Seven EU members, including Slovenia, addressed a letter to the European Commission in June, expressing their resolute opposition to compulsory redistribution of migrants among EU member states. The letter was signed by Slovenia, all four Visegrad countries - Hungary, Poland, the Czech Republic and Slovakia, as well as Estonia and Latvia.

Logar said today the letter made Slovenia's views very clear. "I think the arguments that Slovenia will use in this debate will go along those lines in the future as well," he said.

Asked whether Slovenia would support the new pact, he said that it was impossible to say exactly which way the debate would go at this point.

The new migration pact that the Commission will unveil on Wednesday is expected to be based on a mechanism of obligatory solidarity, which is to include transferring migrants in close connection with returning illegal migrants.

The new approach is said to be more flexible than the solutions which have been on the table so far and which member states failed to find common ground on.

The initiator of the new pact, European Commissioner for Home Affairs Ylva Johansson, has said that all 27 members states are ready to make concessions.

Logar agrees that a compromise will be found but he stresses it will be within the frameworks of what countries find acceptable.

The Slovenian foreign minister noted this package would be discussed during the German-Portuguese-Slovenian presidency. If no agreement is reached during Portugal's stint, Slovenia will lead the debate, so Logar discussed the matter today with his German counterpart, and the French foreign minister in Paris on Sunday.

Asked about the upcoming report on the rule of law in EU countries, which the Commission is to release on 30 September, Logar said Slovenia was looking forward to the debate on the rule of law and would take active part in it, so that the bloc would have a credible, transparent and fair overview of the situation.

The report will open a dialogue and a quest for a model that would offer an overview of the situation in EU countries in the future as well, Logar said in an on-line press conference.

He added the EU's drawing up the report was a smart way of overcoming the impasse following alleged violations of the rule of law in Poland and Hungary.

Logar also held courtesy meetings with Executive Vice President of the European Commission Frans Timmermans and European Commissioner for the Environment Virginijus Sinkevičius. He presented them Slovenia's priorities for the upcoming EU presidency from green technologies to water diplomacy.

17 Sep 2020, 12:06 PM

STA, 15 September 2020 - Foreign Minister Anže Logar told the press on Tuesday that the government had unanimously and without debate endorsed a response to the EU Commission's draft opinion on the rule of law situation in Slovenia, after it came under renewed criticism in the press for its stance on the rule of law in the country.

Logar's statement comes after the newspaper Delo reported that the Commission's draft report on the rule of law in Slovenia is relatively favourable. However, the paper says the government paints the situation in a considerably more negative light in the document sent to Brussels.

The response was drawn up at the Foreign Ministry, according to unofficial information, and endorsed by the government at a correspondence session on Friday.

The government points out that Eurostat data do not back the Commission's arguments about greater efficiency of Slovenia's state attorneys, according to Delo. Moreover, the government is critical of the draft urging additional financial and human resources for the judiciary.

The government also criticises the media, in particular what it sees as "activists of the political struggle" who are not investigative journalists, and points to an above-average number of those who are employed as artists and journalists in Slovenia.

The Commission's draft report meanwhile says that there are no appropriate measures regulating a conflict of interest in media in the country, for example between political parties and media owners, which appears to be a reference to media controlled by the ruling Democrats (SDS).

Meanwhile, the government believes the Commission has overlooked the issue of ethical pluralism in post-transitional societies.

The response to the draft opinion also mentions suspected abuse of the anti-graft watchdog for political purposes, says Delo.

Violations of the rights to defence have occurred during the Commission for the Prevention of Corruption (KPK) procedures, claims the government, adding that such seemingly minor shortcomings led to serious political consequences in the past, such as the toppling of a government.

The KPK responded by dismissing the allegations, highlighting that the watchdog was an independent body that was not and would not be influenced by individual political interests. It moreover said that the government had not acquainted it with the response.

Logar, speaking at a press conference after hosting his counterparts from the informal Central 5 (C5) initiative, said that there was still room for improvement in tackling corruption in Slovenia. The government will do all it can to speed up procedures against major acts of corruption, he said.

Justice Minister Lilijana Kozlovič said that the Commission's draft opinion was an opportunity for dialogue on the actual state of judiciary within Slovenia.

The minister said that she had endorsed the report, which she sees as a stepping stone to dialogue between Slovenia and the Commission as well as a set of guidelines for the country to improve its judicial system.

She said the government's response was produced by the Foreign Ministry in line with set methodology and agreements at the EU level.

A task force reviewing and presenting the situation in judiciary is in the works at the Justice Ministry, she said. It will feature representatives of the Supreme Court, Foreign Ministry and Justice Ministry "as well as perhaps external experts".

Kozlovič said that the contents of the report and of the government's response were not yet publicly revealed. The EU draft opinion indicated that the report would be "positive to a certain extent", but "it is not favourable at all".

In May, when Logar's comments attached to a report filed by Slovenia for the Commission's first annual rule of law report sparked strong reactions, Kozlovič said that Logar's letter was not the government's position and that her stance on the situation was positive.

In the wake of the government's latest response to the Commission's report, opposition parties said today that they had not been acquainted with the response since it was an internal document.

The Alenka Bratušek Party (SAB) warned that this was not Logar's first letter to besmirch the reputation of Slovenia's judiciary abroad.

The Left expects the latest report to resemble the May letter as part of distraction tactics of the current government.

The Marjan Šarec Party (LMŠ) said that Slovenia respected the rule of law, though this did not mean the situation could not be improved.

Slovenia received the Commission's draft report on the rule of law in the country in late August. Unofficially, a report for all member states will be released on 30 September.

The EU General Affairs Council is expected to debate the situation this autumn, with the report striving to strengthen dialogue between member states and EU institutions, and shared understanding of the rule of law, including with respect to the candidates for EU membership.

09 Sep 2020, 15:05 PM

STA, 9 September 2020 - Slovenia has lost another case targeting its neighbour as the General Court of the EU dismissed its appeal to annul the European Commission's delegated regulation that allows Croatian wine producers to use Teran, the name of a red wine protected by Slovenia, on their wine labels. The decision was met with frustration and blame game at home.

Under the derogation granted to Croatia in 2017, the designation Teran may be used to refer to a wine grape variety on the labels of wines produced in Croatia, but only for the designation of origin Hrvatska Istra and on condition that Hrvatska Istra and Teran appear in the same visual field and that the font size of the name Teran is smaller than that of the words Hrvatska Istra.

Slovenia had Teran, a red wine traditionally produced from the Refosk grape grown in the region of Kras, recognised as a protected designation of origin (PDO) in 2006.

In challenging the regulation, Slovenia raised its retroactive effect, alleging infringement of the second subparagraph of Article 100 (3) of Regulation No 1308/2013, which is the legal basis of the contested regulation, and infringement of the principles of legal certainty and the protection of legitimate expectations.

The third paragraph of Article 100 reads: "Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling agricultural products."

The second subparagraph says: "In order to take into account existing labelling practices, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down exceptions from that rule."

The court found that the Commission had indeed applied the subparagraph concerned retroactively - it took effect on 1 January 2014 - but said the regulation pursued an objective in the public interest, which made it necessary for it to be given retroactive effect.

It said the objective pursued by the contested regulation was "to protect legal labelling practices existing in Croatia on 30 June 2013" when the country joined the EU, and "resolve the conflict between those practices and the protection of the Slovenian PDO Teran".

The court also held that Slovenia failed to prove the Commission failed to have regard to the principles of legal certainty, the respect for acquired rights and the protection of legitimate expectations by giving retroactive effect to the contested regulation.

The court fully upheld the Commission's arguments that Teran was also a grape variety in Croatia so the exception was possible under EU rules to use the name without affecting Slovenian Teran wine producers, who preserve exclusive PDO rights.

The row over Teran goes back to spring 2013 when Slovenia removed Croatian wine carrying Teran labels from its store shelves. Croatia protested, calling for a joint cross-border protection of Teran, which Slovenia said was not possible because of different agroclimatic conditions in which the grapes are grown and wine produced.

Despite the ruling, the row may not be over yet, as General Court judgements may be appealed at the Court of Justice of the EU. Slovenia has two months to appeal, but it is not clear yet whether it will, with those responsible saying they would first need to examine the judgement before deciding on further steps.

Wine growers from Kras who produce Teran believe the government should appeal and will seek a meeting with PM Janez Janša to explain to him how they are affected by the judgement.

Agriculture Minister Aleksandra Pivec said the judgement would cause damage to Slovenian Teran producers with concerns that Croatian Teran could flood the Slovenian market, but also said the judgement needed to be respected.

Slovenian officials were quick to engage in a blame gave over who is responsible for the outcome, the second such after Slovenia lost its case against Croatia over its failure to implement the border arbitration award.

Foreign Minister Anže Logar criticised the Slovenian diplomatic service for "falling asleep", failing to react promptly on time in the preliminary procedure.

Announcing a debate in parliament on the matter and an examination of all activities pertaining to it, Logar raised the issue of "responsibility of those who opted for the legal action we lost".

"Let's remember another suit that we've lost. Lost suits certainly do not testify to active and confident foreign policy action that would improve the position, influence and reputation of foreign policy, rather the opposite," he said.

However, Dejan Židan, who served as agriculture minister at the time of crucial developments between 2010 and 2018, and who championed the idea to challenge the derogation in court, dismissed the allegation against him saying he was "proud" of action to protect Teran.

Returning the ball to the incumbent government, the Social Democrat said the government of the time had little chance to communicate within the European People's Party that key decision-makers came from, asserting that had Germany or Italy been in Slovenia's place the Commission "would never have adopted such a delegated regulation".

Similar frustration was expressed by Teran growers and experts involved in the case, who argued that Slovenia's arguments were sound, but the problem was politics and a lack of unity in Slovenia.

Regretting the development, parliamentary parties argued that experts should decide whether Slovenia should appeal against the General Court's decision. Many were critical of Židan, as well as a lack of unity among Slovenian political representatives.

Meanwhile, the Commission responded by saying that both Slovenian and Croatian wine producers can continue producing and selling their wines.

"The delegated regulation allows Croatian wine producers that had traditionally produced wine with Teran grape variety to continue labelling the wine with this name. However, it also introduces three conditions restricting the scope of the derogation and avoiding any sort of confusion between this wine and the Slovenian PDO wine Teran, reads a release from the Commission.

09 Sep 2020, 12:03 PM

STA, 8 September 2020 - The EU Commission has given a go-ahead for an investment worth EUR 80 million out of the cohesion fund to co-finance the new rail section from Divača to Koper, said the Commission on Tuesday. The funds will be spent on building a tunnel and two viaducts on the track, which is to improve rail interconnection.

The project would not only boost rail links in Slovenia but also support the internal market by strengthening economic and social cohesion, said European Commissioner for Cohesion and Reforms Elisa Ferreira as quoted in a press release.

"The new section is vital for managing the growing demand along the track and for linking the key corridor in the core network and maritime routes," said Brussels.

Ferreira pointed out that the EU's investment was necessary for strengthening rail links between Central Europe and port operator Luka Koper, with the latter being an important nexus of cargo and passenger traffic.

By switching from roads to railways, the project will moreover help reduce emissions and improve air quality in line with the Green Deal targets, which are also pursued by cohesion policy, said the Commission.

The price tag of the entire Divača-Koper project, the biggest publicly-financed construction project currently under way in Slovenia, is estimated at EUR 1.194 billion.

The investment will be financed from various sources, with Slovenia expected to invest the biggest share. The amount of state funding will depend on potential cooperation with another EU country along the corridor.

The project will be moreover funded by EU grants, loans by international financial institutions, commercial banks and SID Bank, the state-run export and development bank.

The National Review Commission has recently shortened the list of suitable bidders for the principal construction works on the rail section. While some bidders will reportedly be asked to supplement their bids, one bidder each from Slovenia, Turkey, China and Austria remain in play.

More details on the state of the project will be presented at a press conference of Infrastructure Minister Jernej Vrtovec scheduled for tomorrow.

05 Sep 2020, 10:34 AM

Donald Tusk Visits Slovenia, Says EU’s Fundamental Values Cannot Be Negotiated

STA, 4 September 2020 - Donald Tusk, the president of the European People's Party (EPP), visited Slovenia on Friday to honour the 20th anniversary of New Slovenia (NSi), underscoring that even though EU countries and EPP parties may pursue different interests, the EU's fundamental values such as freedom of speech, tolerance and the rule of law, are non-negotiable.

Tusk, the former Polish prime minister and former president of the European Council, is due to address the NSi anniversary ceremony in the afternoon, while he also met Prime Minister Janez Janša over a working lunch. Both the NSi and Janša's Democratic Party (SDS) are member of the EPP.

Addressing reporters in the morning, both Tusk and NSi leader Matej Tonin noted the significance of Europe and its fundamental values, emphasizing that the EU should remain united in the face of the many challenges and should overcome divisions between north and south and east and west. "We are all different, but there's no need that we are divided," Tusk quoted what he said Tonin often said.

"For me the most important criteria is our fundamental values (...) I will never negotiate values like freedom, freedom of speech, free media, tolerance, human rights, rule of law, corruption," Tusk said in response to several questions from journalists about the rift within the EU and the EPP.

Also when commenting on the developments in Poland and Hungary that prompted the European Commission's procedure over the allegations that the rule of law is at risk, Tusk insisted that when freedom was at stake, there was no room for negotiation.

He pledged to do all in his power so that the EPP can take a vote as soon as possible on expelling the Fidesz party of the Hungarian PM Viktor Orban. The vote was demanded in April by 13 EPP members, but has so far been prevented by the pandemic.

About the position of Slovenian parties he said that Janša and Orban were not just friends but close political collaborators and that the SDS was closer to Orban in the EPP than to him. However, he also said that there was pluralism in the EPP and that as long he had partners like Tonin by his side, he felt "confident about preserving our values and principles".

Asked about the assessment that under the SDS guide Slovenia's foreign policy was turning away from the old European core towards the Visegrad Four, Tusk said EU members had various interests and there was nothing contentious when they tried establish special relations with some countries, including China or Russia. But "the price must not be too high and we should never renounce our European values".

Tonin said his party's efforts throughout its 20-year history had been focused to benefit the homeland. "We understand centre ground as a political party that is capable of linking the left and the right for the sake of the homeland, we believe in dialogue and that by talking it is possible to overcome differences, achieve change and ensure progress and a better future for Slovenia."

Tusk lauded the NSi as "the hope not only for many Slovenians, but for the whole European Christian Democracy. "You have proven that an indeed not easy synthesis of tradition, modernity and freedom is possible. That one can defend their values and not attack others, that an ideal of an open and tolerant society is reconcilable with effective governance."

He congratulated Slovenia for coping well with the pandemic, thus demonstrating that "democrats can be more effective than autocrats also in the time of a grave crisis, and that one does not have to restrict freedom and rights in order to ensure safety and security of their citizens".

05 Sep 2020, 09:43 AM

STA, 4 September 2020 - Prime Minister Janez Janša dismissed at the annual meeting of Slovenian diplomats on Friday concerns Slovenia is drifting away from the EU's core countries, saying the "saga about a core Europe" was a false dilemma that testified a lack of confidence. However, Slovenia does not have an inferiority complex, added Janša.

"When we were deciding on EU accession in the referendum, we did not vote for an EU that would feature first- and second-class countries," Janša said in his address at Brdo pri Kranju.

"We believed in equality and equal standards for everybody," Janša added in the wake of debates that have included President Borut Pahor expressing concern over an emerging east-west divide in the EU and opposition criticism about Slovenia deepening ties with countries accused of regressing in terms of democracy, human rights and media freedom.

The prime minister said Slovenia was looking for various alliances in the EU, since the EU "is an alliance of compromises". Excluding certain alliances in advance would be imprudent, he argued.

Janša pointed out that Slovenia unsuccessfully backed the idea of so-called eurobonds to help finance Europe's recovery after the coronacrisis. The idea had strong support in Italy in Spain, hit the worst, he added, while stressing Slovenia would never forget that it was the Czech Republic that first came to Slovenia's aid with a shipment of face masks.

Continuing on the topic of the Covid-19 pandemic, Janša expressed hope a vaccine or cure would come soon. The forecasts are upbeat "but we are in for few more difficult months".

He hopes for a more harmonised EU approach to measures aimed at containing the virus, even though countries are again acting in a fairly individual fashion.

Janša was critical about the EU failing to coordinate reactions to the pandemic even at the level of experts. This is already happening the second time in a year. "But neither Slovenia nor other European countries can afford another lockdown of public life," he said.

Janša argued some time had been bought at the July EU summit and praised the fast reactions of European financial institutions as well as the IMF.

Europe is meanwhile also facing a tough future because of Brexit, which Janša labelled a strategic disaster that will hurt the EU for a long time to come. "We who are staying on will have bigger problems than those who are leaving," he added.

New balances are now being sought in the EU, but the coordination and search for joint decisions has not become easier because there is one member fewer, Janša argued.

Slovenia meanwhile remains a proponent of European coordination and a deepening of integration. It supports the expansion of the Schengen and euro areas.

It moreover supports enlargement to the Western Balkans. The stability of the region is of strategic importance for both the EU and Slovenia and EU membership prospects remain the best method in this respect, Janša said.

In the coming days the EU also faces discussions on Belarus and the oil- and gas-related territorial tensions between Greece and Turkey.

Janša said that given Slovenia's EU and NATO memberships there could be no dilemma as to which side Slovenia will take. It is necessary to share both the benefits and problems, while compromises must be sought too," he said.

04 Sep 2020, 11:09 AM

STA, 3 September 2020 - President Borut Pahor said he was concerned that an east-west divide could eventually emerge in the EU, as he addressed the 24th annual meeting of Slovenian diplomats at Brdo pri Kranju on Thursday. He said Slovenia had always built its national interest on strengthening the EU's unity, and hopes this remains the case in the future.

Even if the EU is in a certain crisis and deadlocked, these emerging divisions that can be noticed within the block are not in Slovenia's interest, he stressed.

"Where there used to be the Iron Curtain, there could be a kind of a Velvet Curtain in the future. I believe it's not in our interest for this to happen."

He said Slovenia's strategic foreign policy documents say the country wants to be part of the core of European integration and supports a deepened and expanded EU.

This does not mean Slovenia would not take part in various regional initiatives, which it always has, but always in a bid to strengthen the EU, not undermine it.

Pahor cautioned that "we should be careful, in particular if the crisis of EU development persists, that a new east-west divide does not emerge", arguing this would be a different kind of divide than other differences EU members have.

Pahor is convinced that just like every time before, Germany and France will find a solution to break the deadlock and strengthen unity, and Slovenia should be part of this.

The president is happy Foreign Minister Anže Logar has invited France's Foreign and Europe Minister Jean-Yves Le Drian to the annual meeting of diplomats, so he is looking forward to hearing what he has to say about the EU and its future on Friday.

He would also like more efforts to be made "for a conference on the EU's future", so that we arrive at solutions to secure "the EU's renaissance".

Pahor moreover strongly supported multilateralism, which he said needed some improvements, which must be made in dialogue and by consensus.

He also urged staying "committed to the goals of the Paris Climate Agreement, the Iran nuclear deal, the Istanbul Convention, the Marrakesh Declaration", which he said "gives Slovenian foreign policy credibility".

He highlighted the role of transatlantic relations: "It is of utmost importance that there is a close alliance between Europe and North America which goes beyond a mere military alliance".

In global relations, also when it comes to Russia and China, Slovenia "is not seeking a balance between Russia and the US", he said.

"The US is our ally. Of course we want to have good relations with Russia. And with China. But the US is our ally and in this sense our privileged partner," he said.

Here Pahor labelled the recent visit by US Secretary of State Mike Pompeo to Slovenia "a magnificent thing".

As for relations with neighbouring countries, he said they should be frank and amicable, while it takes foremost honest dialogue to resolve the open questions.

The president completed his address by urging diplomats to be active.

"We cannot be in a position when we are just taken by the flow of history, we have to be part of that flow," he said, recalling the period 30 years ago when Slovenia was seeking independence.

Commenting on Pahor and Logar's addresses, Foreign Ministry spokesperson Aleksander Geržina assured the pair had not talked about opposing guidelines, but about complementary ones.

While Pahor focussed on the fear of a potential east-west divide, Logar announced changes to Slovenia's foreign policy by refreshing strategic documents and intensifying cooperation with Central European countries, foremost in the area of infrastructure modernisation.

"I think the president and the foreign minister complement each other. There are no such major differences between the east and the west as could be seen in reactions in the media and domestic politics," Geržina told the press at Brdo pri Kranju.

He indicated that debates on stronger divisions between eastern and western EU members were en exaggeration. "Germany and France also have different stances. But in fact we speak about the same things."

He also said that at the July summit the EU showed unity by adopting "a solidarity package" for post-Covid recovery in just five days. "The European Council had not been able to adopt something like that in just five days for several years."

"I believe it is in the common interest of the European east and west for the EU - which is the best story of this continent in history - to go on. In this story, we want to put Slovenia beck into the international arena," said Geržina.

Asked whether the French foreign minister's attendance at the diplomats' meeting was an attempt to balance the line-up of this year's Bled Strategic Forum, which was attended by prime ministers and presidents of East European countries, Geržina rejected the speculation.

"He said this group of countries ... did present a group with a kind of a common view of the Covid-19 situation, which resulted in a kind of closer cooperation and also the Slovenian government and the new foreign minister's awareness that this group of countries, which also includes Bavaria and Croatia, is the most important from the aspects of history, culture, politics and economy."

As for Janša siding with Poland and Hungary at the July summit in opposition the idea to peg coronavirus recovery funds to the respect of the rule of law, Geržina said "this time we showed solidarity with the two countries, perhaps sometime in the coming months we will show it with some other countries from the core EU."

He said that as an EU member Slovenia tries to understand the grievances of all EU members. "There is nothing final here. We try to react to discussions in the EU and to be more proactive in them then [Slovenia was] before."

04 Sep 2020, 11:04 AM

STA, 3 September 2020 - By seizing European Central Bank (ECB) documents from the Slovenian central bank in an investigation of the 2013 bank bailout, Slovenia breached provisions of EU law that grant the ECB special immunity, an advocate general at the Court of Justice of the EU said in her opinion in a case brought against Slovenia by the EU Commission.

Advocate General Juliane Kokott said that by seizing communication and electronic documents from the premises of Banka Slovenije in 2016 without first coordinating with the ECB and securing a court decision, Slovenian law enforcement breached Articles 2, 18 and 22 of Protocol No. 7 on the Privileges and Immunities of the European Union.

After it seized the documents, Slovenia neither substantiated which documents are necessary for the national criminal procedure nor returned the remaining documents which constitute protected archives of the ECB, reads the opinion, which was presented at the court on Thursday.

The 21-page opinion, which is not binding on the court, thus upholds both claims made by the European Commission in the lawsuit against Slovenia.

Summing up the gist of the opinion, Advocate General of the European Court of Justice Gerard Hogan said that the court must now "resolve the tension" between the Union's interest in preserving the ECB's independence and the interest of member states to conduct effective criminal investigations.

The procedure is seen as an important precedent in that it raises important questions about the relationship between national authorities and EU institutions.

The protocol on privileges and immunities is rarely the subject of a legal dispute and the case could help clarify the circumstances under which immunity of Union archives applies. However, it remains unclear whether the court will deliver a final judgement at all.

Slovenia has so far rejected all allegations and a Slovenian legal representative said after oral arguments in June that the court's questions had indicated a favourable disposition towards Slovenia's arguments.

But just days before that, Prime Minister Janez Janša wrote a letter to European Commission President Ursula von der Leyen inquiring about the conditions under which the Commission would be willing to withdraw its lawsuit.

In July Janša clarified that an agreement on withdrawal might involve ECB representatives coming to Slovenia and making it clear which of the seized materials constitute ECB archives. Slovenian law enforcement would have to agree on that.

The court says it does not have information about a possible withdrawal of the suit. Unofficial information from the Slovenian side indicates there have been no new developments in this respect. The lawsuit may be withdrawn at any point before the court hands down its ruling.

Commenting on the advocate general's opinion, Slovenian Justice Minister Lilijana Kozlovič said the opinion constituted "neither victory nor defeat since the case is a precedent".

"Regardless of the outcome, we will finally know what constitutes ECB archives, which has so far not been entirely clear," said the minister, noting that she could not comment in greater detail since the ministry had not yet received the opinion.

Asked whether Janša had been unsuccessful with regard to the possibility of a withdrawal of the lawsuit, Kozlovič said the court procedure was running independently while parties to the proceedings had other legal avenues at their disposal as well.

The Slovenian central bank would not comment, saying it was not a party to the proceedings. The Supreme State Prosecutor's Office would not comment at this point in the proceedings.

Janša meanwhile said on Twitter that the "abuse of the police directed by the [Social Democrats] SD party in the clash with [Banka Slovenije] Governor Jazbec has not worked out". He added that such abuses always shed bad light on the country.

The European Commission, on the other hand, expressed satisfaction with the advocate general's position.

"This follows the Commission's decision to refer Slovenia to the Court of Justice of the EU for the violation of the inviolability of the archives of the Union and the duty of sincere cooperation in the context of the seizure of ECB documents that took place at the Central Bank of Slovenia," the Commission said.

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