Open letter to European Commissioner Didier Reynders: Before discussing the rule of law with Ms. Tanja Fajon, please clarify to yourselves which branch of government the prosecution belongs to. The answer may shock you

Didier Reynders in Tanja Fajon.

Dear Mr. Didier Reynders,

please, accept my apology first for wasting your precious time. But I will be brief.

Recently, Tanja Fajon, MEP and interim president of the Slovenian Social Democrats (SD), was bragging that you and her chatted about the rule of law in the EU member states. You will probably agree that one of the fundamental principles of the rule of law is the right division of power into legislative, executive and judicial branches.

I’m afraid Ms. Fajon doesn’t understand that. Regarding the controversy between the Prime Minister and the Prosecutor General, she said at a press conference that it was an attack on independent institutions and a gross interference in other branches of government. Ms. Tanja Fajon therefore believes that the prosecution does not belong to the executive branch, but to the judicial branch. I hope that you, as European Commissioner, do not share her view, otherwise I will be really concerned about understanding the rule of law.

I must emphasize that the Slovenian Constitutional Court also shares my opinion (HERE) that the prosecution does not belong to the judicial branch of power, but to the executive branch of power. »Given the constitutional content of the state prosecutor’s office, within which the prosecution of perpetrators of criminal offenses is carried out in the name of the state and in the public interest as a repressive activity of the state, the state prosecutor’s office is part of the executive branch,« the Constitutional Court of the Republic of Slovenia said.

Ms. Tanja Fajon was also bragging that you two agreed on the need to discuss the state of the rule of law in Slovenia. I also agree with this and look forward to an open debate. I am only asking you to first clarify with Ms. Fajon which branch of government the prosecution belongs to, and only then start a campaign for a debate on the state of the rule of law. And please, no offence intended.

I hope I didn’t take too much of your time.

Best regards,

Jože Biščak, editor of the Demokracija magazine