SDS will file the impeachment motion later today in accordance with the constitution and the procedures of the Constitution Act, said SDS MP Vinko Gorenak at today’s press conference. This is about “the illegal migrant Ahmad Shami.” The Ministry of Internal Affairs had issued a binding legal act concerning his deportation to Croatia. Gorenak pointed out that the court order is legally binding and cannot be dismissed by any party. It had been tested by the Administrative, the Supreme, the Constitutional, and the European Courts.
By making his statements, Prime Minister Miro Cerar has “directly interfered” with the act and ensured that the decision of a legal body will not be carried out. SDS believes that he has committed the offence of abuse of power and that he has enabled the party in question to receive illegal non-monetary gain.
“What Cerar has stated – that he will use another method, namely Article 51 of the Aliens Law – is illegal. He could have done that before the legally binding decision was made. This is crucial,” Gorenak stated.
SDS is considering filing a criminal complaint against Cerar, as the party has done against Zvonko Fišer and Aleš Zalar. “They are now in court – actually they aren’t, since they are avoiding the summons.” The MP added that the court order should be carried out. Shami would head to Zagreb, where his case would have to be heard. He would probably, based on his country of origin, be granted asylum. After the ruling, he would be free to move around the European Union, and he could come to Ljubljana if he feels comfortable in Slovenia.
Cerar: I categorically reject the charges
Cerar responded to the allegations in a press release. He stated that he has not received the letters of impeachment and cannot respond to the substance of the complaint, but that he will eventually do that. He stresses that there were no violations of the law in the Shami case. “First, let me say that I categorically deny the accusations. I have violated neither the constitution nor the law. Of course, I will prepare my response before the deadline and send it to the National Assembly.”
“I assure you this both as a constitutional lawyer and the Prime Minister,” he added.
Cerar stated that the SDS is using a “political maneuver” to disrupt the work of the government. He stressed that the government will continue its work without interruption until the end of its term.
He assured the audience that he never interfered with the processes being carried out by other bodies and that he did not overstep any bounds of authority. It is crucial that everyone respects the principle of law and order, and this happens to be the key message of this government’s term in office, concluded the Prime Minister.
Forty-six votes needed
The SDS is basing its claims on Article 119 of the Constitution, which says that the National Assembly can file a complaint against the Prime Minister or his ministers before the Constitutional Court for violating the constitution or the law. At least 46 MPs would need to vote for impeachment. Once decision is made by the National Assembly, the constitutional Court would determine if the Prime Minister violated the constitution. At least six of the nine judges would need to rule in favor of upholding the complaint.
Translated by J. B.