Primer Jaklič: DZ pravi, da za obravnavo takšnih zadev ni pristojen
Potem ko je Komisija za preprečevanje korupcije (KPK) prejšnji teden Državnemu zboru odstopila prijavo zoper ustavnega sodnika Klemna Jakliča, se je zaplet še poglobil. Prijavo, ki se nanaša na domnevno nezdružljivost funkcije sodnika z njegovim pedagoško-raziskovalnim delom, so iz KPK odstopili, saj menijo, da niso pristojni za njeno obravnavo. Pojasnili so, da za ustavne sodnike velja Zakon o Ustavnem sodišču (ZUstS), ki ureja nezdružljivost funkcij, in ne Zakon o integriteti in preprečevanju korupcije (ZIntPK).
Mandatno-volilna komisija Državnega zbora (DZ), kamor je prijava nato prispela, je prav tako izjavila, da ni pristojna za obravnavanje takšnih zadev. Janja Sluga, poslanka in predsednica Mandatno-volilne komisije, je poudarila, da je DZ odgovoren samo za obravnavo vprašanj nezdružljivosti funkcij svojih članov na podlagi Zakona o poslancih. Dodala je, da delitev oblasti zahteva neodvisnost in samostojnost posameznih državnih organov pri izvajanju nalog znotraj njihovih pristojnosti.
“V skladu z načelom delitve oblasti je vsak organ samostojen in neodvisen pri izvajanju nalog s svojega delovnega področja. Državni zbor ni pristojen organ za izvajanje določb o nezdružljivosti ne po ZIntPK, ki to področje sistemsko ureja, ne po ZUstS, ki ureja nekatere primere nezdružljivosti za ustavne sodnike,” je zapisala Sluga.
Delno neskladje
KPK je v svojem odgovoru izpostavila ključno odločbo Ustavnega sodišča iz leta 2007, ki je presodila, da je Zakon o nezdružljivosti opravljanja javne funkcije s pridobitno dejavnostjo (ZNOJF-1) delno v neskladju z ustavo. S to odločbo so bile pristojnosti KPK kot samostojnega organa prenesene na Državni zbor (DZ), kar pa je ustvarilo pravno negotovost glede nadzora nezdružljivosti funkcij v javnem sektorju.
Ustavno sodišče je takrat razveljavilo del zakona, s čimer je odpravilo samostojnost KPK v nadzoru nad javnimi funkcijami in določilo, da morajo te naloge prevzeti komisije sestavljene iz poslancev DZ. Sodniki so ugotovili, da takšna koncentracija nadzornih pristojnosti pri DZ ni v skladu z načelom delitve oblasti, saj ogroža neodvisnost funkcij kot so ustavni sodniki, varuh človekovih pravic ali člani Računskega sodišča.
Janja Sluga, opozarja na sistemski zakon o integriteti in preprečevanju korupcije, ki je bil uveden z namenom ustvarjanja jasnih in medsebojno povezanih pravil glede nezdružljivosti funkcij. Ta zakon omogoča, da pristojnosti glede nezdružljivosti ostanejo znotraj KPK, razen v primerih, ki jih posebej urejajo drugi zakoni.
“Pristojnost KPK za odločanje o nezdružljivosti funkcije s pridobitno dejavnostjo tako po našem mnenju vključuje uporabo sistemskega in posebnega zakona,” je dodala Sluga. Ta ureditev prinaša večjo pravno jasnost in zmanjšuje tveganje za konflikte, ki bi lahko nastali zaradi neustreznega nadzora nad izvajanjem javnih funkcij.
V odgovoru KPK je tako poudarjeno, da mora biti nadzor nad nezdružljivostjo funkcij jasno razdeljen med različne državne organe, pri čemer je treba spoštovati načelo delitve oblasti, kot ga zagotavlja Ustava.
[Vir: 24ur]; Portal24; Foto: DZ Katja Bidovec
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