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Will the Constitutional Court get the seal of the ECHR for the abduction of RTV?
Slovenia🏛️ PoliticsLean Progressive10 hr. ago

Will the Constitutional Court get the seal of the ECHR for the abduction of RTV?

Former President of the Program Council of RTV Slovenia, Dr. Peter Gregorčič, has filed a complaint with the European Court of Human Rights (ECtHR) regarding the premature termination of his mandate due to changes in the RTV Slovenia law. The legal action was prepared by constitutional lawyer Dr. Matej Avbelj and alleges five violations of the European Convention on Human Rights, primarily focusing on the lack of effective judicial protection and excessive procedural delays by the Slovenian Constitutional Court. The complainants argue that their four-year mandates were terminated directly by legislation without individual decisions, and that the Constitutional Court failed to verify specific reasons for this removal despite marking the case as absolutely urgent. They further contend that the court took nearly three years and seven months to decide, rendering any potential remedy ineffective after the mandate had already expired, while also failing to hold a public hearing as requested by both the government and the petitioners. The complaint cites precedents such as 'Baka v. Hungary' and 'Gzęda v. Poland' to support the argument that European guarantees protect independent public机构

Former head of the program council at Slovenia’s public broadcaster, Dr. Peter Gregorčić, filed a complaint with the European Court of Human Rights (ECHR) on Tuesday, challenging the country’s Constitutional Court for failing to provide effective judicial protection. The complaint, drafted by constitutional lawyer Dr. Matej Avbelj, alleges five violations of the European Convention on Human Rights stemming from the premature termination of Gregorčić’s four-year term. The pair argued that the domestic court allowed political conflict to override legal standards, opening the door for further legislative interference in media governance. The dispute centers on a 2022 amendment to the law governing Radio Television of Slovenia (RTV). When the new rules took effect following a referendum in November 2022, the mandates of all members of the management, leadership, and supervisory bodies were terminated directly by statute, without individual decisions or specific personal reasons. Gregorčić, who had been appointed to the program council in December 2021 and became its president in February 2022, saw his term end abruptly in late December 2022. He and other affected officials subsequently challenged the constitutionality of these changes. On July 2, the Constitutional Court ruled that the 2022 amendment was consistent with the constitution. The court justified the immediate dismissal of existing staff as necessary for the "instant de-politicization" of the broadcaster. It reasoned that a gradual transition until the natural expiration of previous terms would have failed to achieve this goal. Consequently, the judges determined that replacing all members simultaneously through legislation was a proportionate measure to ensure freedom of expression and institutional independence. The decision was published publicly on July 24. Despite declaring the case absolutely urgent, the Constitutional Court spent nearly three years and seven months deliberating before issuing its final ruling. By the time the decision was rendered, Gregorčić’s original mandate period had already expired. Avbelj noted that this delay made effective protection of his rights theoretically impossible. The complainants argue that the court failed to verify whether there were concrete, individual grounds for terminating Gregorčić’s specific position, focusing instead solely on the abstract constitutionality of the law. The complaint highlights several procedural failures. First, the court decided the case without a public hearing, even though both the government and the applicants requested one. Second, the applicants claim the parties were treated unequally. Judge Marko Starman, in his dissenting opinion, criticized the majority for applying different standards when evaluating the factual claims of the opposing sides. Third, the court did not address key legal arguments raised by the applicants. This included ignoring an explicit request to refer questions of European Union law interpretation to the Court of Justice of the European Union. Finally, the complainants stated there was no available legal remedy to challenge the excessive duration of the proceedings. Gregorčić and Avbelj emphasized that their action is not a vote of no confidence in the Constitutional Court, but rather the exercise of a legal right to seek clarification on what constitutes lawful conduct. They described the domestic court's approach as allowing itself to be instrumentalized in a struggle between "ours" and "yours," rather than adjudicating what is legally permissible. They warned that the current government has already prepared a new draft law, finalized in August, which proposes similar mechanisms for prematurely ending mandates within RTV. This suggests the issue is not isolated but part of a continuing trend. The pair requested priority handling of their case under Rule 41 of the ECHR Rules of Court. They argued that the matter raises issues of general interest that could impact legal systems across Europe. Specifically, they asked the ECHR to clarify whether protections against arbitrary removal of mandates, established in cases such as Baka v. Hungary and Grzęda v. Poland, apply to officials in independent public institutions that do not exercise state power. They also sought guidance on the scope of judicial protection required when legislators dismiss entire media boards via statutory change. Avbelj pointed out that the Venice Commission of the Council of Europe previously issued an adverse opinion regarding a similar attempt to intervene in media governance in Lithuania. This contrasts sharply with the stance taken by the Slovenian Constitutional Court. The lawyers cited numerous ECHR judgments against Romania, Ukraine, Germany, Spain, Poland, and Slovenia to support their arguments. They believe the ECHR has not yet ruled on this specific type of intervention in public broadcasting, meaning the outcome will set a precedent for the continent. In a separate interview on Friday, former Constitutional Court judge Dr. Klemen Jaklič offered a broader critique of the rule of law in Slovenia. Speaking on a television talk show, he stated that Slovenia lacks the rule of law both in theory and in practice. Jaklič, who served as a constitutional judge for nine years, argued that centers of power control key institutions, including the Constitutional Court. He described the current situation as a "deep state" phenomenon where monopolies are protected through selective application of the law. Jaklič referenced recent parliamentary incidents involving physical altercations over procedural rules, stating that law exists to replace raw force and street behavior. He noted that while some forces push toward a free democratic society, others aim to preserve monopolies for political and capital interests. He compared the current state of affairs unfavorably to conditions in Romania and other former Eastern Bloc countries. According to Jaklič, corruption stifles economic growth, and reforms must be ruthlessly directed toward establishing a fair system. He expressed skepticism about the current trajectory, noting that the old regime is beginning to crack but has not yet collapsed. The ECHR currently manages a high volume of complaints using a prioritization system. Ordinary complaints typically fall into the fourth category, while cases raising significant issues of general interest are placed in the second category. Gregorčić and Avbelj contend their case belongs in the latter group due to its potential implications for media independence across Europe. They acknowledged that if the court finds against them, they will accept that their view of the rule of law may have been overly idealistic. However, they remain committed to seeking a legal answer to the question of what is right, viewing this as the harder but necessary path forward.

How this report was made. Objective News wrote this report from 6 source articles, using AI-assisted synthesis under our methodology. It is our own text, not a copy of any single outlet. Read our methodology.

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7 reports

Demokracija logoDemokracijaParty-alignedProgressiveFactual 95Objective 9021 hr. ago
Appeal against the ECtHR in the RTV Slovenia case: Gregorčič and Avbelj request an examination of the premature withdrawal of their mandates

Former head of the Program Council of Slovenia’s public broadcaster RTV Slovenija, Dr. Peter Gregorčič, has filed a complaint against the state at the European Court of Human Rights (ECHR). The legal action, drafted by Professor Matej Avbelj, challenges a 2026 Constitutional Court decision that upheld legislation terminating the mandates of RTV board members early via direct statutory effect rather than individual decisions. Gregorčič alleges five violations of the European Convention on Human Rights, primarily citing the lack of effective judicial protection regarding the specific reasons for his removal, excessive procedural delays, and unequal treatment during the domestic proceedings. The case raises broader questions about whether human rights protections against arbitrary dismissal apply to independent public institutions that do not exercise state power, referencing precedents like Baka v. Hungary. Given the risk of similar legislative measures being reintroduced by the Ministry of Culture, the complainants have requested priority handling under ECHR rules. They emphasize that the appeal is a legal inquiry into permissible limits of state intervention in public media rather,

Bias read (Progressive): The article frames the issue through the lens of protecting institutional independence and human rights against state overreach, which aligns with liberal-left priorities regarding media autonomy. It highlights the 'danger' of repeating such interventions and emphasizes the need for legal safeguards

Why factuality (95): This article provides precise details, including specific dates (July 2, 2026 decision, published July 24) and the exact duration of the proceedings (three years and seven months). It clearly lists the five alleged violations and references relevant case law (Baka v. Hungary, Grzęda v. Poland). The

Why objectivity (90): The writing style is highly professional and detached. It presents the complainants' arguments as assertions within the complaint rather than absolute truths, maintaining a neutral journalistic distance. There is no emotional language or editorializing.

Nova24TV logoNova24TVParty-alignedProgressiveFactual 90Objective 7015 hr. ago
Will the Constitutional Court get the seal of the ECHR for the abduction of RTV?

Former President of the Program Council of RTV Slovenia, Dr. Peter Gregorčič, has filed a complaint with the European Court of Human Rights (ECtHR) regarding the premature termination of his mandate due to changes in the RTV Slovenia law. The legal action was prepared by constitutional lawyer Dr. Matej Avbelj and alleges five violations of the European Convention on Human Rights, primarily focusing on the lack of effective judicial protection and excessive procedural delays by the Slovenian Constitutional Court. The complainants argue that their four-year mandates were terminated directly by legislation without individual decisions, and that the Constitutional Court failed to verify specific reasons for this removal despite marking the case as absolutely urgent. They further contend that the court took nearly three years and seven months to decide, rendering any potential remedy ineffective after the mandate had already expired, while also failing to hold a public hearing as requested by both the government and the petitioners. The complaint cites precedents such as 'Baka v. Hungary' and 'Gzęda v. Poland' to support the argument that European guarantees protect independent public机构

Bias read (Progressive): The article frames the issue through the perspective of the complainants, emphasizing the violation of rights and the failure of state institutions to provide timely justice. It highlights the 'unreasonable length' of proceedings and the lack of 'effective judicial protection,' which aligns with a法治

Why factuality (90): The article accurately summarizes the complaint, the lack of effective judicial protection, and the length of the proceedings. It correctly identifies the key legal issues raised by Avbelj. The description of the Constitutional Court's delay and the lack of public hearing matches the details found i

Why objectivity (70): The headline uses the metaphor 'slap in the face' (zaušnica), which is colloquial and slightly biased, suggesting the ECHR might punish the domestic court. However, the body text remains relatively factual, focusing on the specific allegations of procedural violations without excessive adjectives.

Nova24TV logoNova24TVParty-alignedProgressiveFactual 85Objective 702 days ago
Dr. Jaklič: In Slovenia, we do not have the rule of law, either in theory or in practice.

In a recent episode of the program 'Kdo vam laže,' Dr. Klemen Jaklič, a dual doctorate holder and former constitutional judge, strongly criticized the state of the rule of law in Slovenia. He argued that Slovenia has not fulfilled its constitutional promises regarding a free democratic society and the rule of law, emphasizing that power centers control key institutions, including the Constitutional Court. Jaklič stated that reforms like the Skok Law are necessary but insufficient unless they reach the top of justice. The discussion began with a current event in the National Assembly where MPs were reprimanded for violating parliamentary rules. Jaklič explained that law exists to replace brute force and street justice, highlighting the concept of the rule of law rather than the rule of men. He emphasized that Slovenia has set high goals in its constitution but has yet to achieve them, noting that some forces push towards these ideals while others maintain monopolies for their interests. Jaklič also discussed the perception among citizens that laws do not apply equally to everyone, citing examples such as Zoran Janković's claim of immunity due to his opposition to Janez Janša. He was

Bias read (Progressive): The article presents a critical perspective on the state of the rule of law in Slovenia, emphasizing systemic issues, corruption, and the need for comprehensive reforms. The framing highlights the failure of current institutions and the influence of powerful elites, which aligns with a left-leaning,

Why factuality (85): The article accurately reports Dr. Klemen Jaklič's statements regarding the lack of rule of law in Slovenia, both theoretically and practically. It includes direct quotes from his interview and contextualizes them within recent events in the National Assembly. The claims are supported by his role as

Why objectivity (70): The article presents Jaklič's views in a relatively neutral manner, quoting him directly. However, it uses emotionally charged terms like 'civilization has not recognized this alternative' and 'forces push in different directions,' which may imply a biased interpretation of the situation. While it d

Info360 logoInfo360IndependentProgressiveFactual: no official source document/info detectedObjective 8521 hr. ago
Peter Gregorčič and Matej Avbelj: the RTV case moves to the European Court of Human Rights

Former head of the RTV Slovenia program council, Peter Gregorčič, and law professor Matej Avbelj have filed a complaint with the European Court of Human Rights regarding their treatment by the Slovenian Constitutional Court. The complainants allege five violations of the European Convention on Human Rights, primarily arguing that they were denied effective judicial protection because their mandates were terminated directly by law rather than through individual legal decisions. They further criticize the Constitutional Court for taking nearly four years to decide the case, failing to hold a public hearing, and ignoring key legal arguments while treating parties unequally. Gregorčich argues that the court failed to resolve the issue legally, instead allowing it to remain a political conflict between opposing factions. He notes that the new government has since drafted legislation to terminate other RTV board members' mandates via similar direct legal mechanisms, reinforcing the need for a clear legal precedent.

Bias read (Progressive): The article frames the dispute as a defense of the 'rule of law' against 'instrumentalization' and political conflict ('us vs them'). It quotes the complainant criticizing the Constitutional Court for failing to move the debate into a 'legal discourse' and highlights the subsequent legislative moves

Why factuality: no official source document/info detected

Why objectivity (85): The presentation is balanced and informative. By including the dissenting opinion, it offers a multi-perspective view of the domestic court's decision. The language is formal and restrained, avoiding the hyperbole seen in Articles 0 and 2.

N1 Slovenija logoN1 SlovenijaIndependentProgressiveFactual: no official source document/info detectedObjective 7518 hr. ago
Following his defeat at the Constitutional Court, Peter Gregorčič appeals to the ECtHR

Former head of the program council of Slovenia’s public broadcaster RTVS, Peter Gregorčič, has filed a complaint with the European Court of Human Rights regarding a July ruling by the Constitutional Court. The Constitutional Court previously upheld a 2022 amendment to the RTVS law that terminated the mandates of board members and directors immediately upon entry into force, rather than allowing them to serve out their terms. Gregorčič argues that this immediate termination violated his rights because he was not provided with effective judicial protection against the loss of his position. He contends that the domestic court failed to assess whether there were specific, concrete reasons for ending his mandate individually and that the legal proceedings were unreasonably prolonged, taking nearly four years to conclude after his term had already expired. Additionally, the complaint alleges procedural unfairness, including the lack of a public hearing and unequal treatment of parties during the review process.

Bias read (Progressive): The article frames the story entirely through the perspective of the complainant, Peter Gregorčič, and his lawyer, highlighting allegations of 'unreasonable length' in proceedings and 'unequal treatment.' It emphasizes the argument that the Constitutional Court failed to provide 'effective judicial'

Why factuality: no official source document/info detected

Why objectivity (75): The tone is generally neutral, presenting Gregorčič's perspective as his opinion ('Gregorčič believes'). It avoids inflammatory language. The inclusion of an advertisement placeholder does not affect the content's neutrality, though the layout feels less polished.

Domovina logoDomovinaIndependentConservativeFactual: no official source document/info detectedObjective 6010 hr. ago
The vicious circle of 'depoliticization' on RTV Slovenia? Gregorčič and Avbelj with their appeal to the ECtHR

Former head of the RTV Slovenia program council, Dr. Peter Gregorčič, and constitutional law expert Dr. Matej Avbelj have filed a complaint with the European Court of Human Rights regarding their treatment by the Slovenian Constitutional Court. The complainants argue that the July ruling, which upheld the 2022 amendment to the RTV Slovenia Act, failed to provide effective judicial protection because it did not assess whether specific reasons existed for terminating Gregorčič’s mandate early. They contend that the Constitutional Court allowed itself to be instrumentalized in a political struggle between opposing factions rather than strictly evaluating legal permissibility. Additionally, the complaint highlights procedural violations, including an unreasonably long duration of over three years and the lack of a public hearing despite requests from both parties. The authors assert that the immediate replacement of leadership was framed as necessary for 'depoliticization,' but they view this as a politically motivated purge rather than a legitimate constitutional objective.

Bias read (Conservative): The article frames the current government's actions as a partisan 'purge' of opponents ('Janšists') disguised as depoliticization. It uses loaded terms like 'instrumentalized' and quotes critics who describe the situation as a fight between 'us' and 'them.' By emphasizing the removal of oppositional

Why factuality: no official source document/info detected

Why objectivity (60): The tone is somewhat polemical, using terms like 'začarani krog' (vicious circle) and explicitly labeling the political dynamics as a fight between 'ours' and 'yours.' It frames the Constitutional Court's action negatively ('instrumentalized') and uses loaded language like 'cleaning out Janšists,' w

Zanima.me logoZanima.meIndependentProgressiveFactual: no official source document/info detectedObjective 5015 hr. ago
Pigeon has depoliticized RTV SLO, will Janša do the same? The Constitutional Court gave a "blessing", but Gregorčić and Avbelj go to the ECtHR

Legal scholars Peter Gregorčič and Matej Avbelj have filed a complaint with the European Court of Human Rights regarding a recent decision by the Slovenian Constitutional Court on the law governing Radio Television Slovenia (RTVS). The complainants argue that the domestic court failed to uphold the rule of law and instead allowed itself to be instrumentalized in a political conflict between opposing factions. They contend that the current government’s push for the immediate 'depoliticization' of all RTVS management bodies is an unconstitutional goal that opens the door to authoritarian legalism. The pair asserts that the Constitutional Court violated their rights by taking nearly four years to decide a case declared absolutely urgent, ruling after Gregorčič's illegally revoked mandate had already expired, and failing to provide effective legal remedies. They request priority handling by the European court, arguing that the issue has broader implications for media freedom across Europe.

Bias read (Progressive): The article frames the dispute through the lens of defending constitutional democracy against 'authoritarian legalism,' a narrative typically associated with progressive or liberal-left perspectives in this specific political context. It heavily relies on the quotes of the two complainants, who are

Why factuality: no official source document/info detected

Why objectivity (50): The tone is sensationalist and politically charged. Phrases like 'Golob has depoliticized... will Janša too?' and 'authoritarian legalism' show strong editorial opinion. The framing suggests a narrative of ongoing political warfare rather than a straightforward report on a legal filing.

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