The Constitutional Court has risen above the Constitution: it allowed a referendum on the intervention law and thus blocked measures for the development of Slovenia

The Supreme Court of Slovenia has ruled that a referendum on the intervention law, intended to ease burdens on citizens and businesses, is permissible, effectively blocking its implementation until the referendum concludes. The decision was announced on August 3, 2026, following a challenge to the legality of holding such a vote. Seven justices voted in favor of allowing the referendum, with one dissenting and another absent. The ruling means that the government must now initiate the process of collecting signatures for the proposed referendum, which will begin on September 1, 2026, and last for 35 days. The intervention law, formally known as the Law on Intervention Measures for the Development of Slovenia (ZIURS), was introduced by the third political bloc comprising NSi, SLS, Fokus, Demokrati, and Resni.ca, and supported by some members of the SDS. It was passed by the National Assembly on May 11, 2026, and includes provisions aimed at lowering taxes, increasing net wages, improving pensions, and reducing the burden on citizens and the economy. The law was presented as a response to the energy crisis and as a stimulus for competitiveness, employment, and investment. However, the law faced opposition from trade unions and left-leaning non-governmental organizations, who argued against its provisions, particularly regarding tax changes and other regulatory measures. In May, supporters began gathering signatures for a subsequent legislative referendum, aiming to secure over 47,000 unsigned signatures. These were submitted to the National Assembly, which concluded that a referendum on tax-related provisions was not permissible under current legislation. In response, the proponents turned to the Constitutional Court, challenging the National Assembly’s decision. On August 3, 2026, the court overturned the National Assembly's ruling, determining that a referendum on the intervention law was indeed permissible. This decision marks a pivotal moment in the legal and political landscape of Slovenia, as it shifts the responsibility of finalizing the law’s implementation to the public through a direct vote. The court’s decision was not entirely unexpected. Political leaders, including Prime Minister Janez Janša, had anticipated this outcome given the composition of the Constitutional Court, which is politically inclined toward the left. Current members of the court include Rok Čeferin (president), Neža Kogovšek Šalamon, Katja Šugman Stubbs, Rok Svetlič, Nina Betetto, Primož Gorkič, Marko Starman, Tamara Kek, and Barbara Kresal. The majority of these judges were appointed during periods when leftist politicians led the country. Rok Svetlič, the rapporteur in the case, issued a favorable opinion supporting the permissibility of the referendum. He, along with Katja Šugman Stubbs and Primož Gorkič, provided separate opinions endorsing the decision. However, Marko Starman, the sole judge who cast an opposing vote, raised concerns that the majority did not accurately define the scope of the constitutional prohibition on referendums concerning tax laws. The implications of this ruling extend beyond the immediate legal debate. If the referendum succeeds, the law will remain in abeyance until the result is finalized. Should the voters reject the law, the National Assembly will be barred from reintroducing it within a year. Conversely, if the referendum fails or insufficient signatures are collected, the law will proceed to implementation as originally planned. As the process moves forward, the focus will shift to the upcoming referendum, scheduled to take place around November 22, 2026, depending on exact deadlines and decisions made by the National Assembly. Until then, the intervention law will remain in limbo, awaiting the outcome of the public vote.