Apparently, following the announcement of the Ministry of Labor and Social Welfare, a new type of control, or better said, "bullying" of courts and judges is on the horizon. It turns out that the "problem is big", so it was "scrutinized" to see as best as possible what the courts in the north are doing, what the citizens have come up with in the application of the Law on Social and Child Protection and how to stop this new legal "scourge". at the end.
Obviously, it wasn't counted - when the "magnifying glass" is turned around, it has a different focus than the way the "magnifying glass" is held by the Ministry, so in the critical judgment it went in reverse order. Instead of being a good host Ministry at the time of recalculation, i.e. whether mothers with three children, with the experience of reporting to the labor bureau, have anything to pay "deserved", it amins the passing of the law - without coverage, and then "instead of hitting the horse, it kicks the horse", announcing strict controls by the courts and judges.
The activity of the Ministry of Labor and Social Welfare is basically based on two laws, the Family Law and the Law on Social and Child Protection. In the wake of recent comments from the daily press, and especially the announced intentions from the tripartite meeting with the top of the judiciary, i.e. that because of divorces and deprivation of legal capacity, which is supposedly a phenomenon only in northern courts, they will order "strict control of documentation for lifelong benefits" and the actions of the courts, one gets the impression that it will not be easy for the courts and judges. Fortunately, it is as if the laws from the 80s are being read, not the current, Europeanized ones.
According to the old laws, guilt was determined for divorces, so the courts were allowed to not allow them in some cases. On the other hand, according to the current legal regulations, two "yes" are necessary to conclude a marriage, and only one "no" for a divorce, with the note that the spouses are not obliged to present the facts that led to the divorce, nor is the court obliged to examine those circumstances. For a legal court decision in such proceedings, the court is satisfied with the declaration and free will of the spouses, the factual state of separation and the absence of what makes a marriage legally a marriage.
In such a state of affairs, calling the courts and "threatening" the judges that all cases will be put under the "magnifying glass" and that they will be held accountable for abuses, in the mildest way from the position of the Ministries, represents a negatorium gestium - unauthorized performance of other people's affairs or institutional violence against constitutional institute of independent judiciary. Such an approach of the Ministry, whose portfolio is not the judiciary, practically attacks the legislatively regulated court system and the instant control of the legality of court decisions. For this reason, any other type of imposition of justice and fairness cannot be called by any other name than a kind of pressure on courts and judges, which is not allowed according to the Constitution, no matter whose interests are at stake.
The same is the case with "problematic" procedures related to the deprivation of business capacity, which the Ministry sees as a "shortcut" for establishing a form of material security. As this type of procedure, notably in the north, was not produced by courts or judges, but the laws of this country, courts and judges are not and cannot be the address of arbitrary criticism or a reason to put their work under some kind of "magnifying glass" of increased control. On the contrary, it is completely true that the north of the country has become impoverished to the limit of endurance, and that for social reasons there are current cases of deprivation of business capacity and extension of parental care in relation to the category of persons to whom such a right belongs. Since it is a question of the right of the most vulnerable category of citizens, the courts have proven to be highly responsible and professional in determining and making decisions that produce the legal effect prescribed by law. Because of this, through the announcements of controls and "threats" of the relevant Ministry, it actually falls into a legal impasse, in which the purpose and goal of the law is lost, and especially the interests of the citizen collapse. Through such a one-sided approach to the problem, one gets the impression that they want to introduce administrative or police inspectors into the courts from the level of the relevant Ministry, that they "execute" according to the court's non-final and final files and that they give evaluations on legal and factual issues, justice and injustice to the court . If it was wanted, with the stated position The Ministries indirectly but deeply cut into the judicial independence and independence proclaimed by the Constitution, all with the intention of ironing out the current "law without cover".
Instead, I recommend that first of all the Ministry resolves the matter in-house, or more precisely, that it reconsiders its "decree" or the procedure of a certain sylobatnik who prohibited the payment of social benefits established for October 2014. In 2015, that move burdened the Rožaj court with 200 court cases, and because of the payment of the costs of the procedure in the amount of no less than 40.000 euros, through classic abuse or administrative piracy, for which no one has yet been held accountable, a hand has been arrogantly thrust into the pockets of taxpayers, and I would say indirectly and an invitation has been sent to the prosecutor's office to react.
Finally, legal proceedings based on the civil-legal will of the spouses, nor the right of the most vulnerable category, cannot be considered as an abuse of the law, as the current situation is presented. The courts are not the address of the alleged abuses because they do nothing else but apply the law that gives the possibility for spouses who do not want to live together to attest that factual situation with a court decision. On the contrary, the abuses of rights and the system in which we live exist in a completely different place, i.e. where social policy turns into partitocracy and the means by which the most vulnerable classes of citizens, and they are without a doubt mainly in the north, lead to a state of material hopelessness, because of which they often decide with their stomachs instead of their heads.
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