US embassy cable - 04BRATISLAVA312

UNCLAS BRATISLAVA 000312 
 
SIPDIS 
 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, PINR, LO 
SUBJECT: NEWS AND VIEWS ON RECENT GOVERNANCE REFORMS 
 
REF: BRATISLAVA 245 
 
SENSITIVE BUT UNCLASSIFIED.  PLEASE PROTECT ACCORDINGLY. 
 
1. (SBU) SUMMARY.  BESIDES THE ECONOMIC REFORMS THAT 
SLOVAKIA HAS INSTITUTED, THERE ARE MANY OTHER REFORMS STILL 
    TAKING PLACE.  WE OFFER THESE VIEWS FROM GOVERNMENT 
OFFICIALS, WHO COMMENT ON DECENTRALIZATION AND JUSTICE 
REFORM, AS WELL AS DETAILS OF A NEW ELECTION LAW THAT WAS 
PASSED BY PARLIAMENT BUT RECENTLY VETOED BY PRESIDENT 
SCHUSTER.  END SUMMARY. 
 
DECENTRALIZATION: MAYORS LIKE MONEY, NOT RESPONSIBILITY 
--------------------------------------------- ---------- 
2. (SBU) SLOVAKIA'S STRUGGLE TO OVERCOME ITS COMMUNIST PAST 
IS PLAYING OUT IN THE ONGOING EFFORT TO DECENTRALIZE 
SERVICES SUCH AS EDUCATION, HEALTH CARE, AND LOCAL PUBLIC 
WORKS.  VIKTOR NIZNANSKY, THE PLENIPOTENTIARY FOR PUBLIC 
ADMINISTRATION REFORM, TOLD POLOFFS THAT THE FISCAL PART OF 
DECENTRALIZATION LAWS COULD BE READY TO INCORPORATE INTO THE 
STATE BUDGET BY 2005.  MUNICIPALITIES AND REGIONS WOULD GET 
MOST OF THEIR FUNDS FROM A FIXED SHARE OF THE INCOME TAX. 
THE LOCALITIES CAN DECIDE ON HOW AND HOW MUCH TO COLLECT IN 
VARIOUS OTHER FEES AND TAXES.  NIZNANSKY SAID LOCAL 
GOVERNMENTS WELCOME MORE POWER AND MONEY, BUT NOT THE 
ADDITIONAL RESPONSIBILITY AND ACCOUNTABILITY.  THE FACT THAT 
MORE MONEY WILL NOT COME AUTOMATICALLY FROM 
DECENTRALIZATION, BUT WILL DEPEND ON LOCAL GOVERNMENT 
ACTIVITIES, IS NOT SO ATTRACTIVE TO LOCAL OFFICIALS. 
 
3. (SBU) NIZNANSKY BELIEVES THE EXISTING 2,900 COMMUNITIES 
IN SLOVAKIA EVENTUALLY SHOULD BE MERGED INTO 200 TO 300 
MUNICIPALITIES.  MANY SMALL COMMUNITIES CANNOT PROVIDE BASIC 
SERVICES FOR CITIZENS, AS MUCH OF THEIR INCOME GOES TO 
SALARIES FOR MAYORS AND CITY COUNCILS.  CONSOLIDATION WOULD 
ALLOW THE LARGER COMMUNITIES TO TAKE OVER FUNCTIONS LIKE 
REGIONAL DEVELOPMENT, SOCIAL WELFARE, AND SCHOOLS FROM THE 
    CENTRAL GOVERNMENT.  AT THE CENTRAL GOVERNMENT LEVEL, 
NIZNANSKY SAID STAFFING IS STILL BLOATED WITH EMPLOYEES 
WHOSE FUNCTIONS ARE UNKNOWN OR LONG FORGOTTEN, YET THE 
MINISTRIES SOMETIMES CANNOT DO NECESSARY WORK, SUCH AS 
CALCULATIONS FOR SCHOOL REFORM. 
 
PRESIDENT VETOES NEW ELECTION LAW 
--------------------------------- 
4. (U) PARLIAMENT PASSED, BUT THE PRESIDENT VETOED, A NEW 
BILL ON PARLIAMENTARY ELECTIONS.  PRESIDENT SCHUSTER SAID HE 
FELT THE ELECTION DEPOSIT REQUIREMENT RAN AFOUL OF THE 
CONSTITUTION PROTECTION OF THE RIGHT TO PARTICIPATE IN 
ELECTIONS.  THE LAW ADDRESSES MOST CONCERNS RAISED BY 
INTERNATIONAL OBSERVERS AND DOMESTIC NGOS, WITH TWO MAIN 
EXCEPTIONS.  THE SINGLE ELECTION DISTRICT REMAINS; AND MPS 
WILL STILL BE ELECTED VIA PARTY LISTS NOT LINKED TO ANY 
LOCALITY.  THE LAW 
-- CREATES AN EASIER ABSENTEE VOTE SYSTEM FOR SLOVAKS 
ABROAD; 
-- DISCOURAGES FRIVOLOUS PARTIES BY REQUIRING A DEPOSIT THAT 
WILL BE REFUNDED ONLY IF THEY GET 3 PERCENT OR MORE OF THE 
VOTE; 
-- STRENGTHENS THE WEIGHT OF PREFERENTIAL VOTES; 
-- SETS ELECTIONS ON AN ENTIRE SATURDAY RATHER THAN ON TWO 
DAYS AS BEFORE; 
-- ALLOWS THE ELECTION CAMPAIGN TO BEGIN 21 DAYS PRIOR TO 
THE VOTE AND TO BE RUN IN THE MEDIA; AND 
--LIFTS THE MORATORIUM ON CAMPAIGNING DURING THE LAST 48 
HOURS BEFORE THE ELECTION. 
 
MP CRITICIZES JUSTICE REFORM PROPOSALS 
    -------------------------------------- 
5. (SBU) JAN DRGONEC, CHAIRMAN OF THE CONSTITUTIONAL AND 
LEGAL COMMITTEE AND MP FOR ANO, MET WITH POLOFFS TO FOLLOW 
UP ON PARLIAMENTARY OVERSIGHT (REFTEL).  THE CONSTITUTIONAL 
AMENDMENT SETTING UP "INVESTIGATIVE COMMITTEES" HAS STALLED, 
BUT DRGONEC AND COLLEAGUES CONTINUE TO DISCUSS THE EVENTUAL 
FORM OVERSIGHT WILL TAKE.  DRGONEC COMMENTED THAT JUSTICE 
MINISTER DANIEL LIPSIC'S JUDICIAL REFORMS FOCUS ON GIVING 
MORE POWER TO HIS MINISTRY.  HE MENTIONED THAT SUPREME COURT 
PRESIDENT MILAN KARABIN SEEMS TO BE TOO WEAK AND SERVILE VIS- 
A-VIS THE EXECUTIVE BRANCH.  DRGONEC SUGGESTED THE SPECIAL 
COURT TO INVESTIGATE CORRUPTION AMONG PUBLIC OFFICIALS COULD 
BECOME A POLITICAL TOOL.  HE BELIEVES REAL JUDICIAL REFORM 
REQUIRES REDUCING THE NUMBER OF SUPREME COURT JUSTICES 
(THERE ARE 78 POSITIONS AND 17 JUDGES HAVE ALREADY LEFT, 
WITH MORE AT RETIREMENT AGE), AND DEVOLVING SOME 
RESPONSIBILITIES TO REGIONAL AND DISTRICT COURTS.  DRGONEC 
WAS GLAD THAT LIPSIC WAS NOT SUCCESSFUL IN ELIMINATING THE 
TRENCIN AND TRNAVA REGIONAL COURTS, BECAUSE THERE ARE 
SEVERAL MAFIA CASES ONGOING.  CLOSING THE COURTS WOULD HAVE 
MEANT RE-STARTING THE CASES AND RELEASING THE SUSPECTS.  IN 
DRGONEC'S OPINION, THIS WAS TOO HIGH A PRICE TO PAY FOR 
"JUDICIAL REFORM." 
 
WEISER 
 
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