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House Gives Thumbs Down to Lipsic's Bill on Disclosing Origin of Property
Wednesday 03 February 2010 Zoom in | Print page
Bratislava, February 3 (TASR) - Parliament's Constitutional Committee Chairman Mojmir Mamojka (Smer-SD) asked the Parliament on Wednesday to stop deliberations on Daniel Lipsic's (KDH) Bill on Disclosing the Origin of Property and lawmakers complied by downing Lipsic's initiative in first reading.
"The identical proposal submitted by the Government is far more precise," explained Mamojka.
The Government proposal submitted by Slovak Prime Minister Robert Fico (Smer-SD) was opposed by his Coalition partner, LS-HZDS Chairman Vladimir Meciar, according to whom any discussion on this topic violates the Constitution.
Mamojka emphasised, however, that it's necessary to address the issue of unlawfully acquired property. "It seems that something needs to be done about this legally," he said, pointing to the fact that both the Opposition and Coalition have come up with similar initiatives.
In an "ideal world where police genuinely investigate every crime", according to Lipsic, an act on disclosing the origins of property wouldn't be necessary. In reality in Slovakia, however, there's a great number of people whose property significantly exceeds their legal incomes, and few crimes are ever actually resolved.
Lipsic also pointed out that the Constitutional Court in 2008 ruled that the original proposal on proving origin of property, drawn up in 2005, violated the Constitution due to transferring the burden of proof on to the accused and its concept of retroactivity. That's why it's necessary, Lipsic thinks, to submit also a Constitutional amendment alongside with the Property Bill to avert similar rulings of the Constitutional Court in future. "The verdict of the court can be overrode only by the vote of legislators," said Lipsic.
No direct retroactivity would have been involved if the proposal passed, added Lipsic, as the legality of acquired property would have been evaluated based on laws that were in effect at the time of property acquisition. According to Lipsic, non-criminal legislation already incorporates the partial transfer of burden of proof on to the accused in discrimination cases.
"This bill went against politicians ... there's a number of corrupted politicians in Slovakia. And the number is far higher than it should be in a decent society. Also, this bill aimed to target organised crime," said Lipsic.
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