ZAGREB, 23 March, 2021 - The Constitutional Court on Tuesday concluded that the Croatian President can select a nominee for the Supreme Court Chief Justice only from those applicants who sent their applications for that post after the State Judicial Council (DSV) publicly advertised the position.
After receiving requests to test the constitutionality of the provision regulating the selection procedure under which the DSV advertises the position for the Supreme Court President, the Constitutional Court, which considered this issue, said that the provision concerned does not restrict the head of state's constitutional powers whereby he/she can nominate the candidate for the said post while it is the parliament that appoints the Supreme Court head.
The Constitutional Court says that the head of state is authorised to nominate one of the applicants who have sent their applications following the DSV's public advertisement.
The latest conclusion of the Constitutional Court was adopted with nine votes in favour and four votes against it. These four judges have announced their dissenting opinions, while four of the nine judges who voted for this conclusion have also announced the publication of their supporting opinions.
The Constitutional Court has received a few requests to review the constitutionality of the Courts Act which stipulates the procedure for the appointment of the Supreme Court President.
The issue has grabbed limelight since President Zoran Milanović decided not to select any of the three applicants who sent their applications after the State Judicial Council advertised the position.
After the expiry of the public call, Milanović proposed law professor Zlata Đurđević, insisting that the law regulating the procedure is not in line with the Constitution.
In the meantime, lawyers Sandra Marković and Jadranka Sloković have sent a request to the Constitutional Court to test the constitutionality of the said legislation, after a request for the review of its constitutionality was also forwarded by filmmaker Dario Juričan, who ran in the presidential election in 2019.
Constitutional Court president Miroslav Šeparović told Hina on Friday that the court would decide on Tuesday whether the latest request would be put on its agenda as a separate item or whether it would be discussed together with Juričan's proposal.
Milanović insists that it is his constitutional right to nominate the person he chooses. The decision of the parliament speaker not to add Milanović's motion to the parliament's agenda concerning professor Đurđević, who was not among the three applicants, prompted President Milanović to criticise the legislature for defending the status quo and "untouchable" top officials in the judiciary.
Last Friday, the parliament confirmed the opinion of the Committee on the Constitution that no mistake was made by Speaker Gordan Jandroković when he asked President Milanović to supplement his motion on the nomination of the Supreme Court president.
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