Sunday, 27 June 2021

State Judicial Council to Decide on Third Call for Supreme Court Chief on Wednesday

ZAGREB, 27 June, 2021 - State Judicial Council President Darko Milković has scheduled a new meeting of the State Judicial Council for Wednesday to decide on a third public call for the appointment of a new Supreme Court President.

"The State Judicial Council is due to issue a third public call and we hope that it will be third time lucky. All interested parties will be able to apply. We have a meeting scheduled for 30 June when we will decide on the new public call. Given that a deadline of 30 days had been set for the two previous calls, I think the deadline for the third one will be the same to ensure equal treatment of all interested candidates," Milković told N1 television on Sunday.

The previous procedure ended on Friday when Parliament did not support President Zoran Milanović's nomination of law professor Zlata Đurđević as the next Supreme Court President.

Milković said he did not think this would result in a constitutional crisis, given that the term of the present Supreme Court President Đuro Sessa expires in mid-July, because the law provides that when the new President is not appointed the position is filled by the Deputy President of the Supreme Court, in this case Marin Mrčela.

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Wednesday, 31 March 2021

The State Judicial Council Issues New Public Call For Applications For Supreme Court President

ZAGREB, 31 March (Hina) - The State Judicial Council (DSV) on Wednesday issued a new public call for applications for the post of Supreme Court President.

All interested candidates are required to submit their applications over the next 30 days, DSV president Darko Milković said.

President Zoran Milanović informed the DSV in a letter last week that he would not propose any of the candidates from the previous call and called for the repetition of the procedure. He said he had no intention of influencing the procedure but wanted to help improve the functioning of the judicial branch of government and ensure the functioning of the State Electoral Commission after the expiry of the term of the current Supreme Court President.

The incumbent Supreme Court President Đuro Sessa, whose term expires in July, and attorneys-at-law Šime Savić and Lidija Horvat responded to the first public call. Horvat has in the meantime withdrawn her application.

Insisting on his constitutional right to propose a candidate, Milanović proposed Professor Zlata Đurđević as his candidate for Supreme Court President, but Parliament Speaker Gordan Jandroković refused to include his proposal on Parliament's agenda, saying that it was unlawful. Milanović claimed that lawmakers would have to vote on his candidate anyway.

Last week, the Constitutional Court ruled that the President of the Republic can only propose a candidate who has responded to a public call issued by the DSV. The court said that this does not restrict the constitutional right of the President of the Republic to propose his candidate for Supreme Court President.

Prime Minister Andrej Plenković said that Đurđević, although a criminal law professor, had agreed to be part of an unlawful procedure and could therefore not lead the highest judicial authority in the country. Parliamentary right-wing opposition parties also announced that they would not support Đurđević.

Đurđević confirmed last Thursday that she would not give up on her candidacy and would respond to a new DSV call. Sessa has announced that he will not run for another term because he does not have the President's support.

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Thursday, 25 March 2021

State Judicial Council Soon to Advertise Public Call For Supreme Court President

ZAGREB, 25 March, 2021 - State Judicial Council (DSV) head Darko Milković on Thursday confirmed receipt of a notification from the Office of the President, announcing that a new public call for the post of Supreme Court President would be advertised in a couple of days and that interested candidates would be invited to apply.

In an interview with the N1 broadcaster, Milković said that only the head of state could request a new public call or it could be done by their office on their behalf and that that could not be done "by Parliament or an individual MP."

President Milanović earlier in the day called on the DSV to urgently repeat the public call for applications for the post of Supreme Court President, informing it that he would not nominate any of the three applicants following a previous public call.

His office stressed that the President's proposal "is not intended to influence in any way the DSV's constitutionally and legally defined powers" but that the President wanted, "in the current chaotic situation, caused by changes to the Courts Act, to contribute to the best possible and most efficient functioning of the judicial authorities as well as enable the functioning of the State Election Commission after the expiry of the term of the current Supreme Court President."

The Supreme Court President also serves as the chair of the State Election Commission.

Applications following the DSV's previous public call were submitted by Supreme Court President Đuro Sessa, whose term expires in July, and attorneys Šime Savić and Lidija Horvat, with the latter having in the meantime withdrawn her application.

Milanović insists that proposing a candidate for the Supreme Court President is his constitutional right and he has proposed Zagreb law professor Zlata Đurđević for that post. However, Parliament Speaker Gordan Jandroković has refused to put his motion on Parliament's agenda as unlawful.

Milanović has said that members of Parliament will nonetheless have to vote on his nominee.

The Constitutional Court on Tuesday concluded that the head of state can propose only a candidate who has submitted an application following a public call by the DSV and it claims that this does not restrict the President's constitutional right to propose a candidate and Parliament's right to elect them.

Prime Minister Andrej Plenković said on Wednesday that even though she was a law professor, Đurđević had agreed to be part of an unlawful procedure and that therefore she could not lead the highest judicial body.

"A person who does not respect the legal order cannot be the President of the Supreme Court because that body protects the legal order, the Constitution, international treaties, all laws," he said.

Đurđević confirmed on Thursday that she did not plan to give up on her candidacy and that she would submit an application following a new public call by the DSV.

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