ZAGREB, 19 May, 2021 - Former Dinamo football  coach Zoran Mamić will remain free while in Bosnia and Herzegovina, however, he will have to report to the police once a week and his personal documents have been temporarily confiscated, the court in Bosnia and Herzegovina decided on Wednesday.

Zoran Mamić was arrested early Wednesday morning by officers from the State Investigation and Protection Agency (SIPA) based on an arrest warrant issued against him in Croatia.

After that Mamić was handed over to the court in Sarajevo, Judge Branko Perić determined his status including his citizenship of BiH. The judge ruled that Mamić would remain free with precautionary measures and was ordered to give in his personal identification documents.

The court did not discuss the matter of Mamić's extradition considering that Croatia has not sent a formal request yet.

A Croatian Supreme Court ruling upheld a ruling sentencing Mamić to four years and eight months in prison after being convicted of siphoning money from the Dinamo Football Club.

After that he escaped to BiH and requested that he be allowed to serve his sentence in that country which was rejected. Zagreb County Court then issued an international arrest warrant against him.

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ZAGREB, 18 May, 2021 - The Supreme Court, meeting in a general session on Tuesday, did not give a positive opinion on any of the five candidates who applied for the position of Supreme Court President following a new call issued by the State Judicial Council.

Zlata Đurđević, the candidate enjoying the support of President of the Republic Zoran Milanović, received one vote from all the judges attending the general session, while the other candidates received none, according to a statement issued by the Supreme Court.

The session was attended by 33 of the total of 35 judges from all departments of the Supreme Court. They discussed the candidates' programmes and CVs and then took a vote by secret ballot.

Earlier, it was announced that Parliament will discuss the President's nominee for Supreme Court chief  after the local elections. The law requires that a general session of the Supreme Court and the parliamentary Justice Committee also need to give their non-binding opinions on the President's proposal.

The State Judicial Council (DSV) issued a new public call for applications on 31 March after President Milanović told the DSV that he would not propose any of the candidates who had applied in the previous call. The new call was closed on 6 May.

Insisting that the nomination of candidates was his constitutional right, Milanović proposed Đurđević as his candidate for the post of Supreme Court President in March already, but Parliament Speaker Gordan Jandroković refused to include the proposal on Parliament's agenda saying that it was unlawful.

The Constitutional Court then ruled that the President of the Republic can only nominate a candidate who has responded to the DSV's public call, saying that this does not restrict the President's right to nominate and Parliament's right to choose a Supreme Court President.

Prime Minister Andrej Plenković later said that, although she is a criminal law professor, Đurđević had agreed to be part of an unlawful procedure and therefore she was unfit to lead the highest judicial body in the country.

Right-wing opposition groups in Parliament have also announced that they will not support Đurđević.

The term of the incumbent Supreme Court President, Đuro Sessa, expires in July. If Parliament fails to appoint a new head of the highest court by then, the position will be temporarily held by the Deputy President of the Supreme Court, Marin Mrčela.

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ZAGREB, 13 May, 2021 - Parliament Speaker Gordan Jandroković said on Thursday that the third public call for applications by aspirants for the position of Supreme Court President would be published and that there was enough time left to select the Supreme Court head.

As for today's press release of the government in which it warns that President Zoran Milanović's favourite for the chief justice, Zlata Đurđević, was not in favour of the model that exists in most EU countries, where judges are appointed by the executive authorities, but rather juxtaposes the election of judges by an independent body with the model in which judges are elected in the parliament, Jandroković said that the government had offered a well-argued discussion.

The government's press release indicates that the programme of Milanović's candidate shows that she is in favour of reinstatating political influence in the process of the election of judges, said Jandroković.

Asked by the press whether he had read Đurđević's programme, Jandroković said that he had read the segments important for politics, and that "it is more that evident that she is in favour of the political election of judges."

Jandroković recalled that it was not correct to claim that the problems in the judiciary had started in the 1990s, adding that the problem had deeper roots dating back to the period of the former Yugoslavia and the Communist system.

It is not easy to elevate the judiciary to a level at which it is absolutely unbiased and all judges behave professionally, however, efforts have been made for years in this regard, he added.

Jandroković said that when it came to President Milanović and his invective, he had endured them calmly for months.

All that time I have endured defamation, Jandroković said, adding that the tit for tat response ensued after "the bully" (Milanović) kept insulting him.

On Wednesday, Jandroković called Milanović  "a clown with an inferiority complex." 

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ZAGREB, 13 May, 2021 - The Croatian government said on Thursday that the candidate for the Supreme Court president Zlata Đurđević is not in favour of the model for the election of judges as exists in most EU countries.

Quoting parts of Đurđević's programme, the government says that Đurđević is not in favour of the model that exists in most EU countries, where judges are appointed by the executive authorities, but rather juxtaposes the election of judges by an independent body with the model in which judges are elected in the parliament.

The government stresses that unlike the model currently in force in Croatia, which was part of obligations assumed with the country's EU membership, that model is the least represented and exists in only two member-states - Slovenia and Latvia.

To elect judges in the parliament would be "a major step backward, notably with regard to judicial autonomy and the perception of judicial autonomy," says the government.

It recalls that until the amendment of the Constitution in 2010, the Sabor elected only members of the State Judicial Council, while the concept under which all judges would be elected by the parliament never existed in Croatia's legal order.

"To have all judges elected by political parties, regardless of which party is in power, would pose a major risk in terms of the politicisation of the system and would not guarantee the election of the best and most qualified candidates," the government says after analysing parts of Đurđević's programme entitled "Judiciary as a branch of government without democratic legitimacy."

The government adds that the system of that kind would constitute a departure from the existing standards "which have shortcomings and leave room for improvement but which are still a far better solution than the appointment of judges by politicians."

Also, the introduction of such a system would be harmful for Croatia's reputation, bearing in mind the content and importance of the mechanism of rule of law oversight in the EU as well as the National Recovery and Resilience Programme, the government says.

It also notes that Đurđević did not always consider the current modal as bad or questioned the autonomy of the Croatian judiciary.

Quoting her opinion published in a law journal in 2018, the government recalls that Đurđević, while criticising court autonomy in Hungary and Poland, said that "one should not doubt the existence of an appropriate normative and institutional framework for the autonomy of Croatian courts."

That normative and institutional framework has not changed since 2018, says the government.

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ZAGREB, 11 May, 2021 - President Zoran Milanović has said that his candidate for Supreme Court President Zlata Đurđević's programme is not the reason to reject her candidacy and that the HDZ should exempt itself from voting on her appointment as the party is in a conflict of interest, having been convicted of corruption.

Speaking to reporters on Tuesday, Milanović said that nobody had read Đurđević's programme and that it was more serious than anything Plenković had ever written but that that was not crucial for her appointment.

Plenković will come up with another reason (to reject her) tomorrow, he said.

Plenković said on Monday that Đurđević would not be backed by the ruling majority also due to her "populist political programme."

The premier said that the programme was designed to restore the system of election of judges as existed at the time when politicians appointed judges, recalling that she had failed to apply to the first public call for the position.

Milanović said today that he expected the Supreme Court President to be strict, have high criteria and, if necessary, launch disciplinary proceedings.

If a "completely inexperienced" politician like Plenković could have become "such a brilliant prime minister", then Ms Đurđević can do a job that is still less complicated than that of a prime minister, said Milanović.

The HDZ should exempt itself from the vote on the Supreme Court President because the party has a case pending before the Supreme Court, he noted.

To the extent the Supreme Court President will have minimum influence on the case, the HDZ is in a conflict of interest, he added.

Milanović also said that Plenković had started entertaining plans to have him replaced.

Plenković said yesterday that he received a report from Albania, where "Milanović's friend (PM Edi) Rama" was initiating a no-confidence vote in President Ilir Meta for interfering in elections and inciting to hate speech and violence.

"He is talking about the Albanian no-confidence vote instead of phoning Rama and congratulating him, like most European leaders. By the way, the Albanian president was elected by the parliament, and I was elected by Croatian voters," Milanović said, adding: "He should take care that that does not happen to him."

ZAGREB, 5 May, 2021 - Minister of Justice and Administration Ivan Malenica said on Wednesday that at the moment he was not considering the possibility of amending the Constitution with regard to the selection of Supreme Court President, commenting on a proposal by Supreme Court Vice-President Marin Mrčela under which judges should elect the chief justice themselves.

Mrčela believes that the dispute over the selection of Supreme Court President could be avoided if judges themselves elected the court's president, similarly to the election of the president of the Constitutional Court.

"In amending the Courts Act we acted in line with the recommendations of GRECO - Group of States against Corruption which is the Council of Europe's anti-corruption body, where we additionally analysed the entire process of selecting the President of the Supreme Court. The procedure is defined by the Constitution itself and at the moment that is not on the cards nor has any consideration been given to changing the Constitution regarding the selection of Supreme Court President," Malenica said ahead of an inner cabinet meeting.

Malenica doesn't think that Mrčela has overdone it with his proposal or that he is meddling in politics.

"I wouldn't say that he's overdone it nor that he is meddling in politics. He expressed his opinion. I don't think that was a political statement. That is an opinion he has as a Supreme Court judge and president of GRECO. I don't see it as political meddling," said Malenica.

Malenica said that, as part of the anti-corruption package, which is based on the National Resilience and Recovery Plan, the ministry foresees 13 reform activities aimed at improving the work of the courts. The objective is to reduce the duration of court proceedings and the number of unresolved cases.

"We have certain tools within the framework of the anti-corruption package that we are putting at the disposal of the State Judicial Council and the State Prosecutorial Council with regard to checking declarations of assets by judges and state attorneys, and we are considering introducing security checks for judges," said Malenica.

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ZAGREB, 5 May, 2021 - President Zoran Milanović on Wednesday described as absurd and dangerous the proposal by Supreme Court Vice President Marin Mrčela that it was judges who should elect the president of the highest court in the country.

Mrčela told the public television service HTV on Tuesday evening that disputes over the appointment of the Supreme Court President could be avoided if the system of selection was changed so that judges themselves elected the chief justice.

In order to change the process of selection of the Supreme Court President, it is necessary to amend the Constitution, which, however, requires a political consensus, Mrčela said on HTV's prime-time news programme.

President Milanović today criticised the appearance of a judge in the national broadcaster's prime time news programme.

"I consider it very dangerous that judges should appear in prime time news programmes to say what the Croatian Constitution should look like, after they themselves have destroyed it many times," Milanović said. "I don't dare come out with ideas that can change the world, while a judge, who obviously serves a life term, does," he added.

Milanović said that as the head of state he did not see himself in the role of someone who amends the Constitution but someone who guards it.

He  went on to say that Mrčela's proposal was "absolutely absurd" and such a model did not exist anywhere in Europe.

Milanović said that Mrčela, as a judge, was promoting political ideas. "That was a political statement. I urge judges not to comment on the political system in Croatia," the president said.

Mrčela also said that the current disputes about the future Supreme Court President were purely political, and pushed for removing politics from the process of appointment of the Supreme Court President.

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ZAGREB, 5 May, 2021 - Supreme Court Vice President Marin Mrčela told the national broadcaster (HTV) on Tuesday evening that the disputes in the election of that court's president could be avoided if the system of the selection is changed so that it is the judges themselves who elect their top-ranking colleague.

In this context he mentioned the model of the selection of the president of the Constitutional Court who is appointed by his/her colleagues.

Mrčela said that the current disputes about the future Supreme Court president are purely political.

He pushed for removing politics from the process of the appointment of the Supreme Court President and added that it would also be conducive to reducing the perception of the political influence on the judiciary.

In order to change the process of the selection of the Supreme Court President, it is necessary to amend the Constitution which, however, requires a political consensus, he admitted.

 A total of five candidacies have been submitted for the new head of the Supreme Court.

Earlier on Tuesday, President Zoran Milanović said that law professor Zlata Đurđević was his candidate for the Supreme Court president and asked members of parliament to think carefully before they reject her because he would hang tough on this matter.

Mrčela said that the Supreme Court would also give its opinion on the candidates, however, this opinion was not binding, despite GRECO's recommendations that it should be treated as binding.

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ZAGREB, 4 May, 2021 - President Zoran Milanović said on Tuesday that law professor Zlata Đurđević was his candidate for the Supreme Court president and asked members of parliament to think carefully before they reject her because he would not give up.

"I am taking this opportunity to ask members of parliament to think carefully about whether they want to turn down such a competent and good candidate for the Supreme Court president, because we have never had a better candidate," Milanović told reporters during a visit to Ogulin.

Đurđević morally, intellectually up to the task, competent

"They should disregard all the lies, fabrications, Lex Perković... That was all a lie, she is completely clean, morally and intellectually up to the task, as well as competent. If they choose to vote against her, I will not hang tough on this nomination."

Milanović repeated that Đurđević was his candidate, that under the Constitution he proposed the candidate for Supreme Court president and that no parliamentary committee or the Supreme Court Council would be able to change his mind.

"I am the President, I propose the candidate and explain my choice and the parliament has the right to turn them down," he said.

"I believe that the parliamentary majority will opt for the candidate whom I consider excellent. I will ask each MP individually to state the reasons they are against her," Milanović said, dismissing speculation that the judicial authorities were in a state of crisis.

Asked if he would meet with Prime Minister Andrej Plenković, Milanović said that he was always ready for talks with the prime minister.

"I invited him to lay wreaths with me in Okučani, he chickened out," he said.

As for Sunday's incident in Borovo Selo, where a group of young men marched through the town chanting anti-Serb messages, Milanović repeated that police were under the influence of politics, that is, Minister of the Interior Davor Božinović and PM Plenković, and that he considered them responsible for the incident.

Asked about Serb minority MP Milorad Pupovac's comment that Milanović, too, was responsible for incidents, Milanović said ironically "Yes, I'm to blame for the Kennedy assassination as well. He was killed in 1963, I was born in 1966 but I had my hand in it."

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ZAGREB, 23 April, 2021 - The conviction of Varaždin Mayor Ivan Čehok, businessman Davor Patafta and Patafta's associate Narcisa Huljev was quashed on appeal by the Supreme Court.

The Supreme Court stated on Friday that it established that during the trial the first-instance court violated provisions of the criminal proceedings and therefore the Supreme Court ordered a retrial in this case.

In July 2018, Zagreb County Court sentenced Varaždin mayor Ivan Čehok to two years in prison after the court found him guilty of the charges of having favoured companies owned by his co-defendant, businessman Davor Patafta, and defrauding the city budget of 14 million kuna between late 2007 and mid-2011.

Patafta was sentenced to 20 months for incitement to abuse of office. Also sentenced was Narcisa Huljev, who works for Patafta. She was given a sentence of 18 months of which she will spend nine in jail. The other indictees in this case were Tomislav Kezelj and Hrvoje Vojvoda, who were acquitted, and three firms owned by Patafta. The national serious fraud office USKOK had accused them of conspiracy to commit crime, abuse of office, and incitement to abuse of office.

Čehok resigned as mayor of over the case in 2014. He was re-elected mayor in local elections held in 2017.

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