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, 9 June 2021

Arrested Osijek Judges Sent to Zagreb For USKOK Questioning

ZAGREB, 9 June, 2021 - The three judges of Osijek County Court who were arrested on suspicion of graft on Wednesday morning have been transferred to Zagreb for questioning by the Office for Suppression of Corruption and Organised Crime (USKOK).

According to unofficial information, the judges Darko Krušlin and Ante Kvesić were already brought to the USKOK headquarters, after which judge Zvonko Vekić and businessman Drago Tadić were expected too.

USKOK said the arrests were the result of an investigation conducted in cooperation with the police anti-corruption office (PNUSKOK) and tax authorities. The investigation was prompted by accusations made by former Dinamo football club boss Zdravko Mamić who claimed he had bribed the judges concerned to clear him of the charges of embezzlement of money from that sport club.

The State Judicial Council (DSV) previously launched disciplinary proceedings against Krušlin and Vekić, following a request to that effect by the Osijek County Court, for socialising with Mamić. Mamić fled to Bosnia and Herzegovina a few years ago before the announcement of a trial court ruling in a case in which he was charged with siphoning HRK 116 million from Dinamo.

The judges were suspended in late March pending the completion of disciplinary proceedings, and the DSV at the time also rejected a motion by Mamić's defence to be party to the proceedings.

The arrest of three judges a blow to the court

Osijek County Court president Zvonko Vrban told Hina today that the apprehension of the three judges was "a blow to the County Court in Osijek in terms of its functioning."

The court is going to make technical rearrangements, however, "the reputation of those who work in the court can now be questioned by clients".

Vrban declined to comment on the speculation that Mamić bribed the judges in cash, by paying for their travel arrangements and buying them shoes and clothes to make sure they would acquit him.

Last October, Mamić sent USKOK corruption investigators a USB stick with evidence incriminating the judges. On 16 March this year, after the Supreme Court upheld the trial court sentence against him of six and a half years in prison, Mamić held a press conference in the southern Bosnia and Herzegovina city of Mostar, accusing Supreme Court President Đuro Sessa and judges Vekić and Krušlin of corruption and bribe taking, and calling Osijek County Court president Vrban "a criminal who will be dismissed sooner or later."

Mamić claimed that he had paid Vekić over €500,000, which he was to split with Krušlin and Kvesić.

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Tuesday, 25 May 2021

Zlata Đurđević: If I Am Not Elected by Sabor, I Will Not Apply After New Public Call

ZAGREB, 25 May, 2021 - President Zoran Milanović's candidate for the Supreme Court president, Zlata Đurđević, said on Tuesday that she would not apply again for the post if she was not elected by the parliament because she did not feel the need to further participate in political processes.

"If the parliament does not elect me, I will not apply after a new public call by the State Judicial Council. I have put myself at the head of state and parliament's disposal with my competence, integrity and responsibility. If they do not support it, I will not apply for the position again. I have my vocation and job that I find entirely fulfilling and I have no need to further participate in political processes," Đurđević told reporters after a session of the parliamentary Judiciary Committee, which she attended as an external member.

"The Committee has made a very good decision and I think that all candidates should be interviewed because the Committee must decide on all candidates transparently and give its opinion," she said in a comment on the Judiciary Committee's decision to invite and interview all five candidates for the Supreme Court president so it could discuss their programmes.

"I expect the parliament to make a decision in line with the Constitution and laws," she said when asked to comment on the fact that she did not enjoy the support of the ruling HDZ party, stressing that she was not in a political battle and did not intend to comment on whether she stood a political chance of being elected.

"I was proposed to the post by the President of the Republic, I applied following a public call and I did not violate any law. I did not apply after the first public call just like many other qualified candidates did not. The prime minister, too, meets the conditions to be the president of the Supreme Court and he did not apply. He has his own reasons and I had my own. I did not believe that the head of state would nominate me. Also, at that time I was in the process of selection for a judge at the European Court of Human Rights and, simply put, I do not apply for more than one position at a time," she said when asked about disputes regarding her candidacy.

"When the President of the Republic offered me (the nomination), I accepted it, and that happened after he said that he would not back any of the candidates who applied for the position at the time, which means that at that moment the first public call ended because he (President) is the authorised proposer. After that, I told him that I was willing to apply after a second public call was published, and I did so," Đurđević said, dismissing once again the possibility that she had acted unlawfully and noting that the possibility of repeating the public call was created only following a subsequent decision to that effect by the Constitutional Court.

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Tuesday, 18 May 2021

Supreme Court Judges Do Not Support Any of Candidates For Supreme Court President

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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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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Thursday, 25 March 2021

President Zoran Milanović Asks State Judicial Council to Urgently Repeat Public Call for Supreme Court Head

 ZAGREB, 25 March, 2021 - President Zoran Milanović on Thursday called on the State Judicial Council (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 candidates who had applied following a previous public call.

The Office of the President said that it had sent the DSV a notification informing it that Milanović would not propose for the Supreme Court president any of the candidates who had applied, and that it therefore proposed that the public call be repeated as soon as possible as "under the Constitution, the President is obliged to care for the regular and normal functioning and stability of state authority and in that context wants to ensure conditions for better and more efficient work of the judicial authorities, as well as ensure the unobstructed operation of the State Election Commission."

The office stresses 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 wants, "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.

The Office of the President proposes that the DSV repeat the public call as soon as possible and that it last no longer than 15 days, considering that one public call was already advertised.

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.

For more about politics in Croatia, follow TCN's dedicated page.

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