ZAGREB, 10 Sept 2021 - The parliamentary Judiciary Committee will vote at a later date on candidates for the Supreme Court president due to a dispute over disciplinary proceedings launched before the State Judicial Council (DSV) against President Zoran Milanović's candidate for the post, Judge Radovan Dobronić.

After five candidates presented their programmes and answered questions from members of the Judiciary Committee for seven hours on Thursday, Committee members decided to postpone the vote at the proposal of MP Krunoslav Katičić of the ruling HDZ party, who said that before taking the vote the Committee should have all information regarding disciplinary proceedings against Dobronić.

The Committee, whose decision is non-binding on the constitutional proposer of the candidate for the Supreme Court head, President Zoran Milanović, on Thursday interviewed Dobronić, Barbara Gundić, Marin Mrčela, Lana Petö Kujundžić and Šime Savić.

Dobronić: Judiciary has lost minimum trust of citizens

In his address to the Committee, Dobronić said that the judiciary has lost the minimum trust of citizens but that it is not true that judges are lazy and that the system is being blocked by a large number of cases.

Between 200,000 and 300,000 cases are related to the state or state-owned companies, he said, noting that the situation could be improved significantly by improving governance at the central and local levels.

Asked by HDZ MP Dražen Bošnjaković how he would deal with the problem of corruption in the judiciary, Dobronić said that more than 90% of judges work in good faith but that the judiciary, as a branch of government, should be 100% vetted.

"No judge must make an omission. The corruption rate among judges is not even 1-2%, but that undermines trust in the system," he said, adding that Croatian judges are also EU judges and their decisions have far-reaching consequences.

Asked by HDZ MP Damir Habijan which measures he would introduce if he was elected Supreme Court president, Dobronić cited reorganisation of the judiciary, education for business people, changes to the system of public notaries, and the reorganisation of work regarding complaints, which, he said, would reduce the number of cases by 30-50%.

Dobronić says learned about disciplinary proceedings from reporters

HDZ MP Marija Jelkovac wanted to know about disciplinary proceedings launched against him for "lack of due diligence in performing his duties as a judge". Dobronić said that he had been informed about the proceedings by reporters and that in 2019, the year in question, he worked on old cases, appeals and other judges' cases and that the time spent on that type of work was not taken into account.

"I do not feel affected by it (disciplinary proceedings) because it is completely beside the mark and wrong," he said, noting that there is an awareness of this problem in the judiciary and that he intends to deal with it by introducing controls of the quality of performance.

Asked by Bridge MP Nikola Grmoja to assess the system of allocation of cases to judges, Dobrinić said that judges themselves do not understand the criteria under which they are given individual cases.

"I do not know if that is abused in individual cases, but the system can be better programmed," he said.

Asked by HDZ MP Ljubica Lukačić what he could do to make the judiciary available to everyone, Dobronić said that the practice of judges writing complaints for citizens free of charge on certain days is a good legacy of the previous, Socialist system and that it could be reintroduced.

Judges must focus on merits of case

Social Democrat MP Vesna Nađ asked Dobronić where he saw resistance and where allies in the implementation of reforms, to which he said that resistance can happen at any level. 

He also noted that enforcement judges should focus "on the merits of a case rather than nitpick over every single kuna."

Zlata Đurđević, President Milanović's previous candidate for Supreme Court president and external member of the Judiciary Committee, raised the issue of the State Judicial Council's work.

"It should definitely be defined in a different way. It has never been discussed what to do when someone constantly writes reasonings of judgements that make no sense," he said.

Speaking of uneven court practice, which he considers one of the main issues, Dobronić said that it happens because judges make a large number of decisions, but he recalled that departments have been established to monitor case law and warn a judge if their predecessor has already made a ruling in a similar case.

"Judges should discuss their cases more with one another and share their experience," he said.

Asked by Homeland Movement MP Stephen Nikola Bartulica if he believed that in Croatia the process of lustration had been carried out, Dobronić said that some judges had been treated unfairly in both systems.

Mrčela: Belittling of judges comes from politicians

Presenting his programme, the acting President of the Supreme Court, Marin Mrčela, said that the head of the highest court in the country is neither a radical nor a revolutionary but that he or she can initiate steps to improve the situation in the judiciary.

Noting that his programme contains 39 such measures, he said that there are 22 key problems in the judiciary, singling out the length of proceedings, public perception of the judiciary and the atmosphere in which it is normal to belittle judges' decisions.

In that regard, he also mentioned insufficient economic and human resources, too broad jurisdiction of courts, the platitude about the existence of a judicial clique and the autism of judges, and judges' affiliation to political groups, which he said is untrue.

Mrčela said that the belittling of judges comes from politicians, including high-level ones, and that messages in the media saying that "judges and politicians should be killed" should be taken seriously. "The problems of the judiciary, the length of proceedings, immorality and even corruption, should not be cause for political influence on the judiciary."

Asked by Dražen Bošnjaković (HDZ) whether the legal provision on legal protection and allowing the Supreme Court to standardise case law of criminal courts should be changed, Mrčela said that he does not agree with the proposal by former Supreme Court President Đuro Sessa that it should be changed. "We only need to leave open the possibility for the Supreme Court to standardise case law using extraordinary remedies, as has been the case so far."

Independent MP Karolina Vidović Krišto was interested in Mrčela's opinion on civil society organisations that protect victims of paedophilia, which claim that sentences handed down by the Supreme Court against paedophiles are too lenient. "I will personally advocate for all criminal cases to be analysed. Punishment must not be an expression of anger, but of careful thinking on the part of judges in deciding on a sentence," Mrčela said.

Speaking of the length of proceedings, Mrčela said that court presidents have the authority to order a case to be dealt with within the shortest time possible, and that such deadlines should be instructive. He concluded by saying that it would be good if politicians did not comment on specific cases.

High Criminal Court Judge Lana Petö Kujundžić said while presenting her programme that the Supreme Court must be efficient, fast and expeditious in dealing with cases and that it must use its authority to make this possible for other courts as well. She stressed the importance of all courts having equal technical equipment, and added that courts must be more open to the public in order to change public perception of the judiciary. She expressed concern about judicial administrative staff being underpaid.

Presenting his programme, Zagreb lawyer Šime Savić commented on the assessment made by the general session of the Supreme Court that he is insufficiently competent for the post of Supreme Court President. He said that with his election the Supreme Court would get the best president. As the only candidate to have responded to all three public calls for applications, at the end of the marathon hearing he said that they would meet again for a forth time.

A candidate for Supreme Court President is proposed by the President of the Republic after a prior advisory opinion from the parliamentary Judiciary Committee and a general meeting of the Supreme Court. At the Supreme Court's general meeting held early this month, Mrčela received 29 votes, Dobronić received four, while the other candidates did not receive any votes.

Milanović has said earlier that Dobronić, who is known for his judgment against banks in the case of CHF-denominated loans, is his candidate, while the parliamentary majority has announced that they will decide on the candidates after the decision by the Judiciary Committee and the general meeting of the Supreme Court.

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ZAGREB, 7 Sept, 2021 - The Franak association on Tuesday called on its members to send emails to members of parliament ahead of a parliamentary vote on President Zoran Milanović's candidate for Supreme Court president, Radovan Dobronić, expressing support for his election.

Franak brings together former holders of loans pegged to the Swiss franc whose loans were converted to euro-denominated loans.

On 4 July 2013, the Zagreb Commercial Court delivered a ruling in favour of the Consumer Protection Association which had sued eight banks with regard to the Swiss franc foreign currency clause and their unilateral decision to increase interest rates.

The judgement was handed down by Judge Dobronić, who said at the time that the banks had violated consumers' rights by failing to fully inform them about all the parameters necessary to decide on taking loans.

The ruling on the legal nullity of the currency clause in contracts on loans pegged to the Swiss franc was later upheld by the High Commercial Court.

Eight years ago, Judge Dobronić gave hope to all holders of CHF-indexed loans, the Franak association said today.

"We believe that we do not have to explain in great detail the reasons why we are confident that Judge Dobronić is the only candidate who can launch the necessary changes in the judiciary. We believe that by expressing our support for him we can send a message to members of parliament and let them know who is the citizens' choice," Franak said.

In a draft message of support for Judge Dobronić, which can be sent by citizens to members of the parliamentary Judiciary Committee, which is to interview candidates for Supreme Court president, and their party groups, Franak says: "By supporting Judge Dobronić for Supreme Court President you will restore citizens' hope and faith in judicial autonomy and a just Croatia."

The Judiciary Committee is to interview the candidates on 9 September.

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ZAGREB, 7 Aug, 2021 - Five applications for president of the Supreme Court have arrived at the State Judicial Council in a third round of the selection process, Večernji List daily said on Saturday.

They have been submitted by Zagreb Commercial Court judge Radovan Dobronić, Supreme Court judge Marin Mrčela, Zagreb attorney Šime Savić, High Criminal Court judge Lana Peto Kujundžić, and Požega master of law Daniel Mejer, who does not meet the requirements, the paper said.

President Zoran Milanović, who recommends a candidate to parliament, said before the deadline for the submission of applications expired that Dobronić was his candidate and that they had agreed that he should apply for the post.

Savić applied in the previous two rounds and Peto Kujundžić did so in the second, but neither received a positive opinion either from the Supreme Court General Convention or the parliamentary Judiciary Committee.

Applications in the third round could be submitted by midnight on Friday, but only on Monday will it be known if there are more candidates as applications could also be sent by post.

Although Milanović did not know that disciplinary action was initiated against Dobronić last October--- the president said that would not affect his decision to recommend him to parliament.

Under the State Judicial Council Act, a judge against whom disciplinary action has been taken cannot be appointed to another court from one to four years of the decision on the punishment becoming final. If elected Supreme Court president by parliament, the State Judicial Council would have to appoint Dobronić a Supreme Court judge as well.

A court president's term in office ends on the day the decision on disciplinary action against them becomes final. But regulations on the Supreme Court president do not state that disciplinary action is an obstacle to their appointment or a reason for their dismissal.

Disciplinary action against Dobronić was demanded in October 2020 and the question is whether it should be taken now, before parliament votes on his candidacy, and how that would be interpreted if he were punished, Večenji List said.

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ZAGREB, 6 Aug 2021 - Parliament Speaker Gordan Jandroković on Friday expressed a wish for the best candidate to be selected in a third attempt to appoint the Supreme Court president.

"It is my wish, and I believe most of us involved share it, that this time the best candidate is chosen," Jandroković said during a visit to Split, on the last day potential candidates were able to submit their applications for the post of Supreme Court president.

The State Judicial Council on 7 July published a third public call for the head of the Supreme Court, with 30 days as the application deadline, which expires at midnight.

After the President of the Republic proposes one of the candidates, they will be discussed by the parliament.

Earlier this week, President Zoran Milanović confirmed that he would propose Zagreb Commercial Court judge Radovan Dobronić who in 2013 ruled against eight banks in a case concerning loans denominated in Swiss francs.

Jandroković said today that the ruling majority had still not discussed the candidates.

"We need to see their biographies, programmes, and what the Judiciary Committee and the General Convention of the Supreme Court will say," Jandroković said when asked if there was a consensus on Milanović's candidate.

He noted that it was not impossible the parliament would meet in early September to discuss the topic.

Milanović said earlier that he would nominate his candidate on time after his first candidate Zlata Đurđević did not receive majority support in the parliament.

After the term of Supreme Court president Đuro Sessa expired on 20 July, his deputy Marin Mrčela took over.

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ZAGREB, 26 July, 2021 - The Croatian Supreme Court has dismissed an appeal by British national Douglas Cane, upholding a ruling sentencing him to 24 years in prison for murder and attempted murder at the Zrće beach on the northern Adriatic island of Pag in June 2018.

Without revealing the identity of the accused, the Supreme Court said that the sentence by the appellate court was appropriate given the accused's profile and the circumstances of the crime.

The Supreme Court said that the sentence was neither too harsh nor too lenient, recalling that Cane was sentenced to 17 years in prison for murder and to eight years for attempted murder and that he was given a combined sentence of 24 years.

The court cited his earlier convictions in the UK and his attempt to flee Croatia after the crime. He had shaved his head in an attempt to disguise his identity, police said at the time.

Early in the morning of 27 June 2018, after an argument with three persons, Cane attacked and stabbed Briton Ugo Wilson to death. The other victim, also a Briton, rushed to help Wilson but Cane stabbed him as well, using a sharp object resembling a knife. The man was rushed to the hospital and survived.

The media said at the time that it was most likely a showdown of drug dealing gangs.

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ZAGREB, 21 July, 2021 - Justice and Public Administration Minister Ivan Malenica said on Wednesday that Croatia has not disgraced itself before Europe by failing to appoint a Supreme Court president, adding that he expected the best candidates to apply for the post and the president to recommend a new candidate as soon as possible.

"The European Commission clearly said in this year's rule-of-law report on Croatia that there are certain controversies and that there is a certain disparagement of some judges. We know who that comes from, it certainly didn't come from the government," Malenica told the press.

He said the Commission's report was measured and that, to a large extent, it provided a fair overview of the situation, recognising certain shortcomings and confirming certain improvements.

Malenica said the shortcomings concerned the length of proceedings and backlogs.

"However, the report says that certain progress has been made in that area by shortening court proceedings and gradually reducing backlogs," he said, adding that the Commission highlighted as improvements an increase in transparency via the publication of officials' declarations of assets, further investment in the digitalisation of the justice system, and the gradual strengthening of judicial bodies' capacities.

The investigation and prosecution of corruption crimes have also been highlighted as an improvement, the minister added.

After last year's report, he said, the Justice Ministry undertook certain activities to amend legislation with a view to reducing backlogs and the length of proceedings.

Croatia has no problem with rule of law, but there is room for progress

"Croatia is not ranked among countries that have problems with the rule of law and it is not being discussed in the European Parliament nor has it been exposed to special resolutions being adopted, as is the case with Bulgaria, Poland, Slovakia and Slovenia," Malenica said, adding that room for progress existed.

"We are confident that, through the National Resilience and Recovery Plan, in which we envisaged 13 reforms and six investments, the image of the situation in the Croatian judiciary will additionally improve."

Asked about the dismissal of SLAPP lawsuits against journalists, Malenica said they should be viewed in a broader context.

"The Culture and Media Ministry has formed a task force to deal with that issue... This government and the Culture and Media Ministry are willing to consider the issue of SLAPP lawsuits in a wider task force."

He said that last year there were 250 of these lawsuits but he could not say how many were upheld.

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ZAGREB, 20 July, 2021 - The Supreme Court said on Tuesday that the term of office of Supreme Court President Đuro Sessa had expired and he would be replaced by Deputy President Marin Mrčela, adding there is no constitutional crisis and that judges continue to exercise the judicial power as determined by the Constitution and law.

"Until the new president is elected, the affairs of the court administration will be performed by the deputy president, whose powers are determined by the law adopted by the Croatian parliament. There is democratic legitimacy because the law was adopted by democratically elected representatives," the press release said.

The length of court proceedings is the biggest problem, it was underscored, so further action will be taken in terms of court administration to continue reducing the number of cases and resolving them more quickly.

"There is no constitutional crisis. Judges did not 'produce' this situation nor do they want to be part of daily political confrontations," the Supreme Court said.

Sessa was Supreme Court President since 20 July 2017. He also applied for a new term in office in the first public call issued by the State Judicial Council this year, but President Zoran Milanović did not recommend him or anyone else who applied to the parliament.

The State Judicial Council issued the second public call after the Supreme Court had concluded that the president could only nominate a candidate who applied to the public call. Sessa did not apply, saying that President Milanović, who recommended Zlata Đurđević for Supreme Court President, clearly did not want to recommend him to the parliament for that position.

On 7 July, the State Judicial Council issued the third public call for the appointment of a new Supreme Court President, and Milanović said he would nominate his candidate, after Zlata Đurđević did not receive the support of a majority of MPs.

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ZAGREB, 28 June 2021 - President Zoran Milanović repeated on Monday that he considered the ruling HDZ party to be in a conflict of interest regarding the election of the Supreme Court president because proceedings against the party for "the crime of plundering the state" were underway at the Supreme Court.

"They (HDZ) care very much about who is at the helm of the Supreme Court. That person can always have a certain amount of influence, that's why it is a problem, and the HDZ is in a conflict of interest," Milanović said.

Addressing reporters after a commemoration for Croatian defenders in Osijek, Milanović said that there were not many candidates for the Supreme Court president who would not tolerate intimidation like his candidate Zlata Đurđević.

Public call unconstitutional, harmful, unintelligent

As for the public call for the post of the Supreme Court president, which is advertised by the State Judicial Council (DSV), Milanović said that "it is an unconstitutional category, very harmful and unintelligent" because it had transpired that it had to be repeated.

"That makes it impossible for me to, in a way, reach prior agreement on the candidate with the main stakeholders - the president of the biggest party, the HDZ, and some other people in the parliament. If we have a public call, all that is left for me to do is to pick a person who has applied to the public call," said Milanović.

Otherwise, the entire concept of public call is a mockery, he said, adding that with a public call there were no prior agreements.

"Politics requires a degree of intelligence that is higher than room temperature," he said, adding that this referred to all those involved in the amendment and adoption of laws that were contrary to the Constitution.

He repeated that the Courts Act was amended to restrict the powers of the president of the republic, not his but his predecessor Kolinda Grabar-Kitarović's, in which process damage was caused.

"We now have something some call a constitutional crisis, and I call it a crisis of legitimacy. The person who will now stand in (as Supreme Court president) does not have any legitimacy. That is some judge on whom agreement has been reached in line with the annual work schedule," he said.

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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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June 25th, 2021 -  MPs on Friday rejected President Zoran Milanović's recommendation that Zlata Đurđević is appointed Supreme Court president by 81 votes against, 37 for, and five abstentions.

Before the vote, Marijan Pavliček (Sovereignists) reiterated that Đurđević was unacceptable because she was "ideologically colored, an exponent of liberal-left politics and a toy in President Zoran Milanović's hands."

"There is no ideology about her. On the contrary, she is a professional who bothers all those who don't want change," said Krešo Beljak (People's Party).

Peđa Grbin (Social Democrats) said there were two groups, one that felt that everything in Croatia's judiciary was all right and wanted to change things.

Dražen Bošnjaković (ruling HDZ) said Đurđević did not apply for the post, that she broke the law and that it was therefore unacceptable to appoint her to the Supreme Court.

Stephen Bartulica (Homeland Movement) said Đurđević was "not the best candidate."

Milorad Pupovac (Independent Democratic Serb Party) said it was a pity the procedure had been contaminated from the start and that it was not only a matter of a good candidate but the election atmosphere.

Urša Raukar Gamulin (Green-Left Coalition) said one should elect based on objective and professional criteria and that short-term political interests should be eliminated from such elections.

Marija Selak Raspudić (bridge) called everything a farce in which parliament was reduced to a worthless institution that should participate in a show whose outcome was predetermined.

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