ZAGREB, 15 June, 2021 - Zlata Đurđević, a candidate for the Supreme Court president, said on Tuesday that corporatism, denoting a closed professional group with privileges without any external oversight, was the main problem of the Croatian judiciary.

"It is important to achieve a balance between judicial autonomy and judicial responsibility for the sake of avoiding corporatism. That is not talked about in Croatia, and when someone speaks up about it, it is considered a taboo and an insult even though both GRECO and the Venice Commission have pointed to the problem of corporatism," Đurđević said at a panel discussion entitled "Judiciary and public: Ensuring responsible and transparent administration of justice".

Đurđević believes that the main cause of judicial corporatism is the fact that two-thirds of the State Judicial Council (DSV) members are judges, and that in appointing judges, external excellence criteria are disregarded while what is taken into account are the test and the job interview but not one's performance as an undergraduate, which is why other institutions have no influence on whether a judge is sufficiently competent.

State responsible for judges' work

"There is no public discussion about the candidates, voting is secret but the DSV president knows how DSV members have voted," she said, stressing that judges are government employees and the state is responsible for their work, materially and before international courts, since the government represents the state before the European Court of Human Rights.

Principle of publicity one of most important

The head of the Croatian Academy of Sciences and Arts (HAZU) Council for State Administration, Judiciary and Rule of Law, Jakša Barbić, stressed that the principle of publicity was one of the most important guarantees that judges and courts acted in line with their social role and functions.

"Trials must be public. It is not enough to administer justice, it is also important that everyone is aware and knows that it is administered, which is why all rulings should be made public and easily searchable," he said.

He noted that the actual state of court efficiency was determined, among other things, based on the number of accepted court rulings and that one should not base their opinion about the judiciary on cases that cause public disapproval.

Speakers at the panel and participants in the subsequent discussion were agreed that there is a tendency on the part of the judiciary to close itself off from the public and treat negatively any public criticism of the judiciary. It was also stressed that judicial officials brand criticism as populism, dismissing even well-intentioned warnings about rulings that are legally and socially deeply unacceptable.

This results, it was said, in antagonism between the judiciary and the public and a very low level of public trust in and respect for the judiciary.

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

ZAGREB, 11 June 2021- The open hearing in the Fimi Media corruption case before the Supreme Court ended on Friday with the defence and prosecution presenting their appeals against a non-final ruling handed down by Zagreb County Court, and the Supreme Court ruling is expected within the next month.

The defence attorneys representing Ivo Sanader, a former prime minister and one time leader of the Croatian Democratic Union (HDZ), Jadranka Sloković and Čedo Prodanović, reiterated that in delivering its ruling Zagreb County Court did not take account of the Supreme Court's opinion from 2015 when the highest court in the country quashed the non-final verdict handed down in 2013, stating that Sanader was denied his right to cross-examination as his co-defendants refused to answer his questions.

In November 2020, Sanader was found guilty pending appeal and sentenced to eight years in prison for siphoning money from state-owned companies and institutions. Also convicted in a retrial before Zagreb County Court were former HDZ treasurer Mladen Barisic and accountant Branka Pavosevic while the party, in whose slush fund some of the siphoned money had allegedly ended up, was found "responsible."

Sanader waiting in jail for several cases to be resolved

One month after the non-final ruling in the Fimi Media case ,the Constitutional Court rejected a complaint by Sanader in the Planinska Street case, in which he has been convicted and is currently serving a six-year prison term. With that ruling by the highest court in the country, Sanader has exhausted all legal means to appeal against decisions before the national courts.

Sanader was convicted of taking a commission of HRK 17.5 million after the state bought a building in Planinska Street in Zagreb that was owned by former HDZ parliamentarian Stjepan Fiolić. Zagreb County Court delivered the conviction in 2017 and the Supreme Court upheld the ruling in April 2019.

In the meantime Sanader is waiting for a decision by the Supreme Court after he was sentenced to six years imprisonment for taking a bribe from the Hungarian energy group MOL. If the sentence is upheld, Sanader will have to pay back €5 million into the state budget.

For more news from Croatia, follow TCN's dedicated news page.

ZAGREB, 29 May 2021 - Croatian President Zoran Milanović has invalidated former President Ivo Josipović's decision on stripping wartime Osijek official, general Branimir Glavaš, of war medals, since Glavaš's convictions were quashed and the retrials were ordered.

Glavaš's son, lawyer Filip Glavaš, told Hina on Saturday, that the return of the seven war medals to his father were the only logical and fair decision as his father had no longer the status of a convict.

Milanović's decision on declaring null and void Josipović's decision was published in the Official Gazette after it had been adopted on 21 May on the advice of the state commission for decorations and awards and in line with the Constitution and the relevant legislation.

The commission took into consideration the changes in the trials in the cases dubbed 'Garage' and 'Duct tape' for the war crimes against local Serbs in the eastern Croatian city of Osijek in the early 1990s.

Lawyer Filip Glavaš said today that the reasons such as the final convictions for stripping his father of war decorations had not existed for some time and that in 2019, they had asked the then president Kolinda Grabar-Kitarović to return the decoration to his father.

However, she ignored our request, the lawyer Filip Glavaš told Hina.

 A month ago we sent the request to this effect to  President Zoran Milanović, and he granted our request, which is the only fair and logical decision considering the fact that the Constitutional and Supreme Courts quashed the convictions, he said.

The Supreme Court quashed the trial court verdict on 28 July 2016 and requested the Zagreb County Court to hold a new trial in this case.

In the initial trial which lasted from October 2007 to April 2009, Glavaš and the other accused were sentenced to lengthy prison terms but the final verdict was quashed by the Supreme Court. By that time Glavas had served most of his eight-year term in prisons in Bosnia and Herzegovina where he fled before the announcement of the trial court verdict.

In late November 2019, Glavaš, who was still standing trial for war crimes, supported in Osijek with his signature Milanović's presidential candidacy, saying that his signature "is not a signature for the SDP or for drawing closer to the SDP but for Milanović as a candidate for the president of the republic", while members of his HDSSB party would decide for themselves whose presidential bid to support.

Later that day, Milanović, who was  the Social Democratic Party (SDP) candidate for the Croatian president,  said that he distanced himself from the support expressed for his presidential bid by member of parliament and HDSSB party leader Branimir Glavaš.

"I would like to distance myself from his support because Glavaš is not my kind of people. I think that (his support) is a message to (PM Andrej) Plenković. The man has been indicted for grave war crimes and the court is expected to make a ruling. The biggest problem about it is that the trial is taking too long, considering that the events in question happened in Osijek in 1991. That is something that I, as the future president, will change if I can, by statements and by exerting pressure at least. The case is still under way and that's not how the judiciary should work," Milanović said then during his presidential campaign.

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.

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

ZAGREB, 25 May, 2021 - Croatia's Supreme Court on Tuesday pointed to examples of arbitrary criticism made by some politicians and individuals against the judiciary "which leads to the general inclination to express tendentious extreme views".

This may be a consequence of a lack of experience and knowledge that is acquired through work in courts or the absence of a complete understanding of the work of judges, as well as of the wish of protagonists in the public life to gain popularity in their political community, counting on the fact that the professional status of judges requires from them to refrain from conflicts that happen in the public sphere, the Supreme Court says in its statement.

Expedient and rigid opinions on functioning of judiciary

"The media space is occupied by individuals with minimum or no experience who express expedient and rigid opinions on the functionality of the judicial authorities and the ethical deficit allegedly prevailing among judicial officials," the Supreme Court warns.

The Court says that such arbitrary attitudes, which are not based on serious and comprehensive analyses, could be heard from the President of the Republic (Zoran Milanović), some parliamentary deputies and some members of the academic community and lawyers.

Encouraging and promoting general intolerance towards judges, by branding them as "an isolated hedonistic community which exists per se and does not answer to anyone" is unacceptable, says the Supreme Court.

The work of judges is exposed to public scrutiny and is also liable to disciplinary and criminal proceedings as established by the law, the Court says.

It also dismisses claims made by law professor Zlata Đurđević, an applicant  for the position of the new Supreme Court president, about the judicial authorities having become "an autonomous and isolated professional organisation" that elects and dismisses judges on its own, according to criteria it defines on its own.

The Supreme Court says that ideas about the need to reduce the acquired independence and autonomy of the judicial authorities are contrary to the Croatian Constitution and the EU acquis.

CCEJ: Politicians should not use simplistic or demagogic arguments

The Croatian Supreme Court recalls that the Consultative Council of European Judges (CCEJ), a body of the Council of Europe, has stated in its opinion on safeguarding the independence of the judiciary that "politicians should not use simplistic or demagogic arguments to make criticisms of the judiciary during political campaigns just for the sake of argument or in order to divert attention from their own shortcomings."

"Neither should individual judges be personally attacked. Politicians must never encourage disobedience to judicial decisions let alone violence against judges, as this has occurred in some member states," the CCEJ said in its press release in 2019, as quoted by the Croatian Supreme Court in its statement issued after its meeting on 18 May.

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

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.

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

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." 

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

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.

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

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.

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