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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ZAGREB, 22 April, 2021 - Justice Minister Ivan Malenica on Thursday asked the Supreme Court and the Chief State Prosecutor to say whether the existing law is sufficient for adopting decisions on precautionary measures for convicted persons, after Zoran Mamić requested to serve his sentence in Bosnia and Herzegovina.

"I'm writing you with the wish to continue the joint cooperation with the aim of building a better judicial system and an effective normative framework in the area of criminal law," Minister Ivan Malenica wrote in a letter a day after the prime minister claimed that it is necessary to clear up whether the existing legal framework is good enough for issuing precautionary measures or whether omissions are made.

"These days we have witnessed a situation where a convicted person, prior to being sent to serve his sentence, left the territory of the Republic of Croatia and is asking to serve his sentence in Bosnia and Herzegovina. This refers to Zoran Mamić, who was convicted to 4 years and 8 months in prison, in a case in which his brother Zdravko Mamić was sentenced to prison too. I remind you that one day prior to the delivery of a trial verdict, Zdravko Mamić too left Croatia and since then he is unreachable to Croatian authorities," Malenica wrote in the letter.

He underscored that this isn't the only case where convicted felons with dual citizenship have managed to avoid serving their sentences in Croatia.

Situations which undermine citizens' trust in the system 

"From the above it transpires that this is a systemic problem, that is situations which recur and which will probably occur in the future," said Malenica, adding that these situations justifiably undermine the trust of citizens in the judicial system and of the perception of the judiciary's efficiency and equity.

"They are also in contradiction to the objective of the criminal procedure which is carried out to determine, as stipulated by the law, whether a crime was committed and if it was, to punish the perpetrator or apply another appropriate measure. In situations like this, that purpose, from the aspect of applying punishment, is brought into question and it is not certain whether it will be met entirely or at all," said Malenica.

In his letter, Malenica asks what the executive authority can do to enable the judiciary to ensure that convicted felons cannot leave the country to avoid serving their sentence.

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ZAGREB, 7 April, 2021 - Prime Minister Andrej Plenković said on Wednesday that someone who planned to be president of the Supreme Court was expected to respect the law, which "is the prerequisite of every reform."

He was responding during Question Time to MP Arsen Bauk of the opposition Social Democratic Party, who said Plenković was preventing changes in the judiciary, that Croatia was the least vaccinated EU member state, that COVID-19 measures were being applied selectively and that there was no reconstruction after last year's earthquakes.

Plenković accused the SDP "and the whole left" of trying to create an "awful" atmosphere as if tomorrow there would be no wages, electricity or gas.

He said Croatia ordered 8.7 million vaccine doses and that people would be vaccinated, but that the government could not be responsible if a big drugs company had problems with its vaccine, production and distribution. "Other countries are in this situation too."

Bauk said Plenković did not refute any of his claims and that citizens believed the president more in his row with the prime minister over the election of the new Supreme Court president.

Bauk concurred with other opposition MPs' criticisms of the ruling HDZ's policies and their rejection of the possibility that Plenković's party could transform itself.

He said the HDZ's "core won't change, it's always more or less the same" and that "the HDZ has always functioned on doctrines of (...) sustainable nationalism and clientelism."

SDP MP says minister tried to bribe her

SDP MP Mirela Ahmetović said that "one of your ministers (...) personally offered me a bribe to keep quiet about all the illegal and negative things" about the LNG project off Krk island, and that as a result of the project the gas price for households went up 80% on 1 April.

Plenković accused her of having boycotted the project "dreamed of for 40 years", saying it would reduce the price of gas and that this benefitted Ahmetović as head of Omišalj Municipality.

He also dismissed claims by Marijana Puljak (Centre) that he was protecting Vice Mihanović, the HDZ's candidate for mayor of Split who is under suspicion of having plagiarised a scientific paper.

He said Mihanović had a doctorate and that it was up to the relevant commissions to decide on his doctoral dissertation, adding that Ivica Puljak, Marijana Puljak's husband, would certainly lose to Mihanović in the Split mayoral race.

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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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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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 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.

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ZAGREB, 24 March, 2021 - The opposition Bridge party has announced that on Thursday it starts collecting MPs' signatures to initiate the procedure for the dismissal of Supreme Court President Đuro Sessa after he was mentioned as being one of the judges allegedly bribed by convicted football mogul Zdravko Mamić.

Bridge said that the "recent events seriously undermined the reputation of and trust in the Croatian judiciary, both the reputation of individual judges and of the judiciary as a whole," and that therefore it was essential to launch the proceedings to relieve Đuro Sessa of his duties as Supreme Court President.

The party recalled that Sessa had been appointed Supreme Court President on 14 July 2017 with 84 votes in favour and 33 against and that under the Courts Act he is responsible for the work of the Supreme Court which ensures the unified application of the law and that everyone is equal before the law.

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