Constitutional Court rules President Milanović cannot be prime minister

The Constitutional Court on Friday, ruled that President Zoran Milanović cannot be Prime Minister-designate or Prime Minister for any party or coalition because he took part in the election campaign without first resigning as President.

Constitutional Court President Miroslav Šeparović said that Milanović had repeatedly violated the Constitutional Court's warning made on 18 March that he could not participate in the election campaign as the SDP's choice for prime minister without first resigning as president.

With his statements and behaviour, Milanović put himself in the position of a participant in the parliamentary election, which he cannot be according to the Constitution as long as he is the President, the court said; adding that the constitutional position of the President is incompatible with the position of a participant in the parliamentary elections.

"The president was warned in a timely manner that he could participate in the campaign but he first had to resign as president. However, he did not resign. Now it's over. He can no longer be the Prime Minister-designate. If he is to be selected as the prime minister-designate, the Constitutional Court will make a special ruling to quash that decision," said Šeparović.

Šeparović further noted that even if a coalition is formed and given the mandate to form a government with Milanović as the prime minister and that government is approved by parliament, the Constitutional Court would also quash that decision.

The Constitutional Court pointed out that electoral processes are always the most important test of commitment to genuine political democracy as enshrined in the Constitution. Throughout the entire election campaign, Milanović had acted unconstitutionally and thus called into question the rule of law and the democratic multi-party system as the highest values of the constitution, it added.

At the same time, many feel the ruling should have been made much earlier since the SDP garnered from citizens votes under the assumption that Milanović - who still enjoys widespread popularity from both the left and the right - would be their candidate for prime minister.

Šeparović denounced accusations that the actions of the court could lead to political chaos and social upheaval.

"There will be no chaos. There is no need for any chaos. The role of the Constitutional Court is to make sure unconstitutional situations are put back into the constitutional framework. The court was absolutely aware of the responsibility the court took in making such a ruling. We knew that both public and political circles would not welcome this ruling with open arms. And we knew that we would be the target of the worst possible insults and curses," he said.

Šeparović explained that not passing such a decision would have gone against the judges' oaths to protect the constitution at all costs.

The decision was adopted by nine votes to three. One judge abstained.