Constitutional Court: The President of the Republic of Croatia cannot be a candidate in the elections

“On Monday, the Constitutional Court concluded that the President of the Republic of Croatia, Zoran Milanović, may not participate in the political activities of any political party while performing his duties,” announced the President of the Constitutional Court, Miroslav Šeparović, on Monday.

“The Constitutional Court published the following warning regarding the statements of the President of the Republic of Croatia, Zoran Milanović, saying that he will run in the elections. At the session held on March 18, the Constitutional Court considered the statement of the President of the Republic,” said Miroslav Šeparović.

“The Constitutional Court also considered the president's statements on his Facebook page that he will remain president,” he continued.

“The Constitutional Court is obliged to warn all bodies and participants of the electoral process in a timely manner about the immediate responsibility for the decisions they make. Those decisions must be harmonized with the fundamental values of the state,” he said.

“Article 96 of the Constitution stipulates that the president cannot perform any other public or professional duty and that he leaves the party after the election. He is a non-partisan person and while performing that duty he must not participate in the political activities of any political party, which excludes any possibility of the president being a candidate on the list for the election of deputies or nominated as a candidate for Prime Minister,” he added.

“If, based on his statements, the President of the Republic, while holding that office, runs for election to the Croatian Parliament, or appears in public as a future candidate for Prime Minister, he must immediately submit his resignation to the President of the Constitutional Court, in which case the duty of the interim President of the Republic, per the power of the Constitution, is assumed by the Croatian Parliament Speaker,” the Constitutional Court concluded.

Zoran Milanović repeated on Sunday in Lipovljani that he will not resign from the position of president of the Republic of Croatia and that he will be the SDP's prime ministerial candidate in the elections, and pending the decision of the Constitutional Court regarding the candidacy, he referred to "a few sentences in the Constitution", and he sees it completely differently. Milanović repeated that he will remain a candidate for prime minister regardless of whether he remains on the SDP slate.

Šeparović: The president cannot do what he did from Friday to Sunday

We bring readers the rest of the announcement by the Constitutional Court:

"If, based on his statements, the President of the Republic, while holding that office, runs for election to the Croatian Parliament, or appears in public as a future candidate for Prime Minister, he must immediately submit his resignation to the President of the Constitutional Court, in which case the duty of the interim President of the Republic by virtue of the Constitution, is taken over by the Croatian Parliament Speaker (Article 97, paragraph 3 of the Constitution). Elections for the new President of the Republic must be held within 60 days from the date of assumption of office by the temporary President of the Republic (Article 97, paragraph 5 of the Constitution).

In the case of the resignation of the President of the Republic and assuming the duties of the interim President of the Republic, the interim President of the Republic cannot simultaneously, in addition to holding that office, be a candidate for election to the Croatian Parliament.

The Constitutional Court also recalls that the responsibility for the legal consequences of constitutionally unacceptable decisions rests with their makers. Any action or behavior of the President of the Republic of Croatia contrary to the aforementioned constitutional prohibitions and requirements is contrary to the Constitution.

Bearing in mind the resulting constitutional and legal situation, the Constitutional Court emphasizes that the entire electoral process of these parliamentary elections, from their announcement until the expiration of the deadline from Article 90 in connection with Article 88 of the Constitutional Law on the Constitutional Court of the Republic of Croatia, will be under the strict supervision of the Constitutional Court. If it determines that the participants in the elections are acting contrary to the Constitution or the law, the Constitutional Court will use its powers from Article 89 of the Constitutional Law on the Constitutional Court of the Republic of Croatia, from informing the public to annulling all or certain electoral actions and decisions, starting from the candidacy procedure and on.

The Constitutional Court calls on the President of the Republic and the political party Social Democratic Party of Croatia (SDP) to, in accordance with this warning, immediately stop activities that are contrary to the Constitution, and the State Election Commission of the Republic of Croatia, in accordance with its powers, to ensure that the electoral process is held in accordance with the Constitution, laws and with its mandatory instructions, respecting the views from this warning."

Šeparović: We have a political crisis, but also institutions that can eliminate it

The President of the Constitutional Court, Miroslav Šeparović, assessed that we have a political, not a constitutional, crisis, but we also have the institutions that can eliminate it.

“The State Election Commission is responsible for the conduct of elections and I hope that it will carry out its task as before. I will not answer hypothetical questions. What will happen in the future, will we have to resort to constitutional powers... There are enough instruments for campaigning and there is no need to resort to unconstitutional means and violate the Constitution,” Šeparović said.

Answering journalist's questions after the session of the Constitutional Court, Šeparović said that Zoran Milanović can be a mandate holder after the election, if he behaves in accordance with the Constitution and the law until then.

“I don't want to prejudge the possibilities. I hope and am convinced that there will be no other possibilities and that the president and the SDP will adhere to the Constitution and warnings,” said Šeparović.

He further clarified that Milanović is not allowed to participate actively in the campaign, promote the party, participate in rallies and give interviews as a candidate in the elections.

When asked if SDP president Peđa Grbin can now say that Milanović is SDP's candidate for prime minister, Šeparović replied to journalists that they prejudged that Grbin would say "I do not respect the decision of the Constitutional Court and I will not abide by it". "I don't believe that Grbin will say that because it is against the rule of law," he added.

'What Milanović has been doing since Friday is no longer allowed'

Šeparović pointed out that in the event that Milanović ignores the conclusions of the Constitutional Court, the court will use all options –up to the cancellation of all electoral actions, but he said that he is sure that this will not happen.

“This decision does not prevent the president from continuing, as a person who has constitutional powers, to act as the president of the Republic. But what he has been doing since Friday is no longer allowed,” he emphasized.

Journalists were interested in whether Milanović could be relieved of his duties as president of the Republic of Croatia.

“We did not conduct the dismissal procedure. That's impossible at the moment. We did not establish a violation of the Constitution that would lead to the termination of his office, but we determined that the president violated the Constitution from Friday to Sunday by participating in party statements and saying that he would be a candidate for prime minister,” he said.

Šeparović also said that he cannot say whether Milanović will be declared incompetent, stressing that such a declaration does not exist for him.

The President of the Constitutional Court specified that the two judges, who voted against the decision, argued their action with technical difficulties because it has not been fully clarified when the President of the Republic of Croatia can appear and participate in political processes.

Antičević Marinović: I have my own convictions, but my colleagues should always be heard

Before the session of the Constitutional Court, constitutional judge Ingrid Antičević Marinović asserted that she "has her own convictions", but also that she must listen to her colleagues.

“All decisions have their slightly easier and slightly harder things. As for me, I have my own convictions, but my colleagues should always be heard. We will see if there will be a unanimous decision,” she said.

To the same question, her colleague, constitutional judge Goran Selanec, replied that he thought the Constitutional Court had made more difficult decisions.

“We will see that at the session. I think there were more difficult decisions than these,” he added.

Zoran Milanović repeated on Sunday in Lipovljani that he will not resign from the position of president of the Republic of Croatia and that he will be the prime ministerial candidate of the SDP in the elections, and while waiting for the decision of the Constitutional Court regarding the candidacy, he referred to it as 'a few sentences in the Constitution', and he 'sees it completely differently'.

“These are a few sentences in the Constitution that some people interpret as if they are the management of the prison system. I see it differently. The man who wrote the Constitution in 1990, Kruno Olujić, sees it as I do. Some others see it differently,” Milanović said.

He will withdraw if the court decides that he cannot be on the slate

When asked whether he will withdraw from the SDP slate if the Constitutional Court decides that he cannot be on the slate as president, Milanović answered in the affirmative.

“Yes. And as a citizen, I will come with the majority of signatures to the person who will hold the position of Parliament Speaker at that moment. It will not be Jandroković, but the newly elected head of Parliament,” he said.

Milanović repeated that he will remain a candidate for prime minister regardless of whether he remains on the SDP slate.

Source: HRT