Election of constitutional judges stalled

The suspension by the Social Democratic Party (SDP) and the Možemo party, of negotiations on the election of constitutional judges on Wednesday was assessed by the Croatian Democratic Union (HDZ) as "educational measures" and said that they are waiting for the SDP president to "get over his anger" and withdraw them because they are ready for further talks, but the two parties respond that the negotiations are not continuing.

“We are waiting for the SDP president to withdraw the educational measures and to get over his anger, we estimate that it will take him a few days. We are ready for talks and expect the talks to continue next week because our goal is to have a full-fledged Constitutional Court,” said HDZ's Ivan Malenica in Parliament after the SDP and Možemo announced the suspension of negotiations on the election of the remaining three constitutional judges due to the situation surrounding the handball players' welcome, which they assess as a violation of the Constitution by the HDZ.

When asked by journalists what would happen if the representatives of these two opposition parties did not change their minds, given that without them there would not be enough votes in Parliament to elect constitutional judges and two-thirds support, Malenica said that he would "sit down at the table again and continue the talks if they behave in accordance with what they have been saying so far, that they want to elect judges of the Constitutional Court".

Deputy Prime Minister Branko Bačić had previously said that if the SDP and Možemo remained in their stance, "the responsibility would lie with those representatives who did not agree to the agreement and the selection of constitutional judges", that is, with the other opposition representatives. However, when asked whether they intend to include the rest of the opposition in the negotiations, Malenica replied "not for now".

“We have certain information that the SDP will return after a certain period of time, it all depends on the mood of Siniša Hajdaš Dončić,” he said.

When asked how he views the stalled agreements on constitutional judges and the fact that the Supreme Court has been without a head for a long time, Justice Minister Damir Habijan said that the courts are functioning, but that he wants to believe that the opposition cares about the functioning of the institutions and that in that sense the negotiations will continue and ultimately decide on the three judges of the Constitutional Court.

He reiterated that the governing majority remains committed to the same criteria for their selection, the principle of proportionality and that the Constitutional Court should be a reflection of the balance of power within parliament. He also added that the HDZ is ready to continue negotiations and that it is in their interest that all institutions be filled.

When asked how he comments on the statements of the president of the SDP, Siniša Hajdaš Dončić, that the negotiations are a bit on ice as an educational measure because the HDZ is violating the Constitution, Habijan said that he does not read Dončić's statements.

SDP: Negotiations are not continuing, Možemo: We will definitely not change our minds

The SDP and Možemo say they remain committed to the position that negotiations will not continue. "At this point, they will certainly not continue because we believe that there is no point in negotiating with someone who, with every action they take, is destroying the Constitution of the Republic of Croatia on a daily basis. They are destroying it in the election of the President of the Supreme Court, where they are inventing some of their own rules, in imaginary quotas for the Constitutional Court, in foreign and security policy, where they have derogated the role of the President of the Republic, and, ultimately, with the constitutional rights of local self-government," said SDP's Mišel Jakšić.

As for the possibility of the HDZ turning to the rest of the opposition, Jakšić replied: "Good luck to them."

Možemo MP Urša Raukar also said that they "certainly will not change their minds."

“They are linking the election of constitutional judges with the President of the Supreme Court, and I would like to remind you that all this is happening after Malenica said a year and a half ago that the HDZ wants a majority in the Constitutional Court. We do not agree to that, we do not agree to packages, to trade and to the destruction of institutions by the HDZ,” she said.

When asked if they then agree to the Constitutional Court operating with a truncated composition of 10 judges until the end of the term of this Government, Raukar said that they are demanding that the head of the Supreme Court be elected as soon as possible, but separate from the election of constitutional judges.

MOST and independent Selak Raspudić: This is shameful

MOST PARTY President Nikola Grmoja said that they would only be included in the process of electing constitutional judges if the HDZ agreed to their conditions that judges be elected for a longer term without the possibility of re-election and that they have no connection to political parties, but he is aware, he said, that without the hands of the left opposition, Parliament cannot even appoint them.

“We have to be realistic, there is no two-thirds majority for the appointment of constitutional judges without the left opposition, so I do not know what our inclusion in these negotiations would mean,” he said.

He stressed that the judiciary is suffering because of this situation, given that the head of the Supreme Court has not yet been elected, and the candidates have been heard, which he described as "shameful".

Independent Marija Selak Raspudić believes that this is a great example of how the mechanisms of the rule of law are being abused.

“We see that constitutional judges are not elected at all, nor are their elections used to ensure a more orderly rule of law, but are used exclusively as a means of blackmail between two political forces, the HDZ and the SDP united with Možemo. And that is a great shame. Instead of constitutional judges serving us to somehow control Croatian Parliament itself, they are here exclusively as currency for mutual blackmail. And with this, Siniša Hajdaš Dončić has exposed himself,” she said.

The President of the Homeland Movement Club and a member of the governing coalition, Ivica Kukavica, pointed out that it is not good that the Constitutional Court is not complete and that the Supreme Court still does not have a president.

“The President of the Republic, and thus the SDP, have a responsibility, as does the Prime Minister, and it is very important that they reach a consensus and come to an agreement. So why did we fight? To have clear, secure institutions that will do their part of the job, he said.

Source: HRT