Judges: Separate the election of judges to the Constitutional and Supreme courts

The Croatian Judges Association has warned that it is unacceptable to politically link the election of the president of the Supreme Court of the Republic of Croatia to the election of judges of the Constitutional Court, emphasizing that these are two separate procedures and bodies. The "linking of elections" has also been condemned by opposition parties.

The Croatian Judges Association (UHS) has opposed the idea of politically linking the election of the president of the Supreme Court of the Republic of Croatia to the election of judges of the Constitutional Court, issuing a statement in which the association noted that these are two completely separate state bodies: “The Constitutional Court of the Republic of Croatia is not part of the judicial branch. There is no constitutional or legal basis for linking the appointment of the president of the Supreme Court of the Republic of Croatia to the election of judges of the Constitutional Court. The election of the president of the Supreme Court, for the sake of the credibility of all three branches of government, must not be the subject of inappropriate political negotiation.”

The association further warned that it is precisely such and similar statements and such possible actions that create and encourage the impression of inappropriate political influence on the judiciary: “Unfortunately, this case also shows that when it comes to the judiciary, politicians, without exception, show that they do not want to place the judiciary in a position in which, according to the Constitution of the Republic of Croatia, the judiciary should be one of the three equal branches of state power.”

The association then proceeded to call on all politicians to adhere to the Constitution and the law when electing the President of the Supreme Court and to refrain from inappropriate political bargaining, thereby showing respect not only for the position of the President of the Supreme Court but also for the judiciary in general.

Prime Minister Andrej Plenković stated yesterday that the ruling majority will elect the President of the Supreme Court only if it is able to elect two of the three remaining constitutional judges: “These appointments will be tied. We will only proceed with the process of electing the President of the Supreme Court in the variant of electing three Constitutional judges, with two proposed by the parliamentary majority and one by the opposition. This is the system that has existed so far.”

SDP President Siniša Hajdaš Dončić responded by saying that this directly degrades the integrity of candidates for the highest judicial positions, which the Prime Minister is turning into a subject of political trade: “The reaction of the Association of Croatian Judges, which said that there is no basis for linking the appointment of the President of the Supreme Court with the election of Constitutional Court judges, is proof that HDZ is mocking Croatian citizens. The HDZ's response to the question of electing the President of the Supreme Court and Constitutional Court judges is not a response to the SDP president, but to the citizens of the Republic of Croatia, whom these institutions are supposed to protect.”

Hajdaš Dončić added that as the party in power the HDZ bears full political responsibility for the state of the country: “However, this responsibility has long been replaced by arrogance, systematic corruption and rampant clientelism. Plenković has so far traded around thirty of his ministers, there has been political trading with the state attorney, state inspector, state-owned enterprises and political partners in the Parliament.”

Justice, Administration and Digital Transformation Minister Damir Habijan today rejected claims that HDZ plans to fill vacant positions on the Supreme and Constitutional Courts through political trading, accusing the SDP president of elementary ignorance and hypocrisy: “I completely reject that this is any kind of trading. The statements of the SDP president show a kind of hypocrisy and elementary ignorance. When talking about setting conditions and linking elections, let's remember 2017 and the opposition demand to appoint members of the Agrokor investigation commission, with then-SDP leader Davor Bernardić issuing the ultimatum that if we don't elect the members of the Agrokor investigation commission, the election for three judges on the Constitutional Court won't happen. So, so much for who is setting conditions.”

Meanwhile, Most Party President Nikola Grmoja characterized Prime Minister Plenković’s assertion that the election of the president of the Supreme Court will be linked to the election of constitutional judges as scandalous, calling it a public recognition of political bargaining between the HDZ and SDP. Grmoja believes that this violates professional and moral criteria and sends a dangerous message to citizens that the highest judicial positions are obtained through political agreements. He said that the Prime Minister has violated the Constitution and added that the entire procedure has been irreversibly compromised.

Source: HRT