Human Rights Action (HRA) filed an initiative to the Constitutional Court to review the constitutionality of provisions of the Judicial Council Act on election and dismissal of the President of the Supreme Court. HRA suggested to the Constitutional Court to temporarily suspend the process of electing the President of the Supreme Court, which is in progress, until this initiative is reviewed. As well as in the case of adding the third round to the election of the Supreme State Prosecutor, the issue is that a law – an act of lower legal force – regulated differently a matter prescribed by the Constitution.

The Constitution prescribes that the General Session of the Supreme Court, composed of all the judges of that court, proposes to the Judicial Council a candidate for the President of the Court. However, the Judicial Council Act (Article 28a), prescribes that the Judicial Council shall announce a public call, assess the applications a list of candidates who meet the requirements to the General Session of the Supreme Court, which then selects one candidate and proposes him to the Judicial Council.

Therefore, based on legal intervention, the General Session does not come on its own to the names of candidates but is limited to those candidates who have applied for an open competition, to those forwarded by the Judicial Council after having considered whether they are eligible for the office. In addition, has the framer of the Constitution wanted the public call for the election of the President of the Supreme Court to be carried out, he would have highlighted it in the same manner as in the case of the selection of the Supreme State Prosecutor, in the amendment X.

The Judicial Council Act (Article 61, paragraph 2) prescribes that a motion for dismissal of the President of the Supreme Court may be filed by a General Session of the Supreme Court and by a member of the Judicial Council, although the amendment VII of the Constitution stipulates that the only authorized proponent for the dismissal of the President of the Supreme Court is the General Session of the Supreme Court. It is obvious that the Judicial Council Act expanded the circle of the proponents contrary to the Constitution.

Since the process of electing a new President of the Supreme Court has been in progress, HRA proposed to the Constitutional Court to issue an order to suspend the execution of individual actions undertaken on the basis of the disputed provisions, i.e. to order the suspension of the election of the President of the Supreme Court until reaching a final decision.

Human Rights Action Team

HRA Initiative to the Constitutional Court

Rjesenje-U-II-br-11-14