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THREE CONSTITUTIONAL COURT JUDGES EXPLAIN THEIR OPPOSING VOTES

ZAGREB, April 23 (Hina) - Three Constitutional Court judges on Wednesday explained why they had voted against a ruling passed by the court annulling a decision by a former defence minister, Jozo Rados, to prohibit active military personnel from publicly voicing their opinions. In an explanation of the opposing votes, published in Wednesday's National Gazette, judges Jasna Omejec, Agata Racan and Smiljko Sokol say that "there was no legal foundation for the annulment of (Rados's) decision".
ZAGREB, April 23 (Hina) - Three Constitutional Court judges on Wednesday explained why they had voted against a ruling passed by the court annulling a decision by a former defence minister, Jozo Rados, to prohibit active military personnel from publicly voicing their opinions. In an explanation of the opposing votes, published in Wednesday's National Gazette, judges Jasna Omejec, Agata Racan and Smiljko Sokol say that "there was no legal foundation for the annulment of (Rados's) decision". #L# On April 9 the Constitutional Court made a ruling quashing Rados's decision with a majority vote, i.e. 10 for and three against. Most judges at the time backed the view of rapporteur judge Emilija Rajic that Rados's decision to disallow active military personnel from giving statements to the media without the defence minister's consent should be removed from the legal order. It was the general opinion that the decision was not founded on the law and that it violated the basic human right to freedom of public speech. The three judges who voted against the ruling believe that the court should first have determined whether Rados's decision was at all in effect, and if not, the court should have decided to suspend Rados's motion pending an assessment on its constitutionality. Criticising the legal procedure, Omejec, Racan and Sokol believe that the contentious decision was injected into a provision of the Law on Defence, according to which civil servants are prohibited from any political activity, the holding of political rallies and public addresses regarding relations and the situation in the ministry inside military facilities and those of the Defence Ministry, without the ministry's consent. The provision restricts certain constitutional rights, but the Constitution does allow their limitations only on the basis of the law. This provision is executed directly and subordinate legislation for its implementation is neither envisaged, nor possible. The three judges, thus, explain that the Constitutional Court ruling to annul the former defence ministry's decision has no effect, "because it requires no interventions in the positive Croatian legislation". (hina) lml sb

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