AN ANALYSIS OF CASES WHEN PRESIDENT CAN DISSOLVE PARLIAMENT

ZAGREB, Oct 21 (Hina) - With proposed constitutional changes one of more important issue's which have been raised is about circumstances under which Croatia's President can dissolve the national parliament. Contrary to the draft amendments to the Constitution, proposed by the Sabor's constitution and political system committee, the Constitution's provisions, which are still in effect, precisely cite preconditions which must be met prior to the President's decision to dissolve the Sabor. According to Article 104 of the Constitution promulgated ten years ago, the President of the Republic may dissolve the House of Representatives, if this house has passed a vote of no confidence in the Government, or if it has not approved the state budget within a month from the date when it was proposed. On the other hand, the proposal of the Sabor's committee fails to mention exact circumstances under which the national parliament may be dissolved. According to the draft document, President can do so at the proposal of the Government and with the counter-signature of Prime Minister, after having consulted representatives of parliamentary benches. The committee has also given the alternative to the aforementioned solution which envisages that the head of state can dissolve the Sabor in case when a parliamentary or government crisis cannot be settled in compliance with the Constitution. Of course, in this case it is also necessary for President to have the Government's proposal and the PM's counter-signature as well as to hold consultations with parliamentary benches' representatives. This alternative has prompted both politicians from the ruling six- party coalition and from the opposition to give their remarks and objections. Some remarks say that such a move will weaken the parliament's role and strengthen the Government's position. Being encountered with this objection, the incumbent Prime Minister Ivica Racan has said his Cabinet will not insist on the adoption of the said provision. Giving his remarks to the draft document, President Stjepan Mesic has advocated the existent constitutional solutions regarding this matter. The committee's proposal is very similar to provisions of the French Constitution which read that the President of the Republic can dissolve the parliament after his/her consultations with Premier and the parliament's chairman, but they do not stipulate conditions which should be fulfilled for such a move. The Constitution of Slovenia provides for the dissolution of the parliament, in line with President's decree, in two cases: when the parliament cannot elect Prime Minister and when a vote of no confidence in the Government is passed. The German Constitution has such solutions as well. Another important question as regards Croatia's debate on changes of its Constitution is the issue of the President's original authorities. This directly relates to the manner in which the head of state is elected: i.e. whether he/she is elected at direct ballot or by the parliament. In Germany, where the president is chosen by the Bundestag, the President needs the counter-signature either of the Chancellor or of the competent minister for most acts he/she makes. The German case is interesting for Croatians, as the supreme commander of the armed forces there just as in most countries is not the President but Defence Minister. (hina) ms