STATE JUDICIAL COUNCIL DISSATISFIED WITH DRAFT CONSTITUTIONAL CHANGES

ZAGREB, Nov 7 (Hina) - The State Judicial Council (DSV) is dissatisfied with draft constitutional changes because it believes they cancel the principle of tripartition of powers and jeopardise the independence of the judicial authority. The draft on constitutional changes prepares a procedure for the political removal of current judicial officials, especially court presidents appointed by the DSV, reads a DSV statement signed by president Ante Potrebica. All senior officials in the judiciary should be appointed by professionals and not by a political body. The DSV believes it can guarantee the principle of tripartition, because it appoints judicial officials and relieves them of their duties without the influence of executive and legislative authorities. The DSV opposes the method of appointment and formal conditions for the appointment of the Supreme Court president and the State Prosecutor as well as DSV's organisation and powers as suggested by the draft. According to the draft, the DSV would no longer appoint court presidents and officials with the State Prosecutor's Office; the draft also introduces the re-appointment of a special category of judges, which the DSV believes are solutions aimed at securing the current executive authority's predominance over the judiciary. According to the DSV, the regulation under which the DSV would have to obtain the opinion of the authorised lower house committee when appointing judicial officials is another attempt to exert political influence on the judiciary. The constitutional changes as suggested by the draft would be "a big step backward," which would re-establish the predominance of the political authority over the judiciary which existed in communism, reads the statement. (hina) rml