ZAGREB, Sept 24 (Hina) - A bill on the Constitutional law on the Constitutional Court of the Republic of Croatia as proposed by one-fifth of the MP's of the Croatian Sabor's House of Representatives on Friday virtually gained full
support from the House. In a brief discussion during the continuation of the 42nd session of the House of Representatives, only minor objections were relayed regarding the actual text of the bill which can still be amended. Srecko Bijelic of the Croatian Peoples' Party/Istrian Democratic Forum party bench proposed that consideration should be given so that Constitutional Court judges are elected by secret ballot and that they take their oaths at a plenary session of both houses of the Sabor. According to Dorica Nikolic of the Croatian Social Liberal Party, there is a flaw in the bill because it does not deal with the case of permanent inability of the President of the Republic t
ZAGREB, Sept 24 (Hina) - A bill on the Constitutional law on the
Constitutional Court of the Republic of Croatia as proposed by one-
fifth of the MP's of the Croatian Sabor's House of Representatives
on Friday virtually gained full support from the House.
In a brief discussion during the continuation of the 42nd session of
the House of Representatives, only minor objections were relayed
regarding the actual text of the bill which can still be amended.
Srecko Bijelic of the Croatian Peoples' Party/Istrian Democratic
Forum party bench proposed that consideration should be given so
that Constitutional Court judges are elected by secret ballot and
that they take their oaths at a plenary session of both houses of the
Sabor.
According to Dorica Nikolic of the Croatian Social Liberal Party,
there is a flaw in the bill because it does not deal with the case of
permanent inability of the President of the Republic to attend to
his duties.
The President's health situation indicates that it may be necessary
to take such circumstances into consideration, Nikolic said.
Mato Arlovic of the Social Democratic Party added that it was not
sufficient to just review the bill at hand but rather to refer to the
Constitution where regulations are clearly set defining who
initiates such procedures.
Regarding conditions for the election of judges to the
Constitutional Court, Zlatko Kramaric (Liberal Party bench),
believes that it is necessary to include a provision by which this
position can be filled by someone who has demonstrated his
capabilities in the legal sphere and contributed to the rule of
law.
Noting that mandates for eight constitutional judges expire in
December, Kramaric considers that a discussion on this issue should
be initiated as soon as possible - during the current session of the
Lower House, in order to ensure that the judges appointed will be
fit to respond to all challenges and would be qualified and
independent.
As this would require harmonising, the two-third majority
principle should be applied to the appointment of constitutional
judges. A second variant could be to leave the choice to more than
half majority, Luka Trconic of the Croatian Peasants' Party bench
believes.
Smiljko Sokol of the ruling Croatian Democratic Union considers
that provisions which significantly strengthen the jurisdiction of
the Constitutional Court are vital.
Equally important is the provision by which the Court has the right
in cases of "a silent administration", to investigate the
constitutionality of a case where all legal means have not been
exhausted in the set period.
This, Sokol believes, will influence and speed up the work of state
bodies and the courts and therefore contribute to the protection of
human and citizens' rights.
(hina) sp