ZAGREB, March 29 (Hina) - The Croatian Constitutional Court has
overturned a High Judicial Council decision on the appointment of
Supreme Court judges from February 16, 1995.
The Constitutional Court has told the Council to repeat a
debate and the voting on candidates and their appointments as
judges to the Supreme Court.
The Constitutional Court thinks that no adequate debate had
been held on expertise and other qualities of judges who were
candidates for the Supreme Court.
The Consitutional Court said no reasons were given on why some
candidtates were proposed to be appointed and others were not, and
the decision mean mere voting without any arguments.
Responding to questions on whether the Council was entitled to
lessen the number of available offices of judges, the
Constitutional Court held that by decreasing the number of
available offices, the Council had violated the constitutional law
from Articles 26 and 44 of the Constitution, and at the same time
had violated the principle of dividing the power,
unconstitutionally assuming authorities of the Justice Ministry.
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