Only the external member, constitutional law professor Branko Smerdel, spoke of the draft, saying its article five was unconstitutional.
Under this article, constitutional laws on national minorities' rights, the Constitutional Court and the implementation of the Constitution are passed by a two-thirds majority in parliament in three stages, just as the Constitution. Added to the article is a provision stipulating that parliament can decide by a majority that other laws too can be passed in the same way, which means that the Constitutional Court could not rule if they comply with the Constitution.
Smerdel said such a provision was a violation of the Constitution and the separation of powers. "Where there is no separation of powers, there is no Constitution."
Dragutin Lesar of the Labour Party said the contentious elements of the article were still under discussion. According to unofficial information, the provision will most likely be removed.
Although it was agreed in parliament that the Constitutional Court would decide if referendum questions complied with the Constitution when 5,000 signatures for a referendum were collected, Smerdel said such a solution should have already been in procedure. "I think the instance that should decide on that is defined in the constitutional law on the Constitutional Court."
He recalled that during a recent marriage referendum "it was discovered that the people must be restricted in its decision-making" and said that this "was replaced with the theory that no one can restrict parliament."
The starting point of constitutional theory is that everyone must be restricted in their decision-making, that everyone must be under control and that the Constitution is the tool for that, said Smerdel.
He was also dissatisfied with the too short period determined for public discussion on the draft constitutional amendments and was appalled that President Ivo Josipovic's proposals had been ignored.
Parliament will likely discuss the amendments on Wednesday and is expected to vote on them on Friday.
In order to be passed, draft amendments require the approval by two thirds of all MPs, which mean that at least 101 deputies should vote for them.