NGO: Milanovic not acting responsibly, Const. Court not protecting constitution

NEWS 20.04.202418:33 0 komentara
Matija Habljak/Pixsell

The GONG NGO said on Saturday that President Zoran Milanovic was not behaving as a responsible statesman but that the Constitutional Court was not acting as the guardian of the constitution either, putting itself above the constitution with its poorly reasoned warning to Milanovic. Pročitaj više

“If the President resigns, nothing must prevent the elected members of the Sabor to choose Milanovic as Prime Minister,” GONG stated.

The majority at the Constitutional Court believe that by participating in the election campaign Milanovic continually violated the constitution, however, the Constitutional Court never adopted a decision that would state so, GONG said.

“Quite the contrary, most of the Constitutional Court judges say that the results of the election are in no way disputable. It is therefore not clear how the lack of a significant violation can have as a consequence such a draconian penalty, not envisaged by any of the constitutional provisions,” the NGO said.

With their conclusion, the majority of Constitutional Court judges threaten to deny Milanovic his political rights and the elected deputies the right to decide on the Prime Minister-designate, GONG said.

On the other hand, in line with his duty to ensure the stability of government, Milanovic should have resigned as President when he decided to participate in the parliamentary elections, which he failed to do and even announced his ministerial candidates, it noted..

An important constitutional role of the president is to entrust the mandate to form the government to a person who enjoys the confidence of a majority of elected deputies. How can that process be impartial if as President, Milanovic is helping one side form a majority? GONG asked.

The NGO said that as in the case of a ban on public assembly outside the government and parliament offices, the Constitutional Court in this case again failed to provide a well-argumented reasoning for its decision, which by its form is a warning against which there is no legal remedy, hence no possibility for Milanovic to possibly address the European Court of Human Rights.

“The Court issues bans based on unspecified constitutional norms while at the same time saying that throughout the pre-election period the President did not significantly impact the election outcome with his conduct,” the NGO said.

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