MPs Anka Mrak-Taritas (GLAS party) and Dalija Oreskovic (DOSIP party) have announced that they will challenge the constitutionality of a decision to extend the term of office of constitutional judges.

They argued that the Constitutional Court had placed itself above the constitution, created a dangerous precedent and usurped the powers of parliament as a constitutional body.

Dalija Oreskovic said on Tuesday that she would initiate a constitutional review of the decision, which is part of a report adopted in a secret session of the Constitutional Court. She criticised the fact that the report was not officially submitted to parliament in time.

Oreskovic: This is a form of resistance

Oreskovic, who is aware of the procedural hurdles that could lead to the court declaring itself unqualified to rule on the issue, pointed out that the challenge is being prepared in co-operation with constitutional law experts, lawyers and other interest groups.

“This is a form of resistance to all the flaws in the process of selecting constitutional judges and the inadequacies in the legal provisions that led to two judges being effectively re-elected to the Constitutional Court by deception. Moreover, due to their attack on the constitutional order, there is no mechanism for their immediate removal,” Oreskovic said.

She warned of a “cunning plan” by the judges to extend their terms and hinted that the consequences could go beyond a simple half-day extension. “A dangerous precedent has been set that must not go unchallenged and unchallenged.”

In her speech on Human Rights Day, Oreskovic emphasised that the constitutional guarantees in Croatia had been undermined. “Judges who violate the constitution cannot remain its guardians. Their unconstitutional actions must not remain in force because they could serve as a precedent for the Constitutional Court in future cases,” she warned.

Mrak-Taritas: The HDZ has brought us dangerously close to a constitutional crisis

Anka Mrak-Taritas added that there is no justification in the constitution for the court’s decision.

“The constitution is clear – the terms of office last eight years and can be extended by six months after expiry, which we know has already happened. What the judges have done is an extremely dangerous precedent,” she said.

In her view, the judges’ decision was not an act of interpretation, but an attempt to change the constitution and thus unconstitutionally place themselves in the role of constitutional legislator. She emphasised that the meeting was not even announced publicly, which is a further violation of the constitutional provisions.

“The fact that the parliament did not fulfil its duty in time is a disgrace, and of course it is the disgrace of the HDZ. They delayed this appointment until the last possible moment in order to push through their own interests. This is another example of their manipulation, abuse and subjugation of institutions for short-term political purposes. Yes, the HDZ has brought us dangerously close to a constitutional crisis. But that does not give the judges of the Constitutional Court the right to usurp the role of parliament,” said Mrak-Taritas.

She concluded that the judges responsible for the decision have lost their capacity for sound judgement and stressed that those who voted in favour of such a decision should be removed from office immediately.