ZAGREB, December 19, 2019 – Constitutional Court President Miroslav Šeparović said on Wednesday that a decision on whether the establishment of the High Criminal Court, which should start operating on 1 January 2020, was in line with the Constitution, would be delivered within a reasonable period of time, in a few months.
Commenting on the decision to launch the procedure to determine if legal provisions envisaging the establishment of the High Criminal Court are in line with the Constitution, Šeparović told Hina the decision was made in order to prevent serious or irreparable consequences.
The Constitutional Court will therefore investigate whether the establishment of the High Criminal Court, as the highest court in the country, violates the constitutional status of the Supreme Court.
“The delay should not last longer than a few months,” Šeparović said.
After on Tuesday it decided to temporarily postpone the implementation of legal regulations concerning the establishment and inauguration of the High Criminal Court, the Constitutional Court notified the State Judicial Council and the Supreme Court of its decision.
The decision will most probably be published on Friday, Šeparović said, explaining that the decision was not adopted unanimously and that the three dissenting opinions had to be written first.
Until the final decision by the Constitutional Court on the complaint of unconstitutionality, submitted by Social Democrat MPs Peđa Grbin and Orsat Miljenić, the 11 judges of the High Criminal Court will not be sworn in.
Šeparović underlined that that solution did not prejudge the final decision of the Constitutional Court.
Ivan Turudić, a newly-elected judge of the new court, who was previously entrusted by the justice minister with founding the High Criminal Court, told Hina that the Constitutional Court’s decision was such due to its conclusion that the two pre-holiday weeks is too little time to make a competent decision.
Justice Minister Dražen Bošnjaković said before a government session on Wednesday that the Constitutional Court’s decision to launch the procedure to determine if the legal regulations on the establishment of the High Criminal Court are in line with the Constitution is a procedural decision and noted that the establishment of the new court was good for standardising court practice.
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