Croatian Government: Zlata Đurđević Not in Favour of Model For Election of Judges As Exists in Most of EU

Quoting parts of Đurđević’s programme, the government says that Đurđević is not in favour of the model that exists in most EU countries, where judges are appointed by the executive authorities, but rather juxtaposes the election of judges by an independent body with the model in which judges are elected in the parliament.

The government stresses that unlike the model currently in force in Croatia, which was part of obligations assumed with the country’s EU membership, that model is the least represented and exists in only two member-states – Slovenia and Latvia.

To elect judges in the parliament would be “a major step backward, notably with regard to judicial autonomy and the perception of judicial autonomy,” says the government.

It recalls that until the amendment of the Constitution in 2010, the Sabor elected only members of the State Judicial Council, while the concept under which all judges would be elected by the parliament never existed in Croatia’s legal order.

“To have all judges elected by political parties, regardless of which party is in power, would pose a major risk in terms of the politicisation of the system and would not guarantee the election of the best and most qualified candidates,” the government says after analysing parts of Đurđević’s programme entitled “Judiciary as a branch of government without democratic legitimacy.”

The government adds that the system of that kind would constitute a departure from the existing standards “which have shortcomings and leave room for improvement but which are still a far better solution than the appointment of judges by politicians.”

Also, the introduction of such a system would be harmful for Croatia’s reputation, bearing in mind the content and importance of the mechanism of rule of law oversight in the EU as well as the National Recovery and Resilience Programme, the government says.

It also notes that Đurđević did not always consider the current modal as bad or questioned the autonomy of the Croatian judiciary.

Quoting her opinion published in a law journal in 2018, the government recalls that Đurđević, while criticising court autonomy in Hungary and Poland, said that “one should not doubt the existence of an appropriate normative and institutional framework for the autonomy of Croatian courts.”

That normative and institutional framework has not changed since 2018, says the government.

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