Former judge of the Constitutional Court, Milorad Gogić, was hired as an associate in the cabinet of the President of the Assembly and leader of the New Serbian Democracy (NSD), Andrija Mandić.
This is what Mandić's cabinet told "Vijesti".
They explained that Gogić was not appointed as an advisor, so there was no need for the appointment process.
The adviser to the president is elected by the Assembly on the proposal of the Administrative Board.
"The President of the Assembly Andrija Mandić perceives the former President of the Constitutional Court Milorad Gogić as his closest advisor, even though he is formally an expert associate of the President of the Assembly in matters of legal expertise and providing high professional legal support in connection with the legislative process, constitutional issues and legal acts, as well as giving opinions on the compliance of international treaties and other international acts with the Constitution and legislation. Therefore, there was no need for the appointment process,'' Mandić's office said.
According to "Vijesti" information, Gogić, a retired judge of the Constitutional Court, was hired under a work contract.
At the end of May, Gogić became eligible for retirement, on the basis of which his function as a judge of the Constitutional Court ended. This year, the parliamentary majority, through amendments to the Law on the Constitutional Court and the Law on Pension and Disability Insurance (PIO), tried to raise the limit for the retirement of judges of the Constitutional Court.
The parliamentary majority tried to "save" Gogić also by the fact that the speaker of the parliament did not declare his termination of office for three months.
Gogić turned 66 at the end of May and became eligible for retirement in accordance with the Labor Law, which was recently amended so that the limit for retirement was raised to 67.
The Constitution stipulates that a judge's office ends when he meets the conditions for retirement. The majority position in the Constitutional Court is that in that case they apply the Labor Law, and not the Law on Pension Disability Insurance (PIO), according to which "the insured acquires the right to an old-age pension when he reaches the age of 65 and has at least 15 years of insurance experience and 40 years of experience insurance and 61 years of life" (Article 17 paragraph 1 and 2). The Law on PIO applies to judges of regular courts.
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