The Parliament today decided that Constitutional Court judge Desanka Lopičić, whose term expired yesterday, will remain in office until her successor is elected, for a maximum of one year.
The decision was made unanimously, by a two-thirds majority, with the support of 54 MPs.
Parliament Speaker Andrija Mandić said he believes that "two judges of the Constitutional Court will be elected", if not in the first vote, "then certainly in the vote that will follow no earlier than a month after the first".
"I call on you, colleagues, to make the decision that is necessary for the Constitutional Court to function in a proper and lawful manner," he said at the session.
President Jakov Milatović previously nominated Predrag Krstonijević as a judge of the Constitutional Court.
Radinka Ćinćur, a member of the Special Club of Deputies, took the floor and reminded them that they had a meeting today where they agreed on the election of judges for that court.
"We said that somewhere the priority is to elect judges as soon as possible and that it will most likely be done on Tuesday. Today is Sunday, in two days we are proposing to extend the mandate of a Constitutional Court judge. What does that mean, that you do not intend to elect a Constitutional Court judge proposed by the president? And one more thing, judge Desanka Lopičić has already turned 66, she should be retired by law. What is happening now, does that mean that the politics of spite and revenge are more important than arguments, are we going back to the 19th century or are we going to Europe," she asked.
"As far as I know, and I know on behalf of a political group that I represent, Mr. Krstonijević will be elected on Tuesday. I think there is a majority for that," said Mandić.
The head of the Europe Now Movement parliamentary group, Vasilije Čarapić, said that today's decision is prescribed by the Law on the Constitutional Court.
"We have very little room for maneuver to move forward. It does not prejudge our decision regarding the candidate proposed by the President of the State. However, I agree with Ms. Ćinćur that Judge Lopičić meets the requirements for an old-age pension and that the Constitutional Court should, in accordance with the Constitution and the law, have notified the Parliament that this candidate met the requirements for an old-age pension, so that the mandate would cease, not because the mandate expired, but because she met the requirements for an old-age pension," said Čarapić.
He claims that "the judges of the Constitutional Court themselves are blatantly violating the Constitution and laws, when it comes to the termination of their mandate before the end of their term, that is, on the basis of meeting the conditions for an old-age pension."
"I hope that with reform we will overcome this," he said.
Mandić said that they can work based on the information they received from the Constitutional Court, "and there it is about the termination of the mandate."
"They are not informing us about her birthday, and today this story appeared at the collegium. The Constitutional Court website says that the lady was born on January 23, 1961. I don't know, that's what it says on the Constitutional Court website. Without being guided by investigative actions, we can open the question of why the court informed us about this. I ask you to express your opinion on this decision that we discussed today at the collegium," he said.
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