The Assembly would consider a candidate for a judge of the Constitutional Court Predrag Krstonijević was supposed to declare on Tuesday, but the majority for his election is not yet certain, even though the speaker of parliament Andrija Mandic yesterday hinted that support could be provided, "Vijesti" learned.
Krstonijević is a candidate for president of the country. Jakov Milatović who should succeed in office Desanka Lopičić, whose term expired on Saturday. However, the Assembly yesterday decided to extend Judge Lopičić's term until the election of her successor, for a maximum of one year. This possibility is provided for in the Law on the Constitutional Court. The decision was made unanimously, with a two-thirds majority (54 MPs).
Mandić said at the session that 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 one".
A qualified majority, i.e. a two-thirds majority of all deputies (at least 54 votes) is required to elect a judge of the Constitutional Court in the first round. If this majority is not achieved, in the second round of voting, after 30 days, the judge can be elected by a three-fifths majority (at least 49).
Member of the Special Group of Representatives Radinka Ćinćur She asked Mandić whether the fact that Lopičić's mandate was extended means that the candidate proposed by the president of the state will not be elected as a judge of the Constitutional Court.
Mandić responded that his party - New Serbian Democracy - would support Krstonijević.
"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.
MUGOŠA ACCEPTABLE TO BOTH THE AUTHORITY AND THE OPPOSITION
Representatives of all parliamentary groups held consultations yesterday on the election of judges to the Constitutional Court, which is operating with an incomplete composition. The Constitutional Court, out of the planned seven, has five judges.
A source for "Vijesti" from the majority said that, when it comes to the eight candidates of the Constitutional Committee, everyone agreed (both government and opposition MPs) that the best Nikola Mugoša, current president of the State Election Commission (SEC).
The TV Vijesti interlocutor said that there is a high chance that a new judge will be elected this year and that Lopičić's term is being extended, "just in case", if the Parliament does not elect one of the eight candidates who applied to the Constitutional Committee's advertisement by the end of the year.
DON'T MISS IT
Apart from Mugoša, the following responded to the advertisement: Nataša Bosković, Muhamed Đokaj, Milva Prelevic, Jovan Kojičić, Nikola Golubović, Katarina Peković i Pavle Ćupić. Miodrag Pešić, who is the President of the Administrative Court, withdrew his candidacy.
Nataša Bošković is a special prosecutor, Muhamed Đokaj is a lawyer employed at the Agency for Personal Data Protection and Free Access to Information, Milva Prelević is a customs inspector, and Jovan Kojičić is a law professor. Nikola Golubović is a lawyer and member of the Commission for the Protection of Rights in Public Procurement Procedures, Katarina Peković is a former representative before the European Court of Human Rights, and Danilo Ćupić is a professor and former Director General of the Directorate for Supervision at the Ministry of Internal Affairs.
President of the Constitutional Committee Jelena Božović She said on Friday that she expects that body to propose a candidate for the election of a Constitutional Court judge to the Parliament on Tuesday.
On November 25th, in the second round of voting, after the unsuccessful first round a month and a half before, the Assembly elected Jovan Jovanovic for a judge of the Constitutional Court, while the remaining two candidates, Mirjana Radovic i Mirjana Vučinić, did not receive the support needed to reach the same position. Vučinić was the candidate of Milatović, and Jovanović and Radović of the Constitutional Committee.
Termination of mandate or retirement
Radinka Ćinćur said yesterday in the Parliament that Desanka Lopičić had already turned 66 and that "by law she should be retired," and the head of the Europe Now parliamentary group, Vasilije Čarapić, agreed with her.
"Judge Lopičić meets the requirements for an old-age pension and 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 are 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 requirements for an old-age pension."
"I hope that we will overcome this with reform," 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 don't inform us about her birthday, and today this story appeared at the collegium. The Constitutional Court website says that the lady was born in 1961...", he said.
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