The Constitutional Court will consider tomorrow whether the judge of that institution Desanka Lopičić may continue to hold office after he meets the requirements for old-age pension on January 23rd.
This was told to "Vijesti" by the Constitutional Court, after the head of state Jakov Milatovic yesterday requested that the institution issue a statement on the constitutionality and legality of Judge Lopičić's continued performance of her duties after she meets the requirements for retirement on January 23rd.
"The Constitutional Court has convened a session at which it will, among other things, consider the issues contained in the act of the President of the State, Mr. Jakov Milatović," the Constitutional Court said, responding to the editorial team's question about their view of the head of state's request.
Lopičić's twelve-year term in office at the Constitutional Court expired on 27 December last year. The Assembly decided a day later, on 28 December, to extend her term until the election of her successor, for a maximum of one year, in accordance with the Law on the Constitutional Court (Article 15). The decision was made unanimously, with a two-thirds majority (54 MPs), although the President of the Republic proposed in early December Predrag Krstonijević to succeed Lopičić as judge of the Constitutional Court. Krstonijević did not receive the required two-thirds majority in the first round of voting.
The Human Rights Action (HRA) previously warned that the extension of Lopičić's mandate is unconstitutional and that her position had to end last year because she had completed 40 years of service, in accordance with the Pension and Disability Insurance Law (PIO), and in January she will turn 65, which also fulfills the second condition for retirement, according to the Labor Law.
Milatović stated in his letter to the Constitutional Court that based on an insight into the court's act of December 11, 2024, which was sent to the Constitutional Committee of the Parliament, it can be concluded that Lopičić will turn 65 on January 23, 2026 and that he has over 40 years of insurance experience, thus fulfilling the requirements for an old-age pension.
He recalled that, based on the same act and citing identical reasons, the Constitutional Committee concluded in December 2024 that the former judge of the Constitutional Court Dragana Đuranović fulfilled the conditions for old-age pension, after which the President of the Assembly declared her termination of office.
He pointed out the additional fact that former judge Đuranović was a judge with a full constitutional mandate at the time of her retirement, unlike Lopičić, whose judicial office had already been terminated due to the expiration of her mandate.
The Constitutional Court, out of the planned seven, has six judges.
Bonus video:
