Deputies of the Civic Movement URA Dritan Abazovic, Milos Konatar, Ana Novaković-Đurović, Filip Adzic, and an independent MP Jevrosima Pejović, submitted two days ago to the Constitutional Court a proposal for assessing the conformity with the Constitution of the recently adopted amendments to the Law on Business Companies.
"The proposal of the applicants is based on the fact that the provisions of the Law on Amendments and Amendments to the Law on Business Companies are in contradiction with Article 1 paragraph 2 of the Constitution, which refers to the principle of the rule of law, the principles of economic regulation from Article 139 of the Constitution, the principles of equality, equality and the prohibition of discrimination from Articles 17 paragraph 2, 19, 8 and 139 of the Constitution, Article 147 of the Constitution which refers to the prohibition of retroactive effect, and Article 146 of the Constitution which refers to vacatio legis", it was stated in the initiative of this group of representatives.
This amendment to the law was adopted for the second time in the Assembly ten days ago, after the President Jakov Milatovic refused to sign the previously adopted amendment with the explanation that the public interest was not determined in the process of adopting the amendments, even though its provisions have retroactive effect, that is, that retroactive application would not be in accordance with the Constitution. The Assembly then adopted amendments to the Law in the same form.
This amendment to the law foresees a shortening of the deadlines for scheduling and holding shareholders' meetings in companies if requested by shareholders who own more than 95 percent of the shares. The most important state company with that percentage is Elektroprivreda.
After the formation of the new government, the board of directors of EPCG, in which the URA had the majority with the support of a member from the Bosniak party, refused to schedule an emergency meeting of shareholders at which the current board of directors would be replaced, but they scheduled it for April 26 within the deadlines. which provides for the existing law.
President of URA Dritan Abazovic after proposing these changes to the law at a press conference, asked if the reason for the changes was that the positions in the Board of Directors should be filled by people from the former government in order to implement the sale of the company.
The new parliamentary majority responded that EPCG board members from URA want to postpone the Shareholders' Assembly in order to save their seats and elect their own member as company director.
Two days ago, the current board of directors of EPCG, because a member from the Bosniak party moved to the new majority, elected as executive director Ivan Bulatović, longtime director of CGES.
They are asking for a ban on the Assembly of Shareholders
The Law on the Constitutional Court stipulates that if a proposal for the assessment of the conformity of the law with the Constitution is proposed by five or more deputies, the Constitutional Court considers the proposal under an urgent procedure and may also order the suspension of the execution of an individual act or action until a final decision is made, at the request of the petitioner.
The proposal states that the Government, as a shareholder, has already launched initiatives under this law that they consider to be unconstitutional, which is why they are asking the Constitutional Court to order the Government to "suspend the execution of acts and actions aimed at convening an extraordinary session of the EPCG Shareholders' Assembly".
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