Constitution

The Constitutional Court has found that the proposed referendum question on the lease of motorways is not in line with the Constitution, ruling that a referendum may not be called.

Former three-time State Attorney General Mladen Bajić, Constitutional expert and external Committee on the Constitution member Sanja Barić, former Children's Ombudsman Mila Jelavić, the judge convicting Ivo Sanader and the Croatian Democratic Union Ivana Čalić, former Constitutional Court Justice Nevenka Šernhorst, Municipal Court in Zagreb Justice Zorka Čačić Zagrajski, High Misdemeanour Court Justice Antonija Kovačić, attorney and would-be Ombudsman Boris Kozjak, public notary Anđelko Stanić, attorneys Želimir Brozović and Šime Savić, Senior Constitutional Court Advisor Dubravko Ljubić. All of them would like to join the ranks of the Constitutional Court and the Committee on the Constitution of the Croatian Parliament should establish whether this is the exhaustive list. Considering the fact that Constitutional Court Justices are elected by a two-third majority in the Parliament, consensus between HDZ and SDP is necessary, with additional problems arising from the fact that the thirteenth Justice spot has been empty for several years now and the terms of five more Justices expire in late-2015.

The Croatian Parliament's Constitution Committee on Wednesday decided to ask the Constitutional Court to test the constitutionality of the question in the planned referendum against leasing motorways, with Committee Chairman Pedja Grbin of the Social Democratic Party (SDP) explaining that the referendum question would imply an absolute ban on concessions in the motorway sector.

The Constitutional Court on Monday rejected a request by a civil society group that objects to leasing Croatia's motorways to ban the government and transport ministry from taking any further steps in this regard until the results of a referendum are made known, stating that there are no grounds for the Constitutional Court to act in this matter.