Court declares appointment of Tadić unconstitutional

BELGRADE The Constitutional Court of Serbia says the government’s decision to appoint Boris Tadic as a National Council for Infrastructure president is unconstitutional. The Council was formed in July 2008 and then President Boris Tadic was named its president while then Deputy PM Mladjan Dinkic was deputy president. Court declares appointment of Tadic unconstitutional The Constitutional Court assessed that jurisdiction of the president could only be constituted by the Constitution. “Any act, measure or action of the government that would touch on the authority of the president of the republic is unimaginable in a parliamentary republic,” the Constitutional Court explained. According to the court, the government’s decision to appoint the country’s president as the president of a body of vague nature and with a wide sphere of competency created unwanted confusion into the state order determined by the Constitution. According to the ruling, the decision also had a disastrous effect on relations between main officials in the executive power. The Constitutional Court believes that the president’s appointment in a body that performs executive functions that are in principle outside the president’s constitutional competency not only leads to unacceptable overlapping of positions but also to conflicts at the top of the executive power. The court stressed that the government did not have the constitutional authority to appoint the president to a public position, especially when its duties were not directly included in the president’s constitutional authority. “This stance, however, does not mean that any possibility of the president being in some other public position during their presidential mandate is ruled out,” the Constitutional Court explained. Ministers Milutin Mrkonjic, Petar Skundric, Diana Dragutinovic, Jasna Matic, Oliver Dulic, Verica Kalanovic, Sasa Dragin, Bozidar Djelic, Vojvodina Executive Council President Bojan Pajtic and Belgrade Mayor Dragan Djilas were elected as members of the National Council for Infrastructure in 2008. It was explained then that the Council had been formed in accordance with the Law on State Administration which envisages that the government can establish coordination bodies in order to direct certain actions that fell under jurisdiction of several state administration organs. The Constitutional Court’s decisions provoked numerous reactions recently - the decision to declare 20 regulations of the Vojvodina Statute unconstitutional and to reinstate 126 judges who had not been reelected. A session of the Constitutional Court (Beta, file) Beta

Court declares appointment of Tadić unconstitutional

The Constitutional Court assessed that jurisdiction of the president could only be constituted by the Constitution.

“Any act, measure or action of the government that would touch on the authority of the president of the republic is unimaginable in a parliamentary republic,” the Constitutional Court explained.

According to the court, the government’s decision to appoint the country’s president as the president of a body of vague nature and with a wide sphere of competency created unwanted confusion into the state order determined by the Constitution. According to the ruling, the decision also had a disastrous effect on relations between main officials in the executive power.

The Constitutional Court believes that the president’s appointment in a body that performs executive functions that are in principle outside the president’s constitutional competency not only leads to unacceptable overlapping of positions but also to conflicts at the top of the executive power.

The court stressed that the government did not have the constitutional authority to appoint the president to a public position, especially when its duties were not directly included in the president’s constitutional authority.

“This stance, however, does not mean that any possibility of the president being in some other public position during their presidential mandate is ruled out,” the Constitutional Court explained.

Ministers Milutin Mrkonjić, Petar Škundrić, Diana Dragutinović, Jasna Matić, Oliver Dulić, Verica Kalanović, Saša Dragin, Božidar Đelić, Vojvodina Executive Council President Bojan Pajtić and Belgrade Mayor Dragan Đilas were elected as members of the National Council for Infrastructure in 2008.

It was explained then that the Council had been formed in accordance with the Law on State Administration which envisages that the government can establish coordination bodies in order to direct certain actions that fell under jurisdiction of several state administration organs.

The Constitutional Court’s decisions provoked numerous reactions recently - the decision to declare 20 regulations of the Vojvodina Statute unconstitutional and to reinstate 126 judges who had not been reelected.