Two days after the parliamentary elections in Croatia, the Constitutional Court declared on Friday that President Zoran Milanović could not become the Head of Government because he participated in the election campaign despite warnings. This decision upset the left-liberal camp and thwarted the plans of the opposition alliance led by the Social Democrats (SDP) to appoint Milanović as prime minister. The president was informally considered the top candidate of the left-liberal opposition alliance “Rivers of Justice.” However, he was not allowed to run officially due to a decision by the Supreme Court.
The Constitutional Court’s President, Miroslav Šeparović, stated at a press conference that Milanović had behaved unconstitutionally throughout the election campaign. Despite reminders from the Constitutional Court, Milanović continued to ignore their warnings. He emphasized that Milanović’s actions and statements during the campaign made him a participant in the parliamentary elections, which was incompatible with his role as president.
Milanović, in response to the decision, expressed that the election was over, and the will of the citizens, as reflected in the parliamentary mandates, would determine the Croatian government. He stated that the governing majority could appoint anyone they desired as head of government, and there were no legal remedies against that decision. He also mentioned that he would order the formation of a government and that whoever secured the support of at least 76 MPs would be appointed.
The SDP leader Pedja Grbin criticized the decision, calling it a “disgrace” and alleging that the Constitutional Court’s decision was below any standard. He suggested that the court was aiding the ruling HDZ party in retaining power. Sandra Benčić, the co-chair of the left-green party Možemo, denounced the decision as an interference in the political process of forming a government. She stated that the Supreme Court had chosen a side in this matter.
The Constitutional Court’s decision, made by nine votes to three, was defended by the court president as protecting the constitution and bringing unconstitutional actions back into the constitutional framework. Despite the dissenting opinion of three judges warning of potential threats, Milanović was barred from becoming prime minister, even if he resigned at that point. The decision has stirred controversy and political reactions in the country.