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Matijašević: Constitutional Court’s Decision Unconstitutional and Illegal

The President of the Croatian Trade Union Association, Ozren Matijašević, stated today that the Constitutional Court’s decision that there are no prerequisites for a referendum on amendments to the Labor Law is “unconstitutional and illegal” because the Constitution clearly stipulates that citizens have the right to decide on all matters within the jurisdiction of the Croatian Parliament through a referendum.

In this regard, it is completely irrelevant that the proposal to amend the Labor Law has been withdrawn from parliamentary procedure, Matijašević asserted in a statement to reporters in front of the Croatian Parliament. The Constitutional Court acted contrary to the provisions of the Constitution, which is why I said in yesterday’s statement, anticipating such a decision, that it is a “farcical decision of a farcical body,” said Matijašević. Therefore, HUS, as announced, will propose the abolition of the Constitutional Court and the transfer of its powers to the Supreme Court based on experiences from Anglo-Saxon legal systems.

The unions anticipated such a decision, guided by the previous work of the Constitutional Court, which, when it comes to the requests of multiple citizens, has always made decisions contrary to their requests, Matijašević asserted. Such a way of working by constitutional judges is “a consequence of how they came to their positions in the Constitutional Court, thanks to the voting machinery,” Matijašević said. He also asserted that by this decision, hundreds of thousands of Croatian citizens who signed the request for a referendum have been declared second-class citizens, as their right to direct expression has been denied.

The trade union centers will know how to respond to this decision, and the public will be informed about it at tomorrow’s press conference, Matijašević announced. The Constitutional Court of the Republic of Croatia today unanimously concluded that the prerequisites for calling a referendum on the provisions of the Labor Law regarding collective bargaining ceased when the Government withdrew the proposal for amendments to the Labor Law from the legislative procedure, but also that in the next year, no legislative proposal that would be contrary to the affirmative answer to the proposed referendum question may be submitted to the procedure, unless a referendum is conducted on that proposal beforehand. The constitutional judges explain that the Organizing Committee in the formal request for calling a referendum tied the referendum to the proposal for amendments to the Labor Law, which the Government withdrew from the procedure, and thus the Government, the Constitutional Court interprets, respected the will of the voters expressed through 717,149 valid signatures on the union initiative. (H)