Ministry of Justice: The Supreme Court Wants to Portray Chaos with Incorrect Data

The Ministry of Justice and Administration has issued a public statement emphasizing that ‘the Supreme Court wants to portray chaos in the judiciary with incorrect data’. The Ministry, headed by Ivan Malenica, reacted to the previous statement by the President of the Supreme Court of the Republic of Croatia Radovan Dobronić, which stated that the judicial system is on the brink of collapse and that we are facing a mass exodus of officials. Dobronić presented data indicating that from January 1, 2022, to June 30, 2023, the official relationship for 870 officials in the courts of the Republic of Croatia has ceased.

The following is the response from the Ministry of Justice and Administration to the claims from the Supreme Court:

The Supreme Court states in its announcement that the mentioned data is provided ‘to raise awareness of the seriousness of the problem and the difficult situation in the courts that could lead to the collapse of the system, and thus the cessation of the Republic of Croatia as a rule of law’.

In the Report of the President of the Supreme Court of the Republic of Croatia on the state of the judiciary for 2022, the President of the Supreme Court notes on page 16 in table number 3 that the number of staff as of December 31, 2022, is 8,067, of which 1,652 are judicial officials. In the report of the President of the Supreme Court of the Republic of Croatia on the state of the judiciary for 2021, on page 18 in table number 3, it is stated that the number of staff as of December 31, 2021, is 8,172, of which 1,680 are judicial officials.

From the aforementioned reports, it follows that at the end of 2021, there were 6,492 officials and employees employed in Croatian courts, and at the end of 2022, there were 6,415.

According to data from the Employment Register as of June 30, 2023, there were 6,264 officials and employees employed in Croatian courts, which is not 870 less as claimed by the Supreme Court.

The President of the Supreme Court, by stating the number of officials and employees who left the courts, namely 870, misleads the Croatian public as he neglects the fact that public competitions were held in the courts during the mentioned period and new officials and employees were hired. The Ministry of Justice and Administration has granted 2,125 approvals for employment to the courts in the last three years, of which 220 were granted during 2023, in accordance with the powers from the Law on Courts.

We note that the Ministry of Justice and Administration does not conduct employment competitions in the courts; rather, the courts conduct them independently.

Undoubtedly, based on these approvals, as well as the previously mentioned reports, officials and employees have been hired, although there is a repeated attempt to portray that no one wants to be employed in Croatian courts, and the Ministry of Justice and Administration is solely blamed for this.

By presenting partial data and an unobjective analysis, the Supreme Court of the Republic of Croatia turns the issue of union activities into a question of the existence of the rule of law, thereby wanting to portray the situation in the bodies of the judiciary as chaotic.

Such an approach by the Supreme Court neglects the fact that the Constitution of the Republic of Croatia divides state power into legislative, executive, and judicial branches, which, according to that same Constitution, are obliged to cooperate and mutually verify. Additionally, it neglects the fact that according to the Law on Courts, the Ministry of Justice and Administration performs the tasks of judicial administration, as well as the fact that the funds for the operation of the courts are secured in the State Budget, which is adopted according to the prescribed procedure and in the Croatian Parliament.

This approach of the Supreme Court demonstrates a misunderstanding of the functioning of the executive power as well as a lack of understanding of the role of the Ministry of Justice and Administration as part of it, which cannot be portrayed solely as a service of another branch of power.

The Ministry of Justice and Administration is aware that the current strike of officials and employees will have consequences on the efficiency of court operations; however, it reminds the presidents of the courts of their obligation to take measures for the orderly and timely performance of all tasks in the courts.

In conclusion, the Ministry of Justice and Administration states that by taking such a stance, the Supreme Court of the Republic of Croatia, unfortunately, shows that it does not objectively perceive the problem and lacks the willingness to find a common solution to end the strike in the judicial bodies. It is questionable how such an approach by the Supreme Court can contribute to strengthening the rule of law and the stability of the legal state – which does not encompass only the judicial power.