Prosecutors close to the progressive government failed to establish a majority in the elections for the High Council of Prosecutors (HPC). Podedina's prosecutors then filed appeals against the electoral process with the Constitutional Court, which ruled in favor of six appeals. After that, VST announced.
High Prosecution Council announced on Thursday that it had received a decision approving the appeals of six public prosecutors that had been filed Constitutional Court due to the alleged violation of electoral rights during the elections for members of the Supreme Court from the ranks of public prosecutors.
"We note that the Constitutional Court did not apply the provisions of the Law on the Constitutional Court and scheduled a public hearing regarding the appeals, and enabled the High Council of the Prosecution to directly explain the bases and reasons for the legal positions expressed in the adopted legal acts and statements," it was announced.
The Supreme Court of Justice notes with great regret that the Constitutional Court did not analyze with the necessary and due care all allegations of objections, appeals, and especially decisions and responses to appeals.
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It was stated that objections, appeals, decisions and responses to appeals clearly indicate the fact that the elections for elected members of the Council from the ranks of public prosecutors "were organized, held and concluded without any objections or objections during the election day and that the election results are indisputable, and that in his decision he did not engage in consideration of essential facts and evidence on whether there was a violation of the right to vote or not, but limited himself to deciding only on the procedural circumstances of holding an extraordinary session of the High of the Prosecution Council".
"At the same time, the Constitutional Court did not in any way assess whether the violation of the law and the electoral right occurred due to the obstruction of a minority of members of the High Council of Prosecutors by refusing to attend the mandatory extraordinary session of the Council, at which a decision had to be made within 48 hours, which by force of law would mean that without discussion, insight into the material and its evaluations, objections are accepted and the elections are annulled, but by its decision it considered such action permissible". it was announced.
The Supreme Court of Justice, as a body of constitutional rank that ensures and guarantees the independence of the public prosecutor's office and all holders of the public prosecutor's office, announced that on this occasion, in accordance with the Constitution and the law, they will make further decisions about which the public will be informed in a timely manner.
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What did the Constitutional Court decide?
On Thursday, the Constitutional Court of Serbia passed a decision accepting appeals against the decisions of the Supreme Court of Justice due to the alleged violation of electoral rights at the polling stations where the election of a member of the Supreme Court of Justice was voted on from among public prosecutors, which is why the Supreme Court of Serbia is obliged to cancel the elections at the polling stations marked in the objections and to repeat them within eight days.
The court accepted the appeals of Edis Arifović, Đorđe Mahovac, Jelena Kocić, Dušan Milosavljević, Ivan Filipović and Saša Avramović against the decision of the VST, which were annulled, so it is necessary to re-run the elections in four polling stations.
It was ordered to repeat the prosecutorial elections for the higher public prosecution offices in Kragujevac and Novi Sad, that is, the elections for basic public prosecution offices in Kragujevac and Novi Sad.
Elections for new members of the VST were held on December 23, and a day later six objections to their regularity were submitted.
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