The government has instructed the Ministry of Justice to publish in the Official Gazette a new public call for nominations for the appointment of two European delegated prosecutors, they announced after the government session. The government found that the verdict could not be enforced, as the procedure, which was supposed to be repeated, ended with the publication of a new public call for public prosecutors to submit candidacies. This is “a mockery and a serious and deliberate violation of the constitution,” commented former Justice Minister Aleš Zalar.
Following Monday’s decision by the Administrative Court, which overturned the government’s decision in May to annul the procedure for appointing delegated prosecutors and upheld the lawsuit Tanja Frank Eler and Matej Oštir , the government will not be informed of the proposal for their appointment and will not forward it to the European Public Prosecutor’s Office (EPPO). This expectation was expressed, among other things, by the decision of the administrative court at the Supreme State Prosecutor’s Office.
The Government found that the judgment could not be enforced because The procedure, which is supposed to be repeated, ended with the publication of a new public call for public prosecutors to submit candidacies for the appointment of two European delegated prosecutors in the Official Gazette on July 9, the Government Communication Office announced after today’s government session.
“According to their own statements, the applicants also applied for a new invitation to tender and therefore clearly consider themselves to be the procedure following the first call for tenders has been completed, “ (they announced)
With the aim of speedy and successful implementation of the procedure for the appointment of two European delegated prosecutors, the government therefore instructs the Ministry of Justice to, in the event of a failed public call for public prosecutors to nominate two European delegated publishes a new public call for nominations for the appointment of two European delegated prosecutors published in the Official Journal on 9 July.
The Government will submit a proposal to allow a review in the part refers to the court’s assessment that the challenged government decision constitutes an administrative act, they also announced.
European Prosecutor’s Office PHOTO: Dreamstime
The former Minister of Justice reacted sharply to the government’s decision Aleš Zalar
. “ What the government has decided today is a mockery and a grave and deliberate violation of the constitution. The government has every right to try extraordinary remedies to reach a different judgment, but it is not allowed to freely decide whether to execute a final judgment or not, “he emphasized.Current Minister of Justice Marjan Dikaučič
unlike his predecessor Lilijana Kozlovič will not resign due to the government’s second non-appointment of delegated European prosecutors. “ Resignation would not be the solution, “he said in Luxembourg.
Recall. On Monday, the Administrative Court upheld the lawsuit of two (un) appointed European delegated prosecutors, Tanja Frank Eler and Matej Oštir, “due to an absolute substantial violation of the rules of procedure” and annulled the government’s decision to annul the procedure for appointing European delegated prosecutors.
In its decision, the Administrative Court wrote, inter alia, that the impugned May decision of the Government contained an operative part and its consequence, but not the reasons imposed by 214 Article of the General Administrative Procedure Act (ZUP). An unreasonable decision violated the plaintiffs’ constitutional right to judicial protection and redress.
In May, the government annulled the process of appointing Frank Eler and Oštir to the position of European Delegated Prosecutors on the grounds that the State the Prosecutorial Council (DTS) did not make available at least three candidates for one advertised position, ie a total of six, but only proposed the two mentioned to the government for confirmation.
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