Živković, Šehović and Vuksanović wrote to Spajić: We expect the implementation of the VK opinion to be carried out as soon as possible

AUTHOR:M.J. GDNUS

Danijel Živković (DPS), Damir Šehović (European Union) and Adrijan Vuksanović (HGI) sent a letter to Prime Minister Milojko Spajić today.

It is titled "Obligation to implement the opinion of the Venice Commission in accordance with paragraph 3 of Article 1 of the Agreement of 15 March 2025".

We are reprinting it in full:

"Dear Prime Minister,

We remind you that Article 1 paragraph 3 of the Agreement of 15 March 2025 provides the following:

"The Parties agree to take all necessary steps towards the full implementation of the opinion of the Venice Commission as soon as possible, and no later than 15 days after its delivery.".

Since all signatories to the Agreement are in possession of the opinion of the Venice Commission (CDL(2025)023), we consider that all preconditions for its full implementation in accordance with the undertaken obligations have been met.

In the opinion in question, the Venice Commission stated, inter alia:

"Even if the applicability of the Labour Law was not unequivocally and explicitly established, the procedure prescribed by the Law on the Constitutional Court, which requires formal notification by the Constitutional Court, had to be respected by the Parliament." (paragraph 66)

Based on this, it indisputably follows that the Parliament acted contrary to the procedure clearly prescribed by the Law on the Constitutional Court, thereby calling into question the legal certainty and institutional integrity of the Constitutional Court.

Given that this is a constitutional-legal issue of particular importance for the functioning of the institutions, it is important that all signatories to the Agreement consistently respect the undertaken obligations.

Therefore, as a signatory to the Agreement and the Prime Minister, we call on you to take all necessary institutional steps without further delay to fully implement the opinion of the Venice Commission, in the manner and within the deadlines defined by the Agreement. Given the constitutional and legal importance of this issue, we expect the implementation of the opinion to be carried out as soon as possible, with full respect for the principles of the rule of law and inter-institutional trust, in order to avoid further political and legal consequences."