vladimir šeks.jpg
Photograph: Hina / Denis CERIĆ /dc

The Croatian president's advisor on constitutional matters, Vladimir Seks, said on Friday that there were several scenarios regarding the formation of the new government but that it was necessary to wait for the third round of consultations with President Kolinda Grabar-Kitarovic, who would exhaust all possibilities and make a decision in line with the Constitution.

Speaking to reporters during a visit to the Osijek Law School which today marks its 40th anniversary, Seks said that under the first scenario, the potential prime minister-designate would bring the president proof of the support of at least 76 members of Parliament, after which she would give that person the mandate to form the government. The prime minister-designate would have 30 days to form the government and ask for a parliamentary vote of confidence in the government, said Seks.

If the prime minister-designate does not form the government within 30 days or the government is not voted in by the parliament, the president can extend that period for an additional 30 days. If the second attempt to form the government fails, the president will give someone else the mandate to form the government and that person too, should prove that they enjoy the support of at least 76 members of Parliament, after which they will be given a 30-day period to form the government, which may be extended by an additional 30 days, said Seks.

Seks said that if the second prime minister-designate also failed to form the government or get the support of the parliament, the president would appoint a non-party interim government and call an early election.

He said that another situation, not envisaged by the Constitution, was also possible - if nobody comes to the president with the support of 76 MPs, "then there is no time period within which the president should respond."

According to many interpretations by experts on constitutional law, if, after an appropriate time period all possibilities are exhausted to appoint a prime minister-designate to form the government, the president can put an end to the situation where there is no government and no parliament and use her constitutional powers to ensure the regular and harmonised functioning of the state authorities and their stability by appointing a non-party government and calling an early election, said Seks.

He added that he believed that the president would act in line with the Constitution and that contrary to current speculations, she would not give the mandate to form the government to anyone not enjoying the support of at least 76 parliamentary deputies, namely to "a relative winner." 

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