Platform 112 thinks that, by adoption of the regulation regarding the Law on Croatian Radiotelevision, the government has seriously violated the Constitution, which defines the principle of the separation of powers and the jurisdiction of national authorities.

The government has no legal or constitutional authority to change the decisions that the Croatian Parliament had already voted through, such as the Law on Croatian Radiotelevision, which stipulates that only Parliament can appoint an acting (interim) director of the Croatian Radiotelevision (Hrvatska radiotelevizija - HRT), and to a maximum term of six months.

Balance of power

The current government - which has lost its democratic legitimacy after the no-confidence vote in Parliament - can make only the decisions that are necessary for the daily functioning of the executive branch institutions.

The extension of the mandate of the acting director is not a decision that is necessary for the daily functioning of the institutions of executive power. Civil society groups believe that this decision represents a clear expression of the particular political will of a group of people who make up the technical, interim government.

They stress that such a decision is in clear contradiction of national laws on the balance of power, which prohibit the government from taking decisions related to appointments to office after the dissolution of Parliament.

Political influence

According to the Law on Croatian Radiotelevision, after the six-month period, the responsibility of HRT management is transferred to the Supervisory Board of HRT (which has at its disposal management mechanisms in accordance with the competent law).

The interference of the government in the statutory jurisdiction of the competent management bodies of HRT, which is a public institution, is a clear limitation of the HRTs independence by the particular political influence - which represents a direct violation of the Law on Croatian Radiotelevision.

If the government, with the adoption of this regulation, ignores the fundamental constitutional principle of separation of powers, this will represent the usurpation of the liberal democracy and constitutional order of the Republic of Croatia. In that case, Platform 112 will ask the Constitutional Court to intervene.