The Supreme Court has again quashed the State Judicial Council's decision under which former chief state attorney Drazen Jelenic was sacked as deputy chief state attorney, with the explanation that the new decision did not contain a valid explanation and could therefore not be examined.
Jelenic resigned as chief state attorney on 19 February 2020 after it was discovered that he was a member of a Masonic lodge. His successor Zlata Hrvoj-Sipek requested that disciplinary action be taken against him as her deputy and that he be suspended.
The State Judicial Council delivered a new decision on Jelenic’s suspension after the Supreme Court quashed the first decision on the suspension, requesting a new decision. Jelenic’s attorney Vesna Alaburic announced an appeal, saying the second decision again was “very lacking in terms of valid reasons.”
The Supreme Court granted the appeal and quashed the State Judicial Council’s decision which extended Jelenic’s suspension for another three months.
The Court found that the Council did not substantiate its argument that Jelenic’s return to work would negatively impact interpersonal relations at the State Attorney’s Office and its functioning.
Disciplinary action does not automatically justify the decision on the suspension, the Court said.