UPUĆIVANJE SUDACA I DRŽAVNIH ODVJETNIKA NA PRIVREMENI RAD U DRUGA TIJELA DRŽAVNE VLASTI U REPUBLICI HRVATSKOJ (KOHABITACIJA ILI KOLIZIJA SUDBENE I IZVRŠNE VLASTI)
REFERRAL OF JUDGES AND STATE ATTORNEYS FOR TEMPORARY WORK IN OTHER STATE AUTHORITY BODIES (COHABITATION OR COLLISION OF JUDICIAL AND EXECUTIVE POWER)

Summary/Abstract: The permanence of judicial and state attorney functions according to international standards represents the basic guarantee of judicial and state attorney independence. An analysis of the principles contained in the positive regulations, primarily in the Constitution of the Republic of Croatia, established that judges and state attorneys as holders of judicial functions are provided with a high degree of protection in terms of guaranteeing the permanence of their functions. However, as we cannot analyse any standard in isolation, neither can the permanence of the judge or state attorney function be viewed as an absolute category. The provisions of the Law on Courts prescribe the possibility of temporarily assigning judges, at their request, to work in other state authorities, and the same is prescribed for state attorneys in the Law on State Attorneys, but only as an exception to the generally accepted rule of permanence of the function to which they are appointed. The authors examine the reasons for the appointment of judges and state attorneys to temporary positions in the Ministry of Justice, bearing in mind the multifaceted nature of this problem and the fact that the answer to this question is not unambiguously determined. Moreover, considering the diversity of legal systems of nation states, as well as the diversity of political and legal values, building an acceptable concept of the rule of law, even in the context of the issue in question, remains a challenge.

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