President Milanović in letter to Prime Minister warns that Defence minister is violating the law, politicizing the Armed Forces and is in a conflict of interest
The President of the Republic wrote a letter on 3 October to Prime Minister Andrej Plenković warning him of further unlawful actions by Defence Minister Mario Banožić.
The Defence minister has made a decision to send Member of Parliament Ante Bačić to the Ban Josip Jelačić War College thereby, according to the President of the Republic, unquestionably violating the Law on Service in the Croatian Armed Forces since Bačić, as a state official, is not entitled to attend the War College. Besides warning the Prime Minister that the Defence minister is repeatedly violating the law, President Milanović indicated that the minister’s decision is causing direct harm to the Croatian Armed Forces and that he is in a blatant conflict of interest by sending a Member of Parliament to the War College who, as an ex officio member of the Defence Committee, supervises the minister’s work.
Prime Minister Plenković has ignored all these facts, which were clearly argued in President Milanović’s letter, and to this day has taken no action whatsoever to prevent violation of the law, favouritism and conflict of interest. The arrogant lack of interest for respect of the law and tolerance for the Defence minister’s actions can only mean that the Prime Minister is an accomplice in violations of the law, favouritism and conflict of interest. Furthermore, the use of party and political connections for realizing such ambitions by members of Parliament is a blunt politicization of the Croatian Armed Forces, which is inadmissible, never seen before and above all dangerous.
Since the Prime Minister has done nothing to prevent further violations of the law, President Milanović reminds that in the Bačić case he will have no choice but to take action in accordance with his constitutional powers and duties as Commander in Chief of the CAF, of which he warned the Prime Minister in his letter, which we publish in its entirety:
“Dear Mr. Prime Minister,
I am writing to you to point out to you and warn of further unlawful actions by your Defence minister Mario Banožić.
By his decision of 1 August 2022 Minister Banožić authorized HDZ Member of Parliament Ante Bačić to attend the Ban Josip Jelačić War College, thereby unquestionably violating the Law on Service in the Croatian Armed Forces, Art. 84, Para(s) 4 and 5, which stipulates that the War College (fourth level of successively increasing officer training) may be attended exclusively by active duty officers (colonels/captains and lieutenant colonels/commanders) and civil servants employed for a minimum of ten years in the civil service.
Member of Parliament Bačić is a state official therefore not an active duty officer nor a civil servant with a minimum of ten years in the civil service. Consequently, according to the above-mentioned law, he is not entitled to attend the War College. I stress that the Law of Service in the Croatian Armed Forces in no way permits state officials to attend the War College, which is evident since to this day in 24 years of operation the War College has not been attended by any state official.
A fact proving Minister Banožić’s obvious favouritism for his party colleague Bačić is that the Ministry of Defence’s Personnel Council – at its meeting of 15 June – confirmed a list of 14 candidates for the War College. Accordingly, Minister Banožić reached a decision on 5 July 2022 to send 14 candidates to the War College, but the list did not include Member of Parliament Bačić. In the case of Mr. Bačić, a special decision was made by Minister Banožić on 1 August 2022 with no discussion at the level of the Personnel Council, which has the authority to confirm the list of candidates for the War College. In other words, this is exclusively the will of the minister and such behaviour, which is outside the prescribed procedure, indicates favouritism along party lines.
Moreover, the Defence minister’s action is not only unlawful but also harmful for the Croatian Armed Forces, and therefore further unacceptable to me as Commander in Chief.
Due to the limited number of admissions to the War College, the Defence minister has deprived and denied the opportunity for the professional development of a member of the CAF since the opportunity was given to a politician, a Member of Parliament and his party colleague, all at the expense of the State budget. Instead of giving the opportunity to a Croatian soldier to attend the War College and gain further knowledge, the Defence minister has made it possible for a HDZ politician to be admitted to a military institution at the expense of the state.
Besides, by bluntly violating the principles for preventing conflict of interest, since on the one hand a Member of Parliament is receiving something he is not entitled to by law (education at the expense of the State budget), and on the other the Defence minister is “rewarding” a Member of Parliament who is an ex officio member of the Defence Committee and supervises the work of the Defence minister and the Ministry of Defence of the Republic of Croatia. Consequenty, this is not only an evident unlawful and arbitrary action and favouritism to a party colleague but also a prime example of a conflict of interest in which the minister is installing a Member of Parliament in an enviable position to supervise his work.
Considering that the work of the minister is just your responsibility as Prime Minister and as president of the party whose members are your minister and the Member of Parliament who was unlawfully shown favouritism, I call on you to take urgent action in accordance with your powers so as to put an end to further violations of the law and abuses of power from your minister and a Member of Parliament from your party.
Should there be no reaction on your part, I will be forced to act in accordance with my constitutional powers and duties as Commander in Chief of the Croatian Armed Forces.
Respectfully yours,
THE PRESIDENT OF THE REPUBLIC OF CROATIA
Zoran Milanović”