The Constitutional Court said that responsibility for the legal consequences of constitutionally unacceptable decisions lay with those who made such decisions.

The court said that the heads of candidate slates, within the meaning of the law regulating elections for the Croatian Parliament, must be regarded as "participants in the election process". Regardless of the fact that the head of a slate need not be a candidate on that slate, they directly participate in the election process: only their name appears on the ballot on election day. In that regard, there is no doubt that from the point of view of effect on voters and the entire election process, the head of a slate has both legally and factually a stronger position on election day than the candidates themselves, because the names of the candidates, unlike the names of the head of the slate, do not appear on the ballots, the statement said.

The court believes that election procedures are always the most important test of commitment to true political democracy that is embodied in the Constitution.

HDSSB leader Vladimir Sisljagic asked the DIP on Tuesday to say whether Glavas, who is currently serving a prison term in Bosnia and Herzegovina for war crimes committed in Croatia in the early 1990s, could exercise his passive voting right as the head of HDSSB election slates, as a candidate on a slate or as the head and candidate on a slate. The DIP responded to the query on Thursday, saying that Glavas can head the party's slates but cannot be a candidate in the election.