hrvatskienglish
   

HOME
News Archive
About the Court
Legal Basis
Management of the Court
Case-Law
European Court of Human Rights Case-Law
International Relations
Publications
Links
Contact
About the Web

 

 

 

 



USTAVNI SUD REPUBLIKE HRVATSKE
Trg svetog Marka 4
10000 Zagreb
tel: +385 1 6400 251
fax: +385 1 4551 055

 



Verzija za ispis 
President Omejec at the Law Faculty of the University of Belgrade


25 March 2015 – with her lecture on the role of constitutional judiciary in the processes of transition and Europeanization of the Croatian law, Professor Dr Jasna Omejec, President of the Croatian Constitutional Court, addressed the students of the course Law and Justice at the University of Belgrade Law Faculty. In her lecture she recalled the fundamental role of constitutional courts in the post-communist states, where the constitutional judiciary found itself amidst national and European law. She pointed out to confusion in legislative, and in general, regulative system of our country and to the troubled state of our judiciary chained in the textual or grammatical positivism, as well as to the strong lack of understanding of the Constitutional Court's role given that the Croatian society still does not except the fact that the constitutional judiciary supervises the legal frame of the state created by the political power. At the end she emphasised the need for general improvement of political culture and for spreading the awareness of democratic values and constant learning. She called upon the students to build their legal awareness in accordance with European legal standards entailed in their Constitution and to continuously cherish constitutional values.


President Omejec gave a speech at the Council of Europe conference on the effective use of national remedies in domestic legal proceedings and the subsidiary role of the European Court of Human Rights


12 March 2015 - at the regional conference of the Council of Europe on the effective use of national remedies in domestic legal proceedings and the subsidiary role of the European Court of Human Rights held in Zagreb on 12 and 13 March 2015, Professor Jasna Omejec, President of the Croatian Constitutional Court, gave a speech entitled "Domestic legal remedies: the Constitutional Court at the intersection of the national law and Convention control mechanism". In her lecture she addressed problems stemming from the request for subsidiarity of the Convention control mechanism and illustrated the path taken by the Croatian Constitutional Court in accepting this principle. In contrast to challenges related to the reasonable length of judicial proceedings, where the Court can directly envoke the Constitution to align its jurisprudence with the case-law of the European Court of Human Rights, in more complex cases, involving for example the right to home, it has to resort to broader interpretations of the Constitution. In some matters, however, the Court has been forced to make radical moves to align its jurisdiction with the one of the Eruopean Court with no changes of the normative framework. These are situations in which there is no legal norm in the Croatian legal order on which the Court could ground its jurisdiction to decide on the concrete constitutional complaint, and the European Court will find the violation of the convention rights.

She finally concluded that the main problem in the Croatian legal life, when it comes to realising the priniciple of subsidiarty, lies in the lack of full legal awareness that, along with the Constitutional Court, also all other national institutions, particularly the courts, have to function as pillars of the European architecture of the human rights protection and together with the Strasbourg Court create the European Lernverbund.


Mr Jean-Marc Sauvé, Vice-president of the Conseil d'Etat visited the Constitutional Court


3 March 2015 - Professor Dr Jasna Omejec, President of the Constitutional Court received today Mr. Jean-Marc Sauvé, Vice-president of the French Conseil d'Etat accompanied by H.E. Michéle Boccoz, French Ambassador to Croatia and associates. At the meeting were also present Dr Snježana Bagić, Deputy President, Judge Davor Krapac, F.C.A., Judge Slavica Banić and Secretary General Dr Teodor Antić.

While talking about legal pluralism they agreed that Kelsenian pyramid is no longer capable of doing justice to the relations between the different legal systems: national law, EU law and the law of the European Convention. In that light they addressed the two mechanisms: the ECJ's preliminary procedure, given that it is not fully accepted by national constitutional courts, and Protocol 16 to the Convention for the Protection of Human Rights related to advisory opinions of the European Court of Human Rights. Regarding Protocol 14 both sides agreed that it is hard to believe that the EU could join the Convention without prior amendments to the Lisbon Treaty.

The French Conseil d'Etat is one of the most important institutions of the French administration. It advises the Government and Parliament on the drafts of laws, regulations and decrees. It also enjoys highest administrative jurisdiction and it is the last instance in cases related to the executive power, local authorities, independent public authorities or any other bodies vested with public powers.


Scientific gathering in the Croatian Academy of Sciences and Arts on the date when Croatia gained sovereignty and independence in 1991


20 February 2015 - Professor Jasna Omejec, President of the Croatian Constitutional Court, held a speech today at the scientific gathering held in the Croatian Academy of Sciences and Arts on still disputable topic related to the date when Croatia gained sovereignty and independence in 1991. In her lecture entitled "Croatian Independence Day in legislative, criminal and constitutional jurisprudence", President Omejec spoke about the foundings of the Constitutional Court related to the date when Croatia acquired qualities of a sovereign state within the meaning of international law. She recalled that the Constitutional Decision on Croatia's sovereignty and independence of 25 July 1991 had never officially entered into force, but it started to produce legal effects on 8 October, when the Croatian Parliament passed the Enactment on Succession. Thus, 8 October 1991 is a relevant date for choosing the relevant international law to be applied in criminal proceedings of war crimes. On that date Croatia acquired qualities of the sovereign state within the meaning of international law, which fact was also confirmed by the Badinter's Commission. She also emphasised that this internationally accepted and confirmed fact has to be respected in the jurisprudence and applied by the national courts in their interpretation of the Constitution, laws and other sources of law in the specific judicial proceedings.

President of the Croatian Academy of Sciences and Arts Zvonko Kusić opened this scientific gathering, and Mr. Andro Krstulović Opara greeted the participants on behalf of the President of the Republic, Ms Kolinda Grabar-Kitarović. The participants were also addressed by Dr Davorin Rudolf, F.C.A. and Vladmir Šeks, MP.


H.E. Keiji Ide, Ambassador of Japan to Croatia visited the Constitutional Court of the Republic of Croatia


26 February 2015 - Professor Jasna Omejec, President of the Croatian Constitutional Court, received today H.E. Keiji Ide, Ambassador of Japan to the Republic of Croatia in a courtesy call. President Omejec informed the Ambassador about the organization and jurisdiction of the Croatian Constitutional Court. They also talked about differences between the two legal systems, especially given that in Japan the constitutional matters are dealt with by the Japanese Supreme Court. Ambassador Ide took the opportunity to announce a lecture of Professor Shinya Murase from the Jochi University Faculty of Law, to be held in Zagreb in June 2015.


H.E. Poul E. D. Kristensen, Ambasador of the Kingdom of Denmanrk in Croatia paid a courtesy call to the Constitutional Court


4 February 2015 - H.E. Poul E. D. Kristensen, Ambasador of the Kingdom of Denmanrk in Croatia visited today the Croatian Constitutional Court where he was received by Professor Dr Jasna Omejec, President of the Court and Dr Teodor Antić, Secretary General. Ambassador Kristensen was very interested to hear about the organisation and workings of the Constitutional Court, and in particular about our competence related to national referendum. He pointed out that Danish Constitution limits the scope of questions that can be decided at the referendum by excluding for example issues related to taxation, government loans, expropriation etc. They also exchanged views on the current situation in the Croatian judiciary, especially about problems of the constitutional judicature, and on the activities the Constitutional Court has been undertaking to increase its efficiency in order to provide the citizens with the timely protection of the rights guaranteed in the Constitution.


Official opening of the judicial year of the European Court of Human Rights


2 February 2015 - Invited by Dean Spielmann, President of the European Court of Human Rights, Professor Jasna Omejec, President of the Croatian Constitutional Court participated in the solemn hearing of the European Court marking the opening of its judicial year. She has also participated in the accompanying seminar on the "Subsidiarity - a two sided coin? The role of the Convention mechanism and the role of the national authorities". After a speech by Dean Spielmann, the ECtHR President, and an introduction by Julia Laffranque, judge of the Court, the seminar continued with presentations by Sabino Cassese, Judge of the Italian Constitutional Court and Jean-Marc Suavé, Vice-president of the French Conseil d'Etat and by Angelika Nußberger and Paul Lemmons, Judges of the European Court of Human Rights. The seminar was followed by the official opening ceremony, in the course of which Dean Spielmann, President of the Court, and Francisco Pérez de los Cobos, President of the Constitutional Court of Spain, addressed the audience representing the judicial world and local and national authorities.


President Omejec gave a speech at the closing ceremony of the "Freedom of Expression Law Clinic"


11 December 2014 - at the closing ceremony of the "Freedom of Expression Law Clinic" for academic year 2014/2015 held today at the Zagreb Law Faculty, Professor Jasna Omejec, President of the Croatian Constitutional Court, gave a speech entitled "Every day is Human Rights Day. On Human Rights we speak out!". In her lecture, dedicated also to the Human Rights Day (celebrated on 10 December) and to the signing of the UN Universal Declaration of Human Rights, she also referred to the European Convention for Human Rights given that through this instrument the content of the Universal Declaration has become formally legaly binding for all European citizens. In the end, she evoked the organic links between the Declaration, European Convention and the Croatian Constitution and called on the students to build their legal awareness in accordance with the highest legal standards set forth in these documents.
Freedom of Expression Law Clinic is a project initiated by the University of Oxford, Media Legal Defence Initiative (London) and Garden Court Chambers (London). As a form of practical training, it enabled students of the Zagreb Law Faculty to get to know different mechanisms for protection of the right to freedom of expression, in particular those of the United Nations, by analysing cases related to violations of the freedom of expression of journalists who petitioned to the UN bodies.


back