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

 



Verzija za ispis 
JURISDICTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA




The fundamental provisions concerning the jurisdiction of the Constitutional Court of the Republic of Croatia are contained in Chapter V (Articles 125 to 131) entitled "The Constitutional Court of the Republic of Croatia", and in Articles 6, 88, 94, 96, 104, 105 and 122 of the Constitution of the Republic of Croatia.

The jurisdiction of the Constitutional Court, as stipulated by the Constitution, is elaborated in the Constitutional Act of the Constitutional Court of the Republic of Croatia, which is passed in accordance with the procedure determined for amending the Constitution.

In accordance with the Constitution of the Republic of Croatia, the Constitutional Court:

decides on the conformity of laws with the Constitution - the Constitutional Court will repeal a law (or its separate provisions) if it finds that it is not in accordance with the Constitution.See Chapter IV (Articles 35 to 61) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

decides on the conformity of other regulations with the Constitution and law - the Constitutional Court will repeal or annul a regulation (or its separate provisions) if it finds that it is not in accordance with the Constitution or the law. See Chapter IV (Articles 35 to 61) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

may review the constitutionality of a law, and the constitutionality and legality of other rules and regulations which have lost legal force, if no more than a year has elapsed between the date when they went out of force and the date when the request or proposal to initiate the proceedings was lodged - and if the Constitutional Court establishes that the law is not in accordance with the Constitution, or that another regulation is not in accordance with the Constitution and the law, it will pass a decision declaring the unconstitutionality or illegality. See Article 56 of the Constitutional Act on the Constitutional Court of the Republic of Croatia

decides on constitutional complaints against the individual decisions of state bodies, bodies of local and regional self-government and legal persons with public authority, when these decisions violate human rights and fundamental freedoms, as well as the right to local and regional self-government guaranteed by the Constitution. See Chapter V (Articles 62 to 80) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

observes the realization of constitutionality and legality and notifies the Croatian Parliament about instances of unconstitutionality and illegality observed. See Chapter XI (Article 104) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

decides jurisdictional disputes between the legislative, executive and judicial branches See Chapter VI (Articles 81 and 82) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

decides on the impeachment of the President of the Republic - the President of the Republic is impeachable for any violation of the Constitution that he/she committed in the performance of his/her duties. Proceedings for the impeachment of the President may be instituted by the Croatian Parliament by a two-thirds majority vote of all representatives. The impeachment of the President of the Republic is decided upon by the Constitutional Court by a two-thirds majority vote of all the judges. The Constitutional Court has to decide upon the impeachment of the President of the Republic during the term of 30 days from the day when the proposal to impeach the President for violation of the Constitution was submitted. If the Constitutional Court sustains the impeachment, the duty of the President of the Republic ceases by force of the Constitution. See Chapter VII (Articles 83 and 84) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

supervises the constitutionality of the programs and activities of political parties - political parties, which by their program or violent activities aim to disrupt the free democratic order or endanger the existence of the Republic of Croatia, are unconstitutional. The decision on unconstitutionality is rendered by the Constitutional Court, which may, in accordance with the Constitution, ban their work. See Chapter VIII (Articles 85 and 86) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

supervises the constitutionality and legality of elections and national referenda, and decides on the electoral disputes that are not within the jurisdiction of courts See Chapter IX (Articles 87 to 96) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

has supervisory control over passing regulations for executing the Constitution, laws and other regulations - if the Constitutional Court finds that the competent body has not issued a rule or a regulation needed for the application of the Constitution, law or other regulations, and was obliged to issue such a regulation, it will notify the Government thereof, while the Croatian Parliament will be notified about the regulations that the Government was obliged to enact. See Chapter XII (Article 105) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

decides on appeal against the decision to relieve a judge of office, and the decision about the disciplinary responsibility of a judge - a judge has the right to appeal to the Constitutional Court against the decision of the National Judicial Council on being relieved of his/her duty within the term of 15 days from the day when the decision was delivered, and the Constitutional Court has to decide on the appeal in the term of 30 days from the date when the appeal was filed, in the way and by the procedure laid down in the Constitutional Act on the Constitutional Court of the Republic of Croatia. The Constitutional Court decision on the appeals of judges exclude the right to lodge a constitutional complaint. See Chapter X (Articles 97 to 102) of the Constitutional Act on the Constitutional Court of the Republic of Croatia

Before assuming duty, the President of the Republic of Croatia takes a solemn oath before the President of the Constitutional Court, swearing loyalty to the Constitution. See Article 94 of the Constitution of the Republic of Croatia

on the proposal of the Government, decides that the President of the Croatian Parliament shall assume the duty of the temporary President of the Republic - in cases when the President of the Republic is prevented from performing his duties for a longer period of time, because of illness or inability, and particularly if he/she is unable to decide on entrusting his/her duties to a temporary substitute, the President of the Croatian Parliament shall assume the duty of temporary President of the Republic upon the decision of the Constitutional Court. The Constitutional Court shall decide thereof on the proposal of the Government. See Article 96 of the Constitution of the Republic of Croatia


 

In accordance with the Constitutional Act of the Constitutional Court of the Republic of Croatia, the Constitutional Court:

at the request of the Croatian Parliament, in the case when ten percent of the total number of voters in the Republic of Croatia request calling a referendum, the Constitutional Court shall establish whether the referendum question is in accordance with the Constitution, and whether the requirements prescribed by the Constitution for calling the referendum have been met. The Constitutional Court is obliged to pass the decision within the term of 30 days after the request was filed. See Article 95 of the Constitutional Act on the Constitutional Court of the Republic of Croatia


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