Constitutional Court of the Republic of Croatia Ustavni sud Republike Hrvatske | |
---|---|
Established | 15 February 1964 (in SR Croatia) [1] 25 July 1990 (in Croatia) [1] |
Jurisdiction | Croatia |
Location | St. Mark's Square, Zagreb |
Composition method | Elected by the Croatian Parliament with qualified majority |
Authorised by | Constitution of the Republic of Croatia |
Judge term length | Eight years (renewable once) |
Number of positions | 13 |
Website | usud.hr |
President of the Constitutional Court | |
Currently | Miroslav Šeparović since 13 June 2016 |
The Constitutional Court of the Republic of Croatia (Croatian : Ustavni sud Republike Hrvatske) is an institution that acts as the interpreter and guardian of the Croatian Constitution and which monitors the conformity of laws with the Constitution as well as protection of human rights and freedoms of citizens that are guaranteed by the Constitution. It is considered to be de facto the highest judicial authority because it can overturn Supreme Court decisions on the basis of constitutional breaches. It is not considered as being part of the judicial branch of government, but rather a court sui generis , and it is therefore often colloquially referred to as a "fourth branch of government", alongside the traditional model of tripartite separation of powers into the executive (Government/President of the Republic), legislative (Parliament) and judicial (Supreme Court) branches. [2] [3]
According to the Articles 126–132 of the Croatian Constitution, Constitutional Court shall: [4]
Act of Supplements and Alterations to the Law on Public Gathering stipulated that no public gatherings could be held within 100 meters of buildings in which the Croatian Parliament, President of Republic, the Croatian Government or the Constitutional Court are located or are in session (the Parliament, Government and the Court are all located at St. Mark's Square) On July 6, 2011, Constitutional Court ruled that this law, which restricts a Constitutional liberty – the right to free gathering, was not passed by the majority necessary to override the Constitution on that matter. The Court's decision was that the law shall be put out of effect at a date specified by the Court. The Court also provided Parliament with the necessary number of representatives which must confirm the Act to make it legitimate. [5]
On November 14, 2013, Constitutional Court in a 13–0 statement sent to the State Election Commission stated that there is no constitutional obstacle to hold a 2013 referendum on defining marriage as a union between men and a woman, in the same time pointing out that the referendum revealed numerous problems in the Referendum law and opened a number of legal questions that required answers. [6] Nevertheless, the Court stressed that decision on the referendum was passed by a majority of 104 MPs and that since it was made with more votes than the majority needed to even change the Constitution itself, the referendum should be held. In addition, the Court asked Croatian Parliament to "provide a stable regulatory framework of the referendum process that meets the standards of a democratic society as soon as possible". [7] The Court also decided that "any amendments to the Constitution which would define marriage as being union between a man and a woman should not have any effect on the further development of the legal framework of the institution of same-sex unions in accordance with the constitutional requirement that everyone in Croatia has the right to be respected and right of legal protection of their personal and family life and human dignity". The Court pointed out that it had never received any request or proposal to review the constitutionality of the provisions of the Family Law that regulated marriage as a union between a man and woman, or provisions of the Law on Same-Sex Unions. The Court therefore considered that the referendum on the definition of marriage is not a referendum on the right to respect for family life, because it is constitutionally guaranteed to all persons, regardless of sex and gender, and is under the direct protection of both, the Constitutional Court itself and the European Court of Human Rights. In conclusion, the Court warned that "incorporation of legal institutes in the constitution shouldn't become a systemic phenomenon" and that exceptional individual cases must be justified by being connected, for example, with deep-rooted social and cultural characteristics of the society. [8]
On February 21, 2017, Constitutional Court announced that it held in a 12–1 [9] decision that it won't accept constitutional complaints submitted by the conservative NGO's Croatian Movement for Life and Family (in 1991) and In the Name of the Family (in 2010) to review conformity of the 1978 Law on Health Measures for the Realization of the Right to Freely Decide on Childbirth with the Constitution. [6] While presenting the decision, Chief Justice Miroslav Šeparović stated that abortion was a controversial and a deep moral, philosophical, legal and medical issue about which there was no consensus and which therefore causes serious divisions in many societies, adding that the question on when life begins was not for the Court since it can only answer questions of legislation. [10] According to Court's decision, it recognized constitutionally guaranteed value of unborn being and not its right to life but rather public interest of the state to protect it. The Court considered that abortion as a constitutional or a human right doesn't exist. According to the Court, the right of privacy of women, which includes the right of freedom, dignity and the protection of family and private life, exists, which gives woman autonomy to a certain period (in Croatia 10 weeks after conception) during which woman can freely decide whether she wants to give birth or not, but after that period of time birth becomes public interest which protects the right to life of the unborn. [11] With this decision, the Court obligated the Croatian Parliament to enact new law within two years and has warned it to take into account the fact that existing law contains certain institutions that no longer exist in the Croatian constitutional order (since the Law is based on the 1974 Yugoslav Constitution) and that the adoption of the 1990 Croatian Constitution built a brand new legal and institutional framework of health, social, scientific and educational system. [12] New law should determine the educational and preventive measures "so that abortion should be an exception". [13] In sole dissenting opinion, Judge Miroslav Šumanović, among other things, stated that the 1978 Law should be formally and substantially aligned with the Constitution, abolished with a deferment effect, that the new one should be enacted, and that it is the duty of the state to protect the right to live of the unborn being. [13] Following Court's decision, the Croatian Parliament is permanently banned from enacting a law which would effectively ban abortion.
The Constitutional Court consists of thirteen judges elected by the Croatian Parliament with qualified majority (101 out of 151) for a term of eight years from among notable jurists, especially judges, public prosecutors, lawyers and university professors of law. The Court elects its own President for a term of four years. Before they take the office, judges must take an oath in front of the President of the Republic.
Following table contains names of sitting justices as of 11 October 2017 when the last appointments occurred.
In office since | Full name | Position | Term due to end |
---|---|---|---|
14 April 2009 | Miroslav Šeparović | President | 11 October 2025 |
7 December 2007 | Snježana Bagić | Vice-President | 7 December 2023 |
7 June 2016 | Ingrid Antičević-Marinović | Justice | 7 June 2024 |
21 July 2009 | Mato Arlović | Justice | 11 October 2025 |
7 June 2016 | Branko Brkić | Justice | 7 June 2024 |
27 May 2008 | Mario Jelušić | Justice | 27 May 2024 |
7 June 2016 | Lovorka Kušan | Justice | 7 June 2024 |
7 June 2016 | Josip Leko | Justice | 7 June 2024 |
7 June 2016 | Davorin Mlakar | Justice | 7 June 2024 |
7 June 2016 | Rajko Mlinarić | Justice | 7 June 2024 |
11 October 2017 | Goran Selanec | Justice | 11 October 2025 |
7 June 2016 | Andrej Abramović | Justice | 7 June 2024 |
7 June 2016 | Miroslav Šumanović | Justice | 7 June 2024 |
No. | Image | Full name | Term began | Term ended | Notes |
---|---|---|---|---|---|
1. | Jadranko Crnić | 7 December 1991 | 6 December 1999 |
| |
2. | Smiljko Sokol | 7 December 1999 | 6 December 2003 |
| |
3. | Petar Klarić | 7 December 2003 | 6 December 2007 |
| |
- | Željko Potočnjak | 7 December 2007 | 12 June 2008 |
| |
4. | Jasna Omejec | 12 June 2008 | 7 June 2016 |
| |
5. | Miroslav Šeparović | 13 June 2016 | Incumbent |
|
The politics of Croatia are defined by a parliamentary, representative democratic republic framework, where the Prime Minister of Croatia is the head of government in a multi-party system. Executive power is exercised by the Government and the President of Croatia. Legislative power is vested in the Croatian Parliament. The Judiciary is independent of the executive and the legislature. The parliament adopted the current Constitution of Croatia on 22 December 1990 and decided to declare independence from Yugoslavia on 25 May 1991. The Constitutional Decision on the Sovereignty and Independence of the Republic of Croatia came into effect on 8 October 1991. The constitution has since been amended several times. The first modern parties in the country developed in the middle of the 19th century, and their agenda and appeal changed, reflecting major social changes, such as the breakup of Austria-Hungary, the Kingdom of Serbs, Croats and Slovenes, dictatorship and social upheavals in the kingdom, World War II, the establishment of Communist rule and the breakup of the SFR Yugoslavia.
The president of Croatia, officially the president of the Republic of Croatia, is the head of state, commander-in-chief of the military and chief representative of the Republic of Croatia both within the country and abroad. The president is the holder of the highest office in Croatia. However, the president is not the head of the executive branch as Croatia has a parliamentary system in which the holder of the post of prime minister is the most powerful person within the country's constitutional framework and everyday politics.
The Croatian Parliament or the Sabor is the unicameral legislature of Croatia. Under the terms of the Croatian Constitution, the Sabor represents the people and is vested with legislative power. The Sabor is composed of 151 members elected to a four-year term on the basis of direct, universal and equal suffrage by secret ballot. Seats are allocated according to the Croatian Parliament electoral districts: 140 members of the parliament are elected in multi-seat constituencies. An additional three seats are reserved for the diaspora and Croats in Bosnia and Herzegovina, while national minorities have eight places reserved in parliament. The Sabor is presided over by a Speaker, who is assisted by at least one deputy speaker.
The Constitution of the Republic of Croatia is promulgated by the Croatian Parliament.
This is the history of Croatia since the end of the Croatian War of Independence.
Croatia recognizes life partnerships for same-sex couples through the Life Partnership Act, making same-sex couples equal to married couples in almost all of its aspects. The Act also recognizes and defines unregistered same-sex relationships as informal life partners, thus making them equal to registered life partnerships after they have been cohabiting for a minimum of 3 years. Croatia first recognized same-sex couples in 2003 through a law on unregistered same-sex unions, which was later replaced by the Life Partnership Act. The Croatian Parliament passed the new law on 15 July 2014, taking effect in two stages. Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Croatia have expanded since the turn of the 21st century, especially in the 2010s and 2020s. However, LGBT people still face some legal challenges not experienced by non-LGBTQ residents. The status of same-sex relationships was first formally recognized in 2003 under a law dealing with unregistered cohabitations. As a result of a 2013 referendum, the Constitution of Croatia defines marriage solely as a union between a woman and man, effectively prohibiting same-sex marriage. Since the introduction of the Life Partnership Act in 2014, same-sex couples have effectively enjoyed rights equal to heterosexual married couples in almost all of its aspects, except adoption. In 2022, a final court judgement allowed same-sex adoption under the same conditions as for mixed-sex couples. Same-sex couples in Croatia can also apply for foster care since 2020. Croatian law forbids all discrimination on the grounds of sexual orientation, gender identity, and gender expression in all civil and state matters; any such identity is considered a private matter, and such information gathering for any purpose is forbidden as well.
Za dom spremni! was a salute used during World War II by the Croatian Ustaše movement. It was the Ustaše equivalent of the fascist or Nazi salute Sieg Heil.
The Constitutional Court of the Czech Republic is the supreme constitutional court in the Czech Republic and the de facto highest and most powerful court in the land.
The Croatian Parliament electoral districts are the special territorial subdivision of Croatia used for the country's parliamentary elections.
A referendum on the EU accession of the Republic of Croatia was held on 22 January 2012. Croatia finished accession (membership) negotiations on 30 June 2011 and signed the Treaty of Accession on 9 December 2011, setting it on course to become the bloc's 28th member state. The Constitution of Croatia requires that a binding referendum be held on any political union reducing national sovereignty, such as via European Union membership. On 23 December 2011 the Croatian Parliament made a preliminary decision on EU accession and determined that the referendum would be held on 22 January 2012. The 2012 Croatian EU accession referendum was the first referendum held in Croatia since the Croatian independence referendum held more than 20 years earlier, in 1991.
Abortionin Croatia has been a regulated medical operation since 1952, subject to various restrictions. According to present law, abortion can be performed as an elective procedure until 10 weeks following conception, and in specific circumstances afterwards.
A constitutional referendum was held in Croatia on 1 December 2013. The proposed amendment to the constitution would define marriage as being a union between a man and a woman, which would create a constitutional prohibition against same-sex marriage. 38% of eligible voters voted. After processing all of the ballots, the State Election Commission announced that 66% voted yes, 34% no, while and 1% of ballots were disregarded as invalid.
The judiciary of Croatia is a branch of the Government of Croatia that interprets and applies the laws of Croatia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Croatia is a civil law system, historically influenced by Austrian, Hungarian and Yugoslav law, but during the accession of Croatia to the European Union, the legal system was almost completely harmonised with European Union law. The Constitution of Croatia provides for an independent judiciary, led by a Supreme Court and a Constitutional Court. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. It also administers the prison system.
The Constitutional Act on the Rights of National Minorities in the Republic of Croatia is a constitutional law that defines and guarantees the rights of national minorities within the Republic of Croatia. It is one of three Constitutional Acts in the Croatian legal framework, the others being the Constitutional Act on the Implementation of the Constitution of Croatia and the Constitutional Act on the Constitutional Court of Croatia. The current version of the Act was enacted on 23 December 2002, following amendments to its predecessor, the Constitutional Act on National and Ethnic Communities or Minorities, originally adopted in December 1991.
Robert Podolnjak is a Croatian associate professor of constitutional law and politician who served as chairman of the Croatian Parliament's Committee on the Constitution, Standing Orders and Political System between January 2016 and June 2017. Podolnjak was elected to the Croatian Parliament at the 2015 and 2016 parliamentary elections as representative for III electoral district. He is member of the Bridge of Independent Lists party.
Mato Arlović is a Croatian lawyer and former politician who has been Associate Justice of the Constitutional Court of Croatia since 21 July 2009, had previously served five consecutive terms as a member of the Croatian Parliament between 1990 and 2007 for the center-left Social Democratic Party of Croatia.
Jadranko Crnić (1928-2008) was a Croatian lawyer who served as the 1st President of the Constitutional Court of Croatia between 1991 and 1999 and president of the Croatian Red Cross.
The Government of Croatia and the Holy See have signed four bilateral agreements and a protocol. Although the agreements proved controversial owing to great one-time and continuous financial and other burdens the agreements put on the Croatian state, no government of Croatia ever attempted to amend them. From the perspective of international law, these agreements may be seen as unjust to Croatia because of putting obligations chiefly on the Croatian state, but not on the Holy See.
The Croatian Sovereignists are a conservative and Christian right-wing political party in Croatia. The party was founded in 2019 and is led by Marijan Pavliček.
{{cite web}}
: CS1 maint: archived copy as title (link){{cite web}}
: CS1 maint: numeric names: authors list (link){{cite web}}
: CS1 maint: numeric names: authors list (link)