Croatian Constitutional Court
Encyclopedia
Constitutional Court of the Republic of Croatia is the interpreter and guardian of the Croatian Constitution and considered the highest judicial authority de facto
, because it can overturn Supreme Court
decisions on the basis of constitutional breaches. It is not considered as part of the judicial branch but a court sui generis
.
The Constitutional Court of the Republic of Croatia shall repeal a law if it finds it to be unconstitutional.
The Constitutional Court of the Republic of Croatia shall repeal or annul any other regulation if it finds it to be unconstitutional or illegal.
It decides on constitutional complaints against the individual decisions of governmental bodies, bodies of local and regional self-government and legal entities with public authority, when these decisions violate human rights and fundamental freedoms, as well as the right to local and regional self-government.
Constitutional Court also observes the realization of constitutionality and legality and notify the Croatian Parliament on the instances of unconstitutionality and illegality observed, as well as decides on jurisdictional disputes between the legislative, executive and judicial branches.
The Court decides on the impeachment of the President of the Republic, supervises the constitutionality of the programs and activities of political parties and may ban their work, and supervises the constitutionality and legality of elections and national referendum, and decide on the electoral disputes which are not within the jurisdiction of courts.
, the Government or the Constitutional Court are located or are in session (the Parliament, Government and Const. Court are all located at Zagreb's St. Mark's square
)
The 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 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.
.
Composition :
Former presidents:
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
, because it can overturn Supreme Court
Croatian Supreme Court
The Supreme Court of the Republic of Croatia is a highest court and it ensures the uniform application of laws and equal justice to all.-Judicial system:...
decisions on the basis of constitutional breaches. It is not considered as part of the judicial branch but a court sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....
.
Powers and responsibilities
Its main task is to decide on the conformity of laws with the Constitution and other regulations with the Constitution and laws as defined in Article 130 of the Croatian Constitution:The Constitutional Court of the Republic of Croatia shall repeal a law if it finds it to be unconstitutional.
The Constitutional Court of the Republic of Croatia shall repeal or annul any other regulation if it finds it to be unconstitutional or illegal.
It decides on constitutional complaints against the individual decisions of governmental bodies, bodies of local and regional self-government and legal entities with public authority, when these decisions violate human rights and fundamental freedoms, as well as the right to local and regional self-government.
Constitutional Court also observes the realization of constitutionality and legality and notify the Croatian Parliament on the instances of unconstitutionality and illegality observed, as well as decides on jurisdictional disputes between the legislative, executive and judicial branches.
The Court decides on the impeachment of the President of the Republic, supervises the constitutionality of the programs and activities of political parties and may ban their work, and supervises the constitutionality and legality of elections and national referendum, and decide on the electoral disputes which are not within the jurisdiction of courts.
Recent influence
A recent ruling by the Constitutional Court was on the legitimacy of the Act of Supplements and Alterations to the Law on Public Gathering (Zakon o izmjenama i dopunama zakona o javnom okupljanju) which added an order that no public gatherings could be held within 100 meters of buildings in which the Sabor, PresidentPresident of Croatia
The President of Croatia , officially styled the President of the Republic represents the Republic of Croatia in the country and abroad as the head of state, maintains the regular and coordinated operation and stability of the national government system, and safeguards the independence and...
, the Government or the Constitutional Court are located or are in session (the Parliament, Government and Const. Court are all located at Zagreb's St. Mark's square
St. Mark's Square, Zagreb
St. Mark's Square is a square located in the old part of Zagreb, Croatia, called Gradec or Gornji grad .In the center of square is located St. Mark's Church. The square also sports important governmental buildings: Banski dvori , Croatian Parliament and Constitutional Court of Croatia. On the...
)
The 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 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.
Composition
The Constitutional Court consists of thirteen judges elected by the Croatian Parliament for a term of eight years from among notable jurists, especially judges, public prosecutors, lawyers and university professors of law and elects its President for a term of four years. Before they take the office, judges must take an oath in front of the President of the RepublicPresident of Croatia
The President of Croatia , officially styled the President of the Republic represents the Republic of Croatia in the country and abroad as the head of state, maintains the regular and coordinated operation and stability of the national government system, and safeguards the independence and...
.
Composition :
- Jasna Omejec, PhD - President
- Aldo Radolović, PhD - Deputy president
- Mato Arlović, MSc
- Marko Babić, PhD
- Snježana Bagić
- Slavica Banić
- Mario Jelušić, PhD
- Davor Krapac, PhD
- Ivan Matija, PhD
- Antun Palarić
- Duška Šarin, PhD
- Miroslav Šeparović
- Nevenka Šernhorst, MSc
Former presidents:
- (1991–1999) Jadranko Crnić, PhD
- (1999–2003) Smiljko Sokol, PhD
- (2003–2007) Petar Klarić, PhD
- (2007–2008) Željko Potočnjak, PhD
See also
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- JurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- JudiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...