Adopted in: Dec ۱۹۹۰
Last Amendment on: ۲ April ۲۰۰۱
Chapter I Historical Foundations
[Preamble]
The millenary identity of the Croatia nation and the continuity of its
statehood٫ confirmed by the course of its entire historical experience within
different forms of states and by the preservation and growth of the idea of a
national state٫ founded on the historical right of the Croatian nation to full
sovereignty٫ manifested in:
-–- the formation of Croatian principalities in the seventh century;
-–- the independent mediaeval state of Croatia founded in the ninth century;
-–- the Kingdom of Croats established in the tenth century;
-–- the preservation of the identity of the Croatian state in the
Croatian-Hungarian personal unionnn;
-–- the independent and sovereign decision of the Croatian Parliament
(Sabor) of ۱۵۲۷ to elect a king from the Habsburg dynasty;
-–- the independent and sovereign decision of the Croatian Parliament of the
Pragmatic Sanction of ۱۷۱۲;
-–- the conclusions of the Croatian Parliament of ۱۸۴۸ regarding the
restoration of the Triune Kingdom of Croatia under the authority of the Banus
grounded on the historical٫ national and natural right of the Croatian nation;
-–- the Croatian-Hungarian Compromise of ۱۸۶۸ on the relations between the
Kingdom of Dalmatia٫ Croatia and Slavonia and the Kingdom of Hungary٫ grounded
on the legal traditions of both states and the Pragmatic Sanction of ۱۷۱۲;
-–- the decision of the Croatian Parliament of ۲۹ October ۱۹۱۸ to dissolve
state relations between Croatia and Austria-Hungary and the simultaneous
affiliation of independent Croatia٫ invoking its historical and natural right
as a nation٫ with the state of Slovenes٫ Croats and Serbs٫ proclaimed on the
former territory of the Habsburg Monarchy;
-–- the fact that the Croatian Parliament had never sanctioned the decision
of the National Council of the State of Slovenes٫ Croats and Serbs to unite
with Serbia and Montenegro in the Kingdom of Serbs٫ Croats and Slovenes (۱
December ۱۹۱۸)٫ subsequently (۳ October ۱۹۲۹) proclaimed the Kingdom of
Yugoslavia;
-–- the establishment of the Home Rule (Banovina) of Croatia in ۱۹۳۹٫ by
which Croatian state identity was restored within the Kingdom of Yugoslavia٫
-–- establishing the foundations of state sovereignty during the course of
the Second World War٫ by the decisions of the Antifascist Council of National
Liberation of Croatia (۱۹۴۳)٫ as opposed to the proclamation of the Independent
State of Croatia (۱۹۴۱)٫ and subsequently in the Constitution of the
People”s Republic of Croatia (۱۹۴۷) and all later constitutions of the
Socialist Republic of Croatia (۱۹۶۳-۱۹۹۰)٫ on the threshold of the historical
changes٫ marked by the collapse of the communist system and changes in the
European international order٫ the Croatian nation by its freely expressed will
at the first democratic elections (۱۹۹۰) reaffirmed its millenniary statehood.
By the new Constitution of the Republic of Croatia (۱۹۹۰) and the victory in
the Homeland War (۱۹۹۱-۱۹۹۵)٫ the Croatian nation demonstrated its will and
determination to establish and defend the Republic of Croatia as a free٫
independent٫ sovereign and democratic state.
Considering the presented historical facts and universally accepted principles
of the modern world٫ as well as the inalienabile and indivisible٫
non-transferable and non-exhaustible right of the Croatian nation to
self-determination and state sovereignty٫ including its fully maintained right
to secession and association٫ as basic provisions for peace and stability of
the international order٫ the Republic of Croatia is established as the national
state of the Croatian nation and the state of the members of autochthonous
national minorities: Serbs٫ Czechs٫ Slovaks٫ Italians٫ Hungarians٫ Jews٫
Germans٫ Austrians٫ Ukrainians and Ruthenians and the others who are citizens٫
and who are guaranteed equality with citizens of Croatian nationality and the
realization of national rights in accordance with the democratic norms of the
United Nations Organization and the countries of the free world.
Respecting the will of the Croatian nation and all citizens٫ resolutely
expressed in the free elections٫ the Republic of Croatia is hereby founded and
shall develop as a sovereign and democratic state in which equality٫ freedoms
and human rights are guaranteed and ensured٫ and their economic and cultural
progress and social welfare promoted.
Chapter II Basic Provisions
Article ۱ [State Principles]
(۱) The Republic of Croatia is a unitary and indivisible democratic and social
state.
(۲) Power in the Republic of Croatia derives from the people and belongs to the
people as a community of free and equal citizens.
(۳) The people shall exercise this power through the election of
representatives and through direct decision-making.
Article ۲ [Sovereignty]
(۱) The sovereignty of the Republic of Croatia is inalienable٫ indivisible and
untransferable.
(۲) The sovereignty of the Republic of Croatia includes its land area٫ rivers٫
lakes٫ canals٫ internal maritime waters٫ territorial sea٫ and the air space
above these.
(۳) The Republic of Croatia shall exercise its sovereign rights and
jurisdiction in the maritime areas and the seabed and subsoil thereof of the
Adriatic Sea outside the state territory up to the borders with its neighbors
in accordance with international law.
(۴) The Croatian Parliament (Sabor) or the people directly shall٫ independently
and in accordance with the Constitution and law٫ decide:
-–- on the regulation of economic٫ legal and political relations in the
Republic of Croatia
-–- on the preservation of natural and cultural wealth and its utilization
-–- on association into alliances with other states.
(۵) The Republic of Croatia may conclude alliances with other states٫ retaining
its sovereign right to decide on the powers to be delegated and the right
freely to withdraw from such associations.
Article ۳ [State Values]
Freedom٫ equal rights٫ national equality and equality of genders٫ love of
peace٫ social justice٫ respect for human rights٫ inviolability of ownership٫
conservation of nature and the environment٫ the rule of law٫ and a democratic
multiparty system are the highest values of the constitutional order of the
Republic of Croatia and the ground for interpretation of the Constitution.
Article ۴ [State Powers]
(۱) In the Republic of Croatia government shall be organized on the principle
of separation of powers into the legislative٫ execccutive and judicial
branches٫ but limited by the right to local and regional self-government
guaranteed by this Constitution.
(۲) The principle of separation of powers includes the forms of mutual
cooperation and reciprocal checks and balances provided by the Constitution and
law.
Article ۵ [Rule of Law]
(۱) In the Republic of Croatia laws shall conform with the Constitution٫ and
other rules and regulations shall conform with the Constitution and law.
(۲) Everyone shall abide by the Constitution and law and respect the legal
order of the Republic of Croatia.
Article ۶ [Political Parties]
(۱) Formation of political parties is free.
(۲) Internal organization of political parties shall be in accordance with the
fundamental constitutional democratic principles.
Parties shall publicize the accounts on sources of their assets and property.
(۳) Political parties which by their programs or violent activities aim to
demolish the free democratic order endanger the existence of the Republic of
Croatia are unconstitutional. The decision on unconstitutionality shall be made
by the Constitutional Court of the Republic of Croatia.
(۴) The status and financing of political parties shall be regulated by law.
Article ۷ [Armed Forces]
(۱) The armed forces of the Republic of Croatia shall protect its sovereignty
and independence and defend its territorial integrity.
(۲) The armed forces of the Republic of Croatia may cross its borders or act
over its borders only upon a prior decision of the Croatian Parliament.
(۳) The armed forces may cross the borders of the Republic of Croatia without a
prior decision of the Croatian Parliament for the purposes of exercises within
the international defense organizations which the Republic of Croatia has
joined or joins٫ and in order to offer humanitarian aid.
(۴) In the circumstances provided by Articles ۱۷ and ۱۰۰ of the Constitution٫
the armed forces may٫ if the nature of jeopardy demands so٫ be used as
assistance to police and other governmental bodies.
(۵) Organization of defense٫ command٫ administration and democratic control
over the armed forces of the Republic of Croatia shall be regulated by this
Constitution and law.
Article ۸ [Borders]
The borders of the Republic of Croatia may only be altered by a decision of the
Croatian Parliament.
Article ۹ [Citizenship]
(۱) Croatian citizenship٫ its acquisition and termination shall be regulated by
law.
(۲) No Croatian citizen shall be exiled from the Republic of Croatia or
deprived of citizenship٫ nor extradited to another state.
Article ۱۰ [Citzens Abroad]
The Republic of Croatia shall protect the rights and interests of its citizens
living or residing abroad٫ and shall promote their links with the homeland.
Parts of the Croatian nation in other states shall be guaranteed special
concern and protection by the Republic of Croatia.
Article ۱۱ [State Symbols]
(۱) The coat-of-arms of the Republic of Croatia is the historic Croatian
coat-of-arms whose base consists of ۲۵ alternating red and white (argent)
fields.
(۲) The flag of the Republic of Croatia consists of three colors: red٫ white
and blue٫ with the historic Croatian coat-of-arms in the center.
(۳) The anthem of the Republic of Croatia is “Our Beautiful Homeland” (Lijepa
na’۹aa domovino).
(۴) The descriptttion of the historic Croatian coat-of-arms and flag٫ the text
of the anthem٫ and the use of these and other state symbols shall be regulated
by law.
Article ۱۲ [State Language]
(۱) The Croatian language and the Latin scripttt shall be in official use in
the Republic of Croatia.
(۲) In individual local units٫ another language and the Cyrillic or some other
scripttt may be introduced into official use along with the Croatian language
and the Latin scripttt under conditions specified by law.
Article ۱۳ [Capital: Zagreb]
(۱) The capital of the Republic of Croatia is Zagreb.
(۲) Status٫ jurisdiction and organization of the capital city of Zagreb shall
be regulated by law.
Chapter III Protection of Human Rights and Fundamental Freedoms
Part ۱ General Provisions
Article ۱۴ [Equality]
(۱) Everyone in the Republic of Croatia shall enjoy rights and freedoms٫
regardless of race٫ color٫ gender٫ language٫ religion٫ political or other
belief٫ national or social origin٫ property٫ birth٫ education٫ social status or
other charrracteristics.
(۲) All shall be equal before the law.
Article ۱۵ [Rights of Foreigners٫ Cultural Rights]
(۱) Members of all national minorities shall have equal rights in the Republic
of Croatia.
(۲) Equality and protection of the rights of national minorities shall be
regulated by the Constitutional Act which shall be adopted in the procedure
provided for the organic law.
(۳) Besides the general electoral right٫ the special right of the members of
national minorities to elect their representatives into the Croatian Parliament
may be provided by law.
(۴) Members of all national minorities shall be guaranteed freedom to express
their nationality٫ freedom to use their language and scripttt٫ and cultural
autonomy.
Article ۱۶ [Rule of Law٫ Restrictions]
(۱) Freedoms and rights may only be restricted by law in order to protect
freedoms and rights of others٫ public order٫ public morality and health.
(۲) Every restriction of freedoms or rights shall be proportional to the nature
of the necessity for restriction in each individual case.
Article ۱۷ [Special Restrictions in State of Emergency]
(۱) During a state of war or an immediate threat to the independence and unity
of the State٫ or in the event of severe natural disasters٫ individual freedoms
and rights guaranteed by the Constitution may be restricted. This shall be
decided by the Croatian Parliament by a two-thirds majority of all members or٫
if the Croatian Parliament is unable to meet٫ at the proposal of the Government
and upon the counter-signature of the Prime Minister٫ by the President of the
Republic.
(۲) The extend of such restrictions shall be adequate to the nature of the
danger٫ and may not result in the inequality of persons in respect of race٫
color٫ gender٫ language٫ religion٫ national or social origin.
(۳) Not even in the case of an immediate threat to the existence of the State
may restrictions be imposed on the application of the provisions of this
Constitution concerning the right to life٫ prohibition of torture٫ cruel or
degrading treatment or punishment٫ on the legal definitions of penal offenses
and punishments٫ or on freedom of thought٫ conscience and religion.
Article ۱۸ [Right to Appeal٫ Access to Courts]
(۱) The right to appeal against the first instance decisions made by courts or
other authorities shall be guaranteed.
(۲) The right to appeal may exceptionally be excluded in cases specified by
law٫ if other legal remedies are ensured.
Article ۱۹ [Rule of Law in Public Administration]
(۱) Individual decisions of administrative agencies and other bodies vested
with pubic authority shall be grounded on law.
(۲) Judicial review of decisions made by administrative agencies and other
bodies vested with public authority shall be guaranteed.
Article ۲۰ [Personal Liability]
Anyone who violates the provisions of the Constitution concerning the human
rights and fundamental freedoms shall be held personally responsible and may
not be exculpated by invoking a superior order.
Part ۲ Personal and Political Freedoms and Rights
Article ۲۱ [Life٫ No Capital Punishment]
(۱) Every human being has the right to life.
(۲) In the Republic of Croatia there shall be no capital punishment.
Article ۲۲ [Personal Liberty]
(۱) Freedom and personality of everyone shall be inviolable.
(۲) No one shall be deprived of liberty٫ nor may his liberty be restricted٫
except upon a court decision in accordance with law.
Article ۲۳ [Personal Integrity٫ No Forced Labor]
(۱) No one shall be subjected to any form of maltreatment or٫ without his
consent٫ to medical or scientific experimentation.
(۲) Forced and compulsory labor shall be forbidden.
Article ۲۴ [Arrest]
(۱) No one shall be arrested or detained without a court warrant. Such a
warrant shall be read and served on the person being arrested.
(۲) The police may arrest a person without a warrant when the person is
reasonably suspected of havinggg committed a serious criminal offence defined
by law. The arrested person shall be promptly informed٫ in understandable
terms٫ of the reasons for the arrest and of his rights determined by law.
(۳) Any person arrested or detained shall have the right to take proceedings
before a court٫ which shall decide without delay on the legality of the arrest.
Article ۲۵ [Conditions of Arrest]
(۱) All arrested and convicted persons shall be treated humanely and their
dignity shall be respected.
(۲) Anyone who is detained and accused of a criminal offence shall have the
right to be brought before the court within the shortest term specified by law
and to be acquitted or sentenced within the statutory term.
(۳) A detainee may be released on legal bail to defend himself.
(۴) Any person who has been illegally deprived of liberty or convicted shall٫
in conformity with law٫ be entitled to damages and a public apology.
Article ۲۶ [Equality Before the Powers]
(۱) All citizens of the Republic of Croatia and aliens shall be equal before
the courts٫ government bodies and other bodies vested with pubic authority.
Article ۲۷ [Legal Aid of the Bar]
The Bar٫ as an autonomous and independent service٫ shall provide everyone with
legal aid٫ in conformity with law.
Article ۲۸ [Presumption of Innocence]
Everyone shall be presumed innocent and my not be considered guilty of a
criminal offence until his guilt has been proved by a final court judgment.
Article ۲۹ [Defense٫ Illegal Evidence]
(۱) Everyone shall have the right to the independent and fair trial provided by
law which shall٫ within a reasonable term٫ decide upon his rights and
obligations٫ or upon the suspicion or the charrrge of a penal offence.
(۲) In the case of suspicion or accusation for a penal offence٫ the suspected٫
accused or prosecuted person shall have the right:
-–- to be informed in detail٫ and in the language he understands٫ within the
shortest possible term٫ of the nature and reasons for the charrrges against
him and of the evidence incriminating him٫
-–- to have adequate time and opportunity to prepare his defense٫
-–- to a defense counsel and free communication with him٫ and to be informed
of this right٫
-–- to defend himself in person or with the assistance of a defense counsel
of his own choice٫ and if he lacks resources to engage a counsel٫ to have a
free counsel under the terms specified by law٫
-–- to be tried in his presence if he is accessible to the court٫
(۳) – to interrogate or have the prosecution witnesses interrogated and to
demand the presence and hearing of the defense witnesses under the same
circumstances as for the witnesses for the prosecution٫
-–- to free assistance of an interpreter if he does not understand the
language used in the court.
(۴) The suspected٫ accused and prosecuted person shall not be forced to confess
his guilt.
(۵) Evidence illegally obtained shall not be admitted in court proceedings.
(۶) Criminal proceedings shall only be initiated before the court of justice
upon the demand of an authorized prosecutor.
Article ۳۰ [Loss of Rights as a Penulty]
The sentence for a serious and exceptionally dishonorable criminal offence may٫
in conformity with law٫ have as a consequence the loss of acquired rights or a
ban on acquiring٫ for a specific period of time٫ certain rights relating to the
conduct of specific affairs٫ if this is required for the protection of the
legal order.
Article ۳۱ [nulla poena sine lege٫ double jeopardy]
(۱) No one shall be punished for an act which before its commission was not
defined as a punishable offence by law or international law٫ nor he may be
sentenced to a penalty which was not defined by law. If a less severe penalty
is determined by law after the commission of an act٫ such penalty shall be
imposed.
(۲) No one may be tried anew nor punished in criminal proceedings for an act
for which he has already been acquitted or sentenced by a final court judgment
in accordance with law.
(۳) The cases and reasons for the renewal of court proceedings under section ۲
of this Article may be provided only by law٫ in accordance with the
Constitution and an international agreement.
Article ۳۲ [Move٫ Residence٫ Leave٫ Return]
(۱) Anyone lawfully within the territory of the Republic of Croatia shall enjoy
the liberty of movement and freedom to choose his residence.
(۲) Every citizen of the Republic of Croatia shall have the right to leave the
State territory at any time and settle abroad permanently or temporarily٫ and
to return to his homeland at any time.
(۳) The liberty of movement within the Republic of Croatia and the right to
enter or leave it may exceptionally be restricted by law٫ if this is necessary
to protect the legal order٫ or health٫ rights and freedoms of others.
Article ۳۳ [Asylum]
(۱) Foreign citizens and stateless persons may obtain asylum in the Republic of
Croatia٫ unless they are prosecuted for non-political crimes and activities
contrary to the basic principles of international law.
(۲) No alien lawfully within the territory of the Republic of Croatia shall be
expelled or extradited to another state٫ except in pursuance of a decision made
in accordance with a treaty and law.
Article ۳۴ [Home٫ Search]
(۱) Homes shall be inviolable.
(۲) Only a court may order the search of a home or other premises٫ issuing a
warrant with the statement of reasons٫ in conformity with law.
(۳) The tenant or his representative shall have the right to be present at the
search of his home or other premises in the compulsory presence of two
witnesses.
(۴) Under the conditions provided by law٫ the police authorities may enter a
person”s home or premises and carry out a search in the absence of witnesses
even without a court warrant or consent of the tenant٫ if this is indispensable
to enforce an arrest warrant or to apprehend the offender٫ or to prevent
serious danger to life and health of people or major property.
(۵) A search aimed at finding or securing evidence for which there is grounded
probability to be found in the home of the perpetrator of a criminal offence
may only be carried out in the presence of witnesses.
Article ۳۵ [Privacy٫ Dignity٫ Reputation٫ Honor]
Everyone shall be guaranteed respect for and legal protection of personal and
family life٫ dignity٫ reputation and honor.
Article ۳۶ [Secrecy of Communication]
(۱) Freedom and privacy of correspondence and all other forms of communication
shall be guaranteed and inviolable.
(۲) Restrictions necessary for the protection of the State security and the
conduct of criminal proceedings may only be prescribed by law.
Article ۳۷ [Data Integrity]
(۱) Everyone shall be guaranteed the safety and secrecy of personal data.
Without consent from the person concerned٫ personal data may be collected٫
processed and used only under conditions specified by law.
(۲) Protection of data and supervision of the work of information systems in
the State shall be regulated by law.
(۳) The use of personal data contrary to the purpose of their collection shall
be prohibited.
Article ۳۸ [Expression]
(۱) Freedom of thought and expression shall be guaranteed.
(۲) Freedom of expression shall specifically include freedom of the press and
other media of communication٫ freedom of speech and public expression٫ and free
establishment of all institutions of public communication.
(۳) Censorship shall be forbidden. Journalists shall have the right to freedom
of reporting and access to information.
(۴) The right to correction shall be guaranteed to anyone whose constitutional
and legal rights have been violated by public information.
Article ۳۹ [Intolerance]
Any call for or incitement to war٫ or resort to violence٫ national٫ racial or
religious hatred٫ or any form of intolerance shall be prohibited and punishable
by law.
Article ۴۰ [Religion]
Freedom of conscience and religion and freedom to manifest religion and other
convictions shall be guaranteed.
Article ۴۱ [Religious Communities٫ Religious Neutrality]
(۱) All religious communities shall be equal before the law and shall be
separated from the State.
(۲) Religious communities shall be free٫ in conformity with law٫ publicly to
perform religious services٫ to open schools٫ educational and other
institutions٫ social and charrritable institutions and to manage them٫ and
shall them٫ and shall in their activity enjoy the protection and assistance of
the State.
Article ۴۲ [Assembly٫ Protest]
Everyone shall be guaranteed the right of public assembly and peaceful protest٫
in conformity with law.
Article ۴۳ [Association]
(۱) Everyone shall be guaranteed the right to freedom of association for the
purposes of protection of their interests or promotion of their social٫
economic٫ political٫ national٫ cultural and other convictions and
objectttives. For this purpose٫ everyone may freely form trade unionnns and
other associations٫ join them or leave them٫ in conformity with law.
(۲) The exercise of this right shall be restricted by the prohibition of any
violent threat to the democratic constitutional order and independence٫ unity
and territorial integrity of the Republic of Croatia.
Article ۴۴ [Public Affairs٫ Public Services]
Every citizen of the Republic of Croatia shall have the right٫ under equal
conditions٫ to take part in the conduct of public affairs٫ and to have access
to public services.
Article ۴۵ [Electoral Rights]
(۱) All Croatian citizens of the Republic of Croatia who have reached the age
of eighteen years shall have universal and equal suffrage. This right shall be
exercised through direct elections by secret ballot.
(۲) In elections for the Croatian Parliament and for the President of the
Republic٫ the Republic of Croatia shall ensure suffrage to its citizens who are
abroad at the time of the elections٫ so that they may vote in the countries in
which they are or in any other way specified by law.
Article ۴۶ [Petition]
Everyone shall have the right to submit petitions and complaints٫ to make
proposals to government and other public bodies٫ and to receive answers too.
Article ۴۷ [Military Service]
(۱) Military service and the defense of the Republic of Croatia shall be the
duty of every capable citizen of the Republic of Croatia.
(۲) Conscientious objectttion shall be allowed to all those who for religious
or moral reasons are not willing to participate in the performance of military
service in the armed forces. Such persons shall be obliged to perform other
duties specified by law.
Part ۳ Economic٫ Social٫ and Cultural Rights
Article ۴۸ [Property٫ Inheritance]
(۱) The right of ownership shall be guaranteed.
(۲) Ownership implies obligations. Owners and users of property shall
contribute to the general welfare.
(۳) A foreign person may acquire property under conditions spelled out by law.
(۴) The right of inheritance shall be guaranteed.
Article ۴۹ [Business Freedoms]
(۱) Entrepreneurial and market freedom shall be the basis of the economic
system of the Republic of Croatia.
(۲) The State shall ensure all entrepreneurs an equal legal status on the
market. Abuse of monopoly position defined by law shall be forbidden.
(۳) The State shall stimulate the economic progress and social welfare and
shall care for the economic development of all its regions.
(۴) The rights acquired through the investment of capital shall not be
diminished by law٫ or by any other legal act.
(۵) Foreign investors shall be guaranteed free transfer and repatriation of
profits and the capital invested.
Article ۵۰ [Expropriation٫ Restrictions for Businesses]
(۱) Property may٫ in the interest of the Republic of Croatia٫ be restricted or
expropriated by law upon payment of compensation equal to its market value.
(۲) The exercise of entrepreneurial freedom and property rights may
exceptionally be restricted by law for the purposes of protecting the interests
and security of the Republic of Croatia٫ nature٫ the environment and public
health.
Article ۵۱ [Taxation]
(۱) Everyone shall participate in the defrayment of public expenses in
accordance with his or her economic capabilities.
(۲) The system of taxation shall be based on the principles of equality and
equity.
Article ۵۲ [Natural Resources]
(۱) The sea٫ seashore and islands٫ waters٫ air space٫ mineral wealth and other
natural resources٫ as well as land٫ forests٫ fauna and flora٫ other parts of
nature٫ real estate and goods of special cultural٫ historic٫ economic or
ecological significance which are specified by law to be of interest to the
Republic of Croatia shall enjoy its special protection.
(۲) The way in which goods of interest to the Republic of Croatia may be used
and exploited by bearers of rights to them and by their owners٫ and
compensation for the restrictions imposed on them٫ shall be regulated by law.
Article ۵۳ [National Bank]
(۱) The Croatian National Bank shall be the central bank of the Republic of
Croatia.
(۲) The status٫ rights and obligations of the Croatian National Bank shall be
regulated by law.
(۳) The Croatian National Bank shall be independent in its work and shall be
responsible to the Croatian Parliament.
Article ۵۴ [Work]
(۱) Everyone shall have the right to work and enjoy the freedom of work.
(۲) Everyone shall be free to choose his vocation and occupation٫ and all jobs
and duties shall be accessible to everyone under the same conditions.
Article ۵۵ [Pay٫ Rest٫ Vacation٫ Participation]
(۱) Every employee shall have the right to a fair remuneration٫ such as to
ensure a free and decent standard of living to him and his family.
(۲) Maximum working hours shall be regulated by law.
(۳) Every employee shall have the right to a weekly rest and annual holidays
with pay٫ and these rights may not be renounced.
(۴) Employees may٫ in conformity with law٫ participate in decision-making in
the enterprise.
Article ۵۶ [Social Security٫ Child Care]
(۱) The right of employees and of members of their families to social security
and social insurance shall be regulated by law and collective agreements.
(۲) Rights in connection with child-birth٫ maternity and child care shall be
regulated by law.
Article ۵۷ [Assistance٫ Disabled٫ Humanitarian Aid]
(۱) The State shall ensure the right to assistance for weak٫ helpless and other
persons unable to meet their basic needs owing to unemployment or incapacity to
work.
(۲) The State shall devote special care to the protection of disabled persons
and their integration into social life.
(۳) Receiving humanitarian aid from abroad may not be forbidden.
Article ۵۸ [Health Care]
Everyone shall be guaranteed the right to health care٫ in conformity with law.
Article ۵۹ [unionnns]
(۱) In order to protect their economic and social interests٫ all employees
shall have the right to form trade unionnns and shall be free to join and
leave them.
(۲) Trade unionnns may form their federations and join international trade
unionnn organizations
(۳) Formation of trade unionnns in the armed forces and the police may be
restricted by law.
(۴) Employers shall have the right to form associations and shall be free to
join or leave them.
Article ۶۰ [Strike]
(۱) The right to strike shall be guaranteed.
(۲) The right to strike may be restricted in the armed forces٫ the police٫ the
public administration and the public services as specified by law.
Article ۶۱ [Family٫ Marriage]
(۱) The family shall enjoy special protection of the State.
(۲) Marriage and legal relations in marriage٫ common-law marriage and families
shall be regulated by law.
Article ۶۲ [Special Protection]
The State shall protect maternity٫ children and young people٫ and shall
createee social٫ cultural٫ educational٫ material and other conditions
promoting the right to a decent life.
Article ۶۳ [Parents]
(۱) Parents shall have the duty to bring up٫ support and educate their
children٫ and shall have the right and freedom to decide independently on the
upbringing of their children.
(۲) Parents shall be responsible for ensuring the right of their children to a
full and harmonious development of their personalities.
(۳) Physically and mentally disabled and socially neglected children shall have
the right to special care٫ education and welfare.
(۴) Children shall be bound to take care of their old and helpless parents.
(۵) The State shall take special care of parentless minors or parentally
neglected children.
Article ۶۴ [Children٫ Mothers٫ Disabled]
(۱) Everyone shall have the duty to protect children and helpless persons.
(۲) Children may not be employed before reaching the legally determined age٫
nor may they be forced or allowed to do work which is harmful to their health
or morality.
(۳) Young people٫ mothers and disabled persons shall be entitled to special
protection at work.
Article ۶۵ [Schooling]
(۱) Primary education shall be compulsory and free.
(۲) Secondary and higher education shall be equally accessible to everyone
according to abilities.
Article ۶۶ [Private Schools]
Under conditions specified by law٫ private schools and educational institutions
may be established.
Article ۶۷ [Universities]
(۱) The autonomy of universities shall be guaranteed.
(۲) Universities shall independently decide on their organization and work in
conformity with law.
Article ۶۸ [Science٫ Culture٫ Arts٫ Sports]
(۱) Freedom of scientific٫ cultural and artistic creativity shall be
guaranteed.
(۲) The State shall stimulate and assist the development of science٫ culture
and the arts.
(۳) The State shall protect scientific٫ cultural and artistic goods as national
spiritual values.
(۴) Protection of moral and material rights deriving from scientific٫ cultural٫
artistic٫ intellectual and other creative activities shall be guaranteed.
(۵) The State shall promote and assist care of physical education and sport.
Article ۶۹ [Health٫ Environment٫ Nature]
(۱) Everyone shall have the right to a healthy life.
(۲) The State shall ensure conditions for a healthy environment.
(۳) Everyone shall be bound٫ within their powers and activities٫ to pay special
attention to the protection of public health٫ nature and environment.
Chapter IV Organization of Government
Part ۱ The Croation Parliament
Article ۷۰ [Bicameral Parliament]
The Croatian Parliament (Sabor) is a representative body of the people and is
vested with the legislative power in the Republic of Croatia.
Article ۷۱ [Elections٫ Nomination]
The Croatian Parliament shall have no less than ۱۰۰ and no more than ۱۶۰
members٫ elected on the basis of direct universal and equal suffrage by secret
ballot.
Article ۷۲ [Term٫ Incompatibility٫ Electoral Law]
(۱) Members of the Croatian Parliament shall be elected for a term of four
years.
(۲) The number of members of the Croatian Parliament٫ and the conditions and
procedures for their election٫ shall be regulated by law.
Article ۷۳ [New Elections٫ First Session]
(۱) Elections for members of the Croatian Parliament shall be held not later
than ۶۰ days after the expiry of the mandate or dissolution of the Croatian
Parliament.
(۲) The first session of the Croatian Parliament shall be held not later than
۲۰ days after the completion of the elections.
(۳) The Croatian Parliament shall be constituted at the first session by the
selectttion of its President by the majority of its members present.
Article ۷۴ [Free Mandate٫ Remuneration]
(۱) Members of the Croatian Parliament shall have no imperative mandate.
(۲) Members of the Croatian Parliament shall receive a regular monetary
remuneration and shall have other rights specified by law.
Article ۷۵ [Immunity٫ Indemnity]
(۱) Members of the Croatian Parliament shall enjoy immunity.
(۲) No representative shall be prosecuted٫ detained or punished for an opinion
expressed or vote cast in the Croatian Parliament.
(۳) No representative shall be detained٫ nor shall criminal proceedings be
instituted against him٫ without the consent of the Croatian Parliament.
(۴) A representative may be detained without the consent of the Croatian
Parliament only if he has been caught in the act of committing a criminal
offence which carries a penalty of imprisonment of more than five years. In
such a case٫ the President of the Croatian Parliament shall be notified
thereof.
(۵) If the Croatian Parliament is not in session٫ approval for the detention of
a representative٫ or for the continuation of criminal proceedings against him٫
shall be given and his right to immunity decided by the
credentials-and-immunity committee٫ such a decision being subject to subsequent
confirmation by the Croatian Parliament.
Article ۷۶ [Extended Term]
The term of office of members of the Croatian Parliament may be extended by law
only in the event of war or the cases provided for in Articles ۱۷ and ۱۰۰ of
the Constitution.
Article ۷۷ [Dissolution]
(۱) The Croatian Parliament may be dissolved in order to call early elections
if so decided by the majority of all the members.
(۲) The President of the Republic may٫ in conformity with Article ۱۰۳٫ dissolve
the Croatian Parliament.
Article ۷۸ [Sessions]
(۱) The Croatian Parliament shall be in regular session twice a year: the first
period between January ۱۵ and July ۱۵٫ and the second period between September
۱۵ and December ۱۵.
(۲) The Croatian Parliament shall convene emergency sessions at the request of
the President of the Republic٫ the Government or the majority of its members.
(۳) The President of the Croatian Parliament may٫ upon prior consultation with
the parliamentary clubs of members of the parliamentary parties٫ call it into
an emergency session.
Article ۷۹ [Rules of Procedures٫ Chairmen]
(۱) The Croatian Parliament shall have the President and one or more Vice
Presidents.
(۲) The internal organization and procedure of the Croatian Parliament shall be
regulated by its Standing Rules.
(۳) The Standing Rules shall be passed by a majority vote of all the members.
Article ۸۰ [Competences of the House of Representatives]
The Croatian Parliament shall:
-–- decide on the enactment and amendment of the Constitution;
-–- pass laws;
-–- adopt the state budget;
-–- decide on war and peace;
-–- pass documents which express the policy of the Croatian Parliament;
-–- adopt the Strategy of national security and the Strategy of defense of
the Republic of Croatia;
-–- realize civil control over the armed forces and the security services of
the Republic of Croatia;
-–- decide on alternations of the borders of the Republic of Croatia;
-–- call referenda;
-–- carry out elections٫ appointments and reliefs of office٫ in conformity
with the Constitution and law;
-–- supervise the work of the Government of the Republic of Croatia and
other holders of public authority responsible to the Croatian Parliament٫ in
conformity with the Constitution and law;
-–- grant amnesty for criminal offenses;
-–- conduct other affairs as specified by the Constitution.
Article ۸۱ [Competences of the House of Counties]
(۱) Unless otherwise specified by the Constitution٫ the Croatian Parliament
shall make decisions by a majority vote٫ provided that a majority of
representatives are present at the session.
(۲) Representatives shall vote in person.
Article ۸۲ [Voting]
(۱) Laws (organic laws) which regulate the rights of national minorities shall
be passed by the Croatian Parliament by a two-thirds majority vote of all
representatives.
(۲) Laws (organic laws) which elaborate the constitutionally defined human
rights and fundamental freedoms٫ the electoral system٫ the organization٫
authority and operation of government bodies and the organization and authority
of local and regional self-government shall be passed by the Croatian
Parliament by a majority vote of all representatives.
(۳) The decision provided by Article ۷ section ۲ and Article ۸ of the
Constitution shall be passed by the Croatian Parliament by a two-thirds
majority of all representatives.
Article ۸۳ [Majority]
Sessions of the Croatian Parliament shall be public.
Article ۸۴ [Publicity]
Each representative of the Croatian Parliament٫ the parliamentary clubs of
representatives and the working bodies of the Croatian Parliament٫ and the
Government of the Republic of Croatia shall have the right to propose laws.
Article ۸۵ [Initiative]
(۱) Members of the Croatian Parliament shall have the right to ask the
Government of the Republic of Croatia and individual ministers questions.
(۲) At least one tenth of the representatives of the Croatian Parliament may
submit an interpellation on the operation of the Government of the Republic of
Croatia or some of its individual members.
(۳) Questioning and interpellation shall be more specifically regulated by the
Standing Rules.
Article ۸۶ [Questions]
(۱) The Croatian Parliament may call a referendum on a proposal for the
amendment of the Constitution٫ on a bill٫ or any other issue within its
competence.
(۲) The President of the Republic may٫ at the proposal of the Government and
with the counter-signature of the Prime Minster٫ call a referendum on a
proposal for the amendment of the Constitution or any other issue which he
considers to be important for the independence٫ unity and existence of the
Republic of Croatia.
(۳) The Croatian Parliament shall call a referendum upon the issues from
sections ۱ and ۲ of this Article when so demanded by ten percent of all voters
in the Republic of Croatia.
(۴) At such a referendum٫ the decision shall be made by the majority of the
voters who have voted٫ provided that the majority of the total number of
electors have taken part in the referendum.
(۵) Decisions made at referenda shall be binding.
(۶) A law on referenda shall be passed.
Article ۸۷ [Referendum]
(۱) The Croatian Parliament may authorize the Government of the Republic of
Croatia٫ for a maximum period of one year٫ to regulate by decrees certain
issues within its competence٫ except those relating to the elaboration of the
constitutionally defined human rights and fundamental freedoms٫ national
rights٫ the electoral system٫ the organization٫ authority and operation of
government bodies and local self-government.
(۲) Decrees based on statutory authority shall not have a retroactive effect.
(۳) Decrees passed on the basis of statutory authority shall cease to be valid
after the expiry of the period of one year from the date when such authority
was granted٫ unless otherwise decided by the Croatian Parliament.
Article ۸۸ [Decrees]
(۱) Laws shall be promulgated by the President of the Republic within eight
days from the date when they were passed in the Croatian Parliament.
(۲) If the President of the Republic considers the promulgated law not in
accordance with the Constitution٫ he may initiate proceedings to review the
constitutionality of the law before the Constitutional Court of the Republic of
Croatia.
Article ۸۹ [Promulgation]
(۱) Before coming into force٫ laws and other rules and regulations of
governmental bodies shall be published in “Narodne Novine”٫ the official
gazette of the Republic of Croatia.
(۲) The rules and regulations of bodies vested with public authority shall٫
before coming into force٫ be publicized in an accessible way٫ in accordance
with law.
(۱) A law shall come into force at the earliest on the eight day after its
publication٫ unless otherwise specified by law for exceptionally justified
reasons.
(۳) Laws and other regulations of governmental bodies or bodies vested with
public authority shall not have a retroactive effect.
(۴) Only individual provisions of a law may have a retroactive effect for
exceptionally justified reasons.
Article ۹۰ [Publication٫ Retroactive Effect]
(۱) State revenues and expenditures shall be determined by the state budget.
(۲) A law whose implementation requires financial funds shall specify the
sources of such funds.
Article ۹۱ [Budget]
(۱) The Croatian Parliament may form commissions of inquiry regarding any issue
of public interest.
(۲) The composition٫ competence and powers of the commissions of inquiry shall
be in accord with law.
(۳) The chairperson of a commission of inquiry shall be appointed by a majority
of representatives from among the representatives of the opposition.
Article ۹۲ [Inquiry Commissions]
(۱) The People”s Ombudsman٫ as a commissioner of the Croatian Parliament٫
shall protect the constitutional and legal rights of citizens in proceedings
before the state administration and bodies vested with public authority.
(۲) The People”s Ombudsman shall be elected by the Croatian Parliament for a
term of eight years.
(۳) Conditions for the election and the relief of office as well as the scope
and mode of work of the Ombudsman and his Deputies shall be regulated by law.
(۴) Within the office of the People”s Ombudsman٫ protection of the
constitutional and legal rights of citizens in the proceedings before the
Ministry of Defense٫ the armed forces and security services٫ protection of the
rights of citizens before the bodies of the local and regional self-government
and protection of the right to the local and regional self-government before
the governmental bodies٫ shall be provided.
Part ۲ The President of the Republic of Croatia
Article ۹۳ [Ombudsman]
(۱) The President of the Republic of Croatia shall represent and stand for the
Republic of Croatia at home and abroad.
(۲) The President of the Republic shall take care of regular and harmonized
functioning and stability of the state government.
(۳) The President of the Republic is responsible for the defense of
independence and territorial integrity of the Republic of Croatia.
Article ۹۴ [Head of State]
(۱) The President of the Republic shall be elected in direct elections by
secret ballot٫ on the basis of universal and equal suffrage٫ for a term of five
years.
(۲) No one shall be elected the President of the Republic more than twice.
(۳) The President of the Republic shall be elected by a majority of vote of all
electors who have voted. If none of the candidates has obtained such a
majority٫ new elections shall be held after ۱۴ days.
(۴) The two candidates who obtained the largest number of votes in the first
election shall have the right to stand at the new election. If one of these
candidates withdraws٫ the candidate who is next in the number of votes obtained
shall acquire the right to stand for the new election.
(۵) Elections for the President of the Republic shall be held no less than ۳۰
and no more than ۶۰ days before the expiry of the term of office of the
incumbent President.
(۶) Before assuming duty٫ the President of the Republic shall take a solemn
oath before the President of the Constitutional Court swearing loyalty to the
Constitution.
(۷) The election of the President of the Republic٫ the oath and its taking
shall be regulated by law.
Article ۹۵ [Election]
(۱) The President of the Republic shall not perform any other public or
professional duty.
(۲) After the election٫ the President of the Republic shall resign form
membership in the political party and notify the Croatian Parliament thereof.
Article ۹۶ [Incompatibility]
(۱) In case when the President of the Republic is temporarily prevented from
performing his duties٫ because of his absence or illness or yearly leave of
absence٫ the President of the Republic may confide the President of the
Croatian Parliament to substitute for him. The President of the Republic
decides upon his return to duty.
(۲) In case 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 is unable to decide on confiding his duties to a temporary
substitute٫ the President of the Croatian Parliament shall assume the duty of
the temporary President of the Republic upon the decision of the Constitutional
Court. The Constitutional Court shall decide thereof upon the proposal of the
Government.
(۳) In case of death٫ or resignation which shall be submitted to the President
of the Constitutional Court of the Republic of Croatia and the President of the
of the Croatian Parliament notified thereof٫ or when the Constitutional Court
determines the reasons for termination of the mandate of the President of the
Republic٫ the duty of the temporary President of the Republic shall be taken
over by the President of the Croatian Parliament by force of the Constitution.
(۴) When the President of the Croatian Parliament as temporary President of the
Republic issues an act on promulgation of the law٫ the act shall be
counter-signed by the Prime Minister of the Republic of Croatia.
(۵) Elections for the new President of the Republic shall be held within the
term of ۶۰ days from the day the temporary President of the Republic has taken
over the duty according to section ۳ of this Article.
Article ۹۷ [Replacement]
The President of the Republic shall:
-–- call elections for the Croatian Parliament and convene their first
session;
-–- call referenda٫ in conformity with the Constitution;
-–- confide the mandate to form the Government to the person who٫ upon the
distribution of the seats in the Croatian Parliament and consultations held٫
enjoys confidence of the majority of its members;
-–- grant pardons;
-–- confer decorations and other awards specified by law;
-–- perform other duties specified by the Constitution.
Article ۹۸ [Competences]
(۱) The President of the Republic and the Government of the Republic of Croatia
cooperate in formulation and execccution of the foreign policy.
(۲) The President of the Republic shall٫ at the Government”s proposal and
with the counter-signature of the Prime Minister٫ decide on the establishment
of diplomatic missions and consular offices of the Republic of Croatia abroad.
(۳) The President of the Republic shall٫ with the prior counter-signature of
the Prime Minister of the Republic of Croatia٫ appoint and recall diplomatic
representatives of the Republic of Croatia٫ at the proposal the Government and
upon the opinion of the authorized committee of the Croatian Parliament.
(۴) The President of the Republic shall receive letters of credence and the
letters of recall from foreign diplomatic representatives.
Article ۹۹ [Diplomacy]
(۱) The President of the Republic is the Commander-in-Chief of the armed forces
of the Republic of Croatia.
(۲) The President of the Republic shall appoint and relieve of duty military
commanders٫ in conformity with law.
(۳) On the basis of the decision of the Croatian Parliament٫ the President of
the Republic may declare war and conclude peace.
(۴) In case of an immediate threat to the independence٫ unity and existence of
the State٫ the President of the Republic may٫ with the counter signature of the
Prime Minister٫ order the employment of the armed forces even if the state of
war has not been declared.
Article ۱۰۰ [Commander-In-Chief٫ Proclamation of War and Peace]
(۱) During the state of war the President of the Republic may issue decrees
with the force of law on the grounds and within the authority obtained from the
Croatian Parliament. If the Croatian Parliament is not in session٫ the
President of the Republic is authorized to regulate all the issues required by
the state of war by decrees with the force of law.
(۲) In case of an immediate threat to the independence٫ unity and existence of
the State٫ or if the governmental bodies are prevented from performing their
constitutional duties regularly٫ the President of the Republic shall٫ at the
proposal of the Prime Minister and with his counter-signature٫ issue decrees
with the force of law.
(۳) The President of the Republic shall submit decrees with the force of law
for approval to the Croatian Parliament as soon as the Parliament is in a
position to convene.
(۴) If the President of the Republic does not submit a decree for approval to
the Croatian Parliament as required by section ۳ of this Article٫ or if the
Croatian Parliament fails to approve it٫ the decree with the force of law
ceases to be in force.
(۵) In the case stated in sections ۱ and ۲ of this Article the President of the
Republic may call a session of the Government and preside over such a session.
Article ۱۰۱ [Decrees]
(۱) The President of the Republic may propose to the Government to hold a
session and consider certain issues.
(۲) The President of the Republic may be present at the meeting of the
Government and take part in deliberations.
Article ۱۰۲ [President in Government]
(۱) The President of the Republic and the Government of the Republic of Croatia
shall٫ in accordance with the Constitution and law٫ cooperate in directing the
operations of the security services.
(۲) The appointment of the heads of the security services shall٫ upon a prior
opinion of the authorized committee of the Croatian Parliament٫ be
counter-signed by the President of the Republic and the Prime Minister of the
Republic of Croatia.
Article ۱۰۳ [Report About the State of the Republic]
(۱) The President of the Republic٫ at the proposal of the Government and with
the counter-signature of the Prime Minister٫ after consultations with the
representatives of the clubs of parliamentary parties٫ dissolve the Croatian
Parliament if٫ at the proposal of the Government٫ the Parliament has passed a
vote of no confidence to the Government٫ or if it has failed to approve the
state budget within ۱۲۰ days from the date when it was proposed.
(۲) The President of the Republic may not٫ at the proposal of the Government٫
dissolve the Croatian Parliament if the impeachment proceedings against him for
violation of the Constitution have been instituted.
Article ۱۰۴ [Dissolution of Parliament]
(۱) The President of the Republic shall be impeachable for any violation of the
Constitution he has committed in the performance of his duties.
(۲) Proceedings for the impeachment of the President of the Republic may be
instituted by the Croatian Parliament by a two-thirds majority vote of all
representatives.
(۳) The impeachment of the President of the Republic shall be decided upon by
the Constitutional Court of the Republic of Croatia by a two-thirds majority
vote of all the judges.
(۴) The Constitutional Court shall decide upon the impeachment of the President
of the Republic during the term of ۳۰ days form the day of the submission of
the proposal to impeach the President of the Republic for violation of the
Constitution.
(۵) If the Constitutional Court of the Republic of Croatia sustains the
impeachment٫ the duty of the President of the Republic shall cease by force of
the Constitution.
Article ۱۰۵ [Impeachment]
(۱) The President of the Republic shall enjoy immunity.
(۲) The President of the Republic may not be detained nor criminal proceedings
may be instituted against him without prior consent of the Constitutional
Court.
(۳) The President of the Republic may be detained without prior consent of the
Constitutional Court only if he has been caught in the act of committing a
criminal offence which carries a penalty of imprisonment of more than five
years. In such a case the state body which has detained the President of the
Republic shall instantly notify the President of the Constitutional Court
thereof.
Article ۱۰۶ [Presidential Council٫ Advisory Bodies]
(۱) In the performance of his duties the President of the Republic shall be
assisted by advisory bodies. The members of these bodies shall be appointed and
relieved by the President of the Republic. Appointments contrary to the
principle of separation of powers shall not be permitted.
(۲) Advisory٫ expert and other tasks shall be performed by the Office of the
President of the Republic. The organization and competence of the Office shall
be regulated by law and internal rules.
Part ۳ The Government of the Republic of Croatia
Article ۱۰۷ [execccutive Power٫ Bound by Constitution]
The Government of the Republic of Croatia shall exercise execccutive powers in
conformity with the Constitution and law.
Article ۱۰۸ [Prime Minister٫ Ministers]
(۱) The Government of the Republic of Croatia shall consist of a Prime Minster٫
one or more Deputy Prime Ministers and ministers.
(۲) The Prime Minister and other members of the Government may not perform any
other public or professional duty without consent of the Government.
Article ۱۰۹ [Organization]
(۱) The person to whom the President of the Republic confides the mandate to
form the Government shall propose its members.
(۲) Immediately upon the formation of the Government٫ but not later than ۳۰
days from the acceptance of the mandate٫ the mandatary shall present the
Government and its program to the Croatian Parliament and demand a vote of
confidence to be passed.
(۳) The Government shall assume its duty if the vote of confidence is passed by
a majority vote of all members of the Croatian Parliament.
(۴) The Prime Minister and the members of the Government shall take a solemn
oath before the Croatian Parliament. The text of the oath shall be determined
by law.
(۵) Upon the decision of the Croatian Parliament to express confidence to the
Government of the Republic of Croatia٫ the ruling on the appointment of the
Prime Minister shall be brought by the President of the Republic٫ with the
counter signature of the President of the Croatian Parliament٫ and the ruling
on the appointment of the members of the Government shall be brought by the
Prime Minster with the counter signature of the President of the Croatian
Parliament.
Article ۱۱۰ [Decrees٫ Powers]
(۱) If the mandatary fails to form the Government within the term of ۳۰ days
from the day of the acceptance of the mandate٫ the President of the Republic
may decide to extend the term for not more than ۳۰ additional days.
(۲) If the mandatary fails to form the Government during the extended term٫ or
if the proposed Government fails to obtain confidence of the Croatian
Parliament٫ the President of the Republic shall confide the mandate to form the
Government to another person.
Article ۱۱۱ [Temporary Non-Party Government]
If the Government is not formed in accordance with Articles ۱۰۹ and ۱۱۰ of the
Constitution٫ the President of the Republic shall appoint temporary non-party
Government and simultaneously call early elections for the Croatian Parliament.
Article ۱۱۲ [Governmental Powers]
The Government of the Republic of Croatia shall:
-–- propose legislation and other acts to the Croatian Parliament;
-–- propose the state budget and the annual accounts;
-–- execccute laws and other decisions of the Croatian Parliament;
-–- enact decrees to implement the laws;
-–- guide the foreign and internal policies;
-–- direct and control the operation of the state administration;
-–- take care of the economic development of the country;
-–- direct performance and development of the public services;
-–- perform other duties determined by the Constitution and law.
Article ۱۱۳ [Procedure]
The organization٫ mode of operation and decision-making of the Government shall
be regulated by law and the rules of procedure.
Article ۱۱۴ [Responsibility]
(۱) The Government shall be responsible to the Croatian Parliament.
(۲) The Prime Minister and members of the Government shall be jointly
responsible for the decisions made by the Government٫ and shall be personally
responsible for their respective competencies.
Article ۱۱۵ [Vote of Confidence]
(۱) At the proposal of at least one fifth of the members of the Croatian
Parliament٫ a vote of confidence in the Prime Minster٫ in individual members of
the Government٫ or in the Government as a whole٫ shall be put in motion.
(۲) A vote of confidence in the Government may also be requested by the Prime
Minister.
(۳) No debate or vote of confidence may be taken before the expiry of seven
days from the date when the motion was submitted to the Croatian Parliament.
(۴) Debate and vote of confidence shall be carried through not later than ۳۰
days from the day the motion was submitted to the Croatian Parliament.
(۵) A no confidence decision shall be accepted if it has been voted for by the
majority of the total number of members of the Croatian Parliament.
(۶) If the Croatian Parliament rejects the proposal for a vote of no
confidence٫ the representatives who have submitted it may not make the same
proposal again before the expiry of six months.
(۷) If a vote of no confidence in the Prime Minister or in the Government as a
whole is passed٫ the Prime Minister and the Government shall submit their
resignation. If the vote of confidence to a new mandatary and the members he
proposes for the Government is not passed during the term of ۳۰ days٫ the
President of the Croatian Parliament shall notify thereof the President of the
Republic of Croatia. After the notification is received the President of the
Republic instantly issue a decision to dissolve the Croatian Parliament٫ and
simultaneously call elections for the Croatian Parliament.
(۸) If a vote of no confidence in an individual member of the Government is
passed٫ the Prime Minster may propose to the Croatian Parliament another member
for a vote of confidence or the Prime Minister and the Government as a whole
may submit their resignation.
(۹) In all the cases of resignation of the Prime Minister or the Government
section ۷ of this Article shall be applied.
Article ۱۱۶ [State Administration]
(۱) The organization and responsibilities as well as operation of the state
administration shall be regulated by law.
(۲) Certain responsibilities of the state administration may be entrusted by
law to the bodies of the local and regional self-government and legal bodies
vested with public authority.
(۳) The status of state officials and the legal status of the state employees
shall be regulated by law and other regulations.
Part ۴ Judicial Power
Article ۱۱۷ [Courts٫ Independence٫ Bound by Constitution]
(۱) Judicial power shall be exercised by courts.
(۲) Judicial power shall be autonomous and independent.
(۳) Courts shall administer justice according to the Constitution and law.
Article ۱۱۸ [Supreme Court]
(۱) The Supreme Court of the Republic of Croatia٫ as a highest court٫ shall
secure uniform application of laws and equal justice to all.
(۲) The President of the Supreme Court of the Republic of Croatia shall be
appointed and relieved from duty by the Croatian Parliament at the proposal of
the President of the Republic٫ with a prior opinion of the general session of
the Supreme Court of the Republic of Croatia and of the authorized committee of
the Croatian Parliament. The President of the Supreme Court of the Republic of
Croatia shall be appointed for a four-year term of office.
(۳) The establishment٫ jurisdiction٫ composition and organization of courts and
court proceedings shall be regulated by law.
Article ۱۱۹ [Publicity]
(۱) Court hearings shall be open to the public and judgments shall be
pronounced publicly in the name of the Republic of Croatia.
(۲) The public may be barred from a hearing or part of it for the reasons
necessary in a democratic society in the interest of morals٫ public order or
State security٫ in particular if minors are tried٫ or in order to protect
private lives of the parties٫ or in marital disputes and proceedings in
connection with guardianship and adoption٫ or for the purpose of protection of
military٫ official or business secrets and for the protection of the security
and defense of the Republic of Croatia٫ but only to the extent which is in the
opinion of the court absolutely necessary in the specific circumstances in
which the public might be harmful to the interests of justice.
Article ۱۲۰ [Justices٫ Lay-Assessors]
In administration of justice lay assessors shall participate in conformity with
law.
Article ۱۲۱ [Judicial Indemnity٫ Judicial Immunity]
(۱) Judges shall enjoy immunity in accordance with the law.
(۲) Judges and lay assessors who take part in the administration of justice
shall not be called to account for an opinion or a vote given in the process of
judicial decision-making unless there exists violation of law on the part of a
judge which is criminal offence.
(۳) A judge may not be detained in criminal proceedings initiated for a
criminal offence committed in performance of his judicial duty without prior
consent of the National Judicial Council.
Article ۱۲۲ [Permanent Office]
(۱) Judicial office shall be permanent.
(۲) Exceptionally to the provision of section ۱ of this Article٫ at the
assuming of judicial duty for the first time٫ judges shall be appointed for a
five-year term. After the renewal of the appointment٫ the judge assumes his
duty as permanent.
A judge shall be relieved of his judicial office:
-–- at his own request٫
-–- if he has become permanently incapacitated to perform his office٫
-–- if he has been sentenced for a criminal offence which makes him unworthy
to hold judicial office٫
-–- if٫ in conformity with law٫ so decides the National Judicial Council due
to the commission of an act of serious infringement of discipline٫
-–- when reaching seventy years of age.
(۳) Against the decision of being relieved from his duty the judge shall have
the right to appeal to the Constitutional Court within the term of ۱۵ days from
the day the decision has been served٫ onto which the Constitutional Court shall
decide in the procedure and composition determined by the Constitutional Act on
the Constitutional Court of the Republic of Croatia.
(۴) Against the decision of the National Judicial Council on disciplinary
responsibility٫ the judge shall have the right to appeal to the Constitutional
Court of the Republic of Croatia within the term of ۱۵ days from the day the
decision has been served. The Constitutional Court shall decide on the appeal
in the way and the procedure determined by the Constitutional Act on the
Constitutional Court of the Republic of Croatia.
(۵) In the cases from sections ۴ and ۵ of this Article٫ the Constitutional
Court shall decide within the term not longer than ۳۰ days from the day the
appeal has been submitted. The decision of the Constitutional Court excludes
the right to the constitutional complaint.
(۶) A judge shall not be transferred against his will except in the case the
Court is abolished or reorganized in conformity with law.
(۷) A judge shall not hold an office or perform work defined by law as being
incompatible with his judicial office.
Article ۱۲۳ [National Judicial Council]
(۱) Judges shall٫ according to the Constitution and law٫ be appointed and
relieved of duty by the National Judicial Council٫ which will also decide on
all matters concerning their disciplinary responsibilities.
(۲) In the process of appointment and relief of judges the National Judicial
Council shall obtain the opinion of the authorized committee of the Croatian
Parliament.
(۳) The National Judicial Council shall consist of eleven members elected by
the Croatian Parliament in conformity with law٫ from among notable judges٫
attorneys-at-law and university professors of law. The majority of members of
the National Judicial Council shall be from the ranks of judges.
(۴) Presidents of courts may not be elected as members of the National Judicial
Council.
(۵) Members of the National Judicial Council shall be elected for a four-year
term and no one may be a member of the National Judicial Council for more than
two subsequent terms.
(۶) The President of the National Judicial Council shall be elected by secret
ballot by a majority of the members of the National Judicial Council for a
two-year term of office.
(۷) The jurisdiction and the proceedings of the National Judicial Council shall
be regulated by law.
Part ۵ The Office of the Public Prosecutions
Article ۱۲۴ [Autonomy٫ Organization]
(۱) The Office of the Public Prosecutions is an autonomous and independent
judicial body empowered and due to proceed against those who commit criminal
and other punishable offences٫ to undertake legal measures for protection of
the property of the Republic of Croatia and to provide legal remedies for
protection of the Constitution and law.
(۲) The Head Public Prosecutor of the Republic of Croatia shall be appointed by
the Croatian Parliament at the proposal of the Government of the Republic of
Croatia and with a prior opinion of the authorized committee of the Croatian
Parliament for a four-year term.
(۳) At assuming their duty for the first time٫ Deputy Public Prosecutors shall
be appointed for a five-year term. After the renewal of the appointment they
shall assume their duty as permanent.
(۴) Deputy Public Prosecutors shall٫ in conformity with the Constitution and
law٫ be appointed٫ relieved and decided upon their disciplinary responsibility
by the National Council of Public Prosecutions. The National Council of Public
Prosecutions shall be elected by the Croatian Parliament in the way and
procedure determined by law. The majority of members of the National Council of
Public Prosecutions shall be from ranks of Deputy Public Prosecutors.
(۵) Head officials of the public prosecutions” offices may not be elected as
members of the National Council of Public Prosecutions.
(۶) Jurisdiction٫ organization and the mode of operation of the National
Council of the Public Prosecutions shall be regulated by law.
(۷) The establishment٫ organization٫ jurisdiction and competence of the Office
of Public Prosecutions shall be regulated by law.
Chapter V The Constitutional Court of the Republic of Croatia
Article ۱۲۵ [Membership٫ President]
(۱) The Constitutional Court of the Republic of Croatia shall consist 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.
(۲) Candidacy proceedings and the proposal for the judges of the Constitutional
Court of the Republic of Croatia to the Croatian Parliament shall be carried
out by the committee of the Croatian Parliament٫ authorized for the
constitutional issues.
(۳) The Constitutional Court of the Republic of Croatia shall elect its
President for a term of four years.
Article ۱۲۶ [Incompatibilities٫ Immunity]
(۱) A judge of the Constitutional Court of the Republic of Croatia shall not
perform any other public or professional duties.
(۲) Judges of the Constitutional Court of the Republic of Croatia shall enjoy
same immunity as members of the Croatian Parliament.
Article ۱۲۷ [Early Dismissal]
A judge of the Constitutional Court of the Republic of Croatia may be relieved
of office before the expiry of the term for which he has been elected if he
requests to be relieved٫ if he is sentenced to imprisonment٫ or if he is
permanently incapacitated from performing his duties٫ as established by the
Court itself.
Article ۱۲۸ [Powers]
The Constitutional Court of the Republic of Croatia shall:
-–- decide on the conformity of laws with the Constitution;
-–- decide on the conformity of other regulations with the Constitution and
laws;
-–- may decide on constitutionality of laws and constitutionality of laws
and other regulations which have lost their legal force٫ provided that from the
moment of losing the legal force until the submission of a request or a
proposal to institute the proceedings not more than one year has passed;
-–- decide 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 guaranteed by the Constitution of the Republic of Croatia;
-–- observe the realization of constitutionality and legality and notify the
Croatian Parliament on the instances of unconstitutionality and illegality
observed thereto;
-–- decide on jurisdictional disputes between the legislative٫ execccutive
and judicial branches;
-–- decide٫ in the conformity with the Constitution٫ on the impeachment of
the President of the Republic;
-–- supervise the constitutionality of the programs and activities of
political parties and may٫ in conformity with the Constitution٫ ban their work;
-–- supervise the constitutionality and legality of elections and national
referenda٫ and decide on the electoral disputes which are not within the
jurisdiction of courts;
-–- perform other duties specified by the Constitution.
Article ۱۲۹ [Notification About Mandatory Legislation]
If the Constitutional Court ascertains that the authorized body has not enacted
a rule or a regulation needed for the application of the Constitution٫ law or
other regulation٫ being bound to enact such a regulation٫ it shall notify the
Government thereof٫ while the Croatian Parliament shall be notified about the
regulations which the Government has been obliged to enact.
Article ۱۳۰ [Constitutional Review]
(۱) The Constitutional Court of the Republic of Croatia shall repeal a law if
it finds it to be unconstitutional.
(۲) The Constitutional Court of the Republic of Croatia shall repeal or annul
any other regulation if it finds it to be unconstitutional or illegal.
(۳) In the cases from Article ۱۲۸ section ۱ line ۳ of the Constitution٫ if the
Constitutional Court of the Republic of Croatia finds that a law has not been
in conformity with the Constitution and law or that another regulation has not
been in conformity with the Constitution and law٫ it shall enact a decision on
ascertaining unconstitutionality or illegality.
Article ۱۳۱ [Organization by Constitutional Act]
(۱) The procedure and conditions for the election of judges of the
Constitutional Court of the Republic of Croatia and the termination of their
office٫ conditions and time-limits for instituting proceedings for the
assessment of the constitutionality and legality٫ procedure and legal effects
of its decisions٫ protection of human rights and fundamental freedoms
guaranteed by the Constitution٫ and other issues important for the performance
of duties and work of the Constitutional Court of the Republic of Croatia٫
shall be regulated by the Constitutional Act.
(۲) The Constitutional Act shall be passed in accordance with the procedure
determined for amending the Constitution.
(۳) The internal organization of the Constitutional Court of the Republic of
Croatia shall be regulated by its rules of procedure.
Chapter VI Local and Regional Self-Government
Article ۱۳۲ [Local Self-Government]
(۱) Citizens shall be guaranteed the right to local and regional
self-government.
(۲) The right to a local and regional self-government shall be realized through
local٫ respectively regional representative bodies٫ composed of members elected
on free elections by secret ballot on the grounds of direct٫ equal and general
voting rights.
(۳) Citizens may directly participate in administering local affairs٫ through
meetings٫ referenda and other forms of direct decision-making٫ in conformity
with law and statute.
Article ۱۳۳ [Units and Bodies]
(۱) Municipalities and towns shall be units of local self-government٫ and their
areas shall be determined in the way prescribed by law. Other units of local
self-government may be provided by law.
(۲) Counties shall be units of regional self-government. The area of a county
is determined in the way prescribed by law.
(۳) The capital city of Zagreb may be attributed the status of a county by law.
Larger cities in the Republic of Croatia may be given the authorities of a
county by law.
(۴) Forms of local self-government may in conformity with law٫ be established
in localities and parts thereof.
Article ۱۳۴ [Independence٫ Supervision]
(۱) Units of local self-government shall carry out the affairs of local
jurisdiction by which the needs of citizens are directly fulfilled٫ and in
particular the affairs related to the organization of localities and housing٫
area and urban planning٫ public utilities٫ child care٫ social welfare٫ primary
health services٫ education and elementary schools٫ culture٫ physical education
and sports٫ customer protection٫ protection and improvement of the environment٫
fire protection and civil defense.
(۲) Units of regional self-government shall carry out the affairs of regional
significance٫ and in particular the affairs related to education٫ health
service٫ area and urban planning٫ economic development٫ traffic and traffic
infrastructure and the development of network of educational٫ health٫ social
and cultural institutions.
(۳) Affairs of local and regional jurisdiction shall be regulated by law. At
the allotment of the affairs٫ priority shall be given to the bodies which are
closest to the citizens.
(۴) At the determination of the local and regional self-government
jurisdiction٫ the scope and nature of affairs and the requirements of
efficiency and economy shall be taken into account.
Article ۱۳۵ [Statues٫ Internal Organization]
Units of local and regional self-government shall have the right٫ within the
limits provided by law٫ to regulate autonomously by their statutes the internal
organization and jurisdiction of their bodies and accommodate them to the local
needs and potentials.
Article ۱۳۶ [Autonomy and Review]
In performing the affairs within their jurisdiction٫ units of local and
regional self-government shall be autonomous and subject only to the review of
the constitutionality and legality by the authorized governmental bodies.
Article ۱۳۷ [Revenues]
(۱) Units of local and regional self-government shall have the right to their
own revenues and have them on their free disposal in performing affairs within
their jurisdiction.
(۲) Revenues of local and regional units of self-government shall be
proportional to their authorities provided by the Constitution and law.
(۳) The State shall assist financially weaker units of local and regional
self-government in conformity with law.
Chapter VII International Relations
Part ۱ International Agreements
Article ۱۳۸ [Concurrent Power]
International agreements shall be concluded٫ in conformity with the
Constitution٫ law and the rules of international law٫ depending on the nature
and contents of the international agreement٫ within the authority of the
Croatian Parliament٫ the President of the Republic and the Government of the
Republic of Croatia.
Article ۱۳۹ [Ratification٫ Qualified Ratification]
(۱) International agreements which entail the passage of amendment of laws٫
international agreements of military and political nature٫ and international
agreements which financially commit the Republic of Croatia shall be subject to
ratification by the Croatian Parliament.
(۲) International agreements which grant international organization or
alliances powers derived from the Constitution of the Republic of Croatia٫
shall be subject to ratification by the Croatian Parliament by two-thirds
majority vote of all representatives.
(۳) The President of the Republic shall sign the documents of ratification٫
admittance٫ approval or acceptance of international agreements ratified by the
Croatian Parliament in conformity with sections ۱ and ۲ of this Article.
(۴) International agreements which are not subject of ratification by the
Croatian Parliament are concluded by the President of the Republic at the
proposal of the Government٫ or by the Government of the Republic of Croatia.
Article ۱۴۰ [Priority Over Law]
International agreements concluded and ratified in accordance with the
Constitution and made public٫ and which are in force٫ shall be part of the
internal legal order of the Republic of Croatia and shall be above law in terms
of legal effects. Their provisions may be changed or repealed only under
conditions and in the way specified in them or in accordance with the general
rules of international law.
Part ۲ Association and Secession
Article ۱۴۱ [Initiative٫ Majority٫ Referendum]
(۱) Procedure for the association of the Republic of Croatia into alliances
with other states may be instituted by at least one-third of the
representatives of the Croatian Parliament٫ the President of the Republic and
the Government of the Republic of the Croatia.
(۲) It is prohibited to initiate any procedure for the association of the
Republic of Croatia into alliances with other states if such association leads٫
or might lead٫ to a renewal of a South Slav state community or to any Balkan
state form of any kind.
(۳) Any association of the Republic of Croatia shall first be decided upon by
the Croatian Parliament by a two-thirds majority vote of all representatives.
(۴) Any decision concerning the association of the Republic of Croatia shall be
made on a referendum by a majority vote of the total number of electors in the
State.
(۵) Such a referendum shall be held within ۳۰ days from the date when the
decision has been rendered by the Croatian Parliament.
(۶) The provisions of this Article concerning association shall also relate to
the conditions and procedure for the disassociation of the Republic of Croatia.
Chapter VIII Amending the Constitution
Article ۱۴۲ [Initiative]
(۱) Amendments to the Constitution of the Republic of Croatia may be proposed
by at least one- fifth of the members of the Croatian Parliament٫ the President
of the Republic and the Government of the Republic of Croatia.
Article ۱۴۳ [Starting Proceedings]
(۱) The Croatian Parliament shall decide by a majority vote of all
representatives whether or not to start proceedings for the amendment of the
Constitution.
(۲) Draft amendments to the Constitution shall be determined by a majority vote
of all the members of the Croatian Parliament.
Article ۱۴۴ [Majority]
The decision to amend the Constitution shall be made by a two-thirds majority
vote of all the members of the Croatian Parliament.
Article ۱۴۵ [Promulgation]
Amendment of the Constitution shall be promulgated by the Croatian Parliament.
Chapter IX Concluding Provisions
Article ۱۴۶ [House of Counties٫ Offices]
By entering into force of the Amendment of the Constitution of the Republic of
Croatia (Official Gazette “Narodne novine”٫ No ۲۸/۲۰۰۱) the function of the
House of Counties of the Croatian Parliament as well as the duty of the
incumbent president and members of the National Judicial Council and the
President of the Supreme Court of the Republic of Croatia shall cease.
Article ۱۴۷ [Constitutional Act on the Implementation]
The Croatian Parliament shall pass the Constitutional Act on the Implementation
of the Constitution of the Republic of Croatia.