Constitutional Court of the Republic of Croatia
Constitutional Court of the Republic of Croatia (Croatian: Ustavni sud Republike Hrvatske) is not considered as part of the judicial branch but a court sui generis. It is the interpreter and guardian of the Croatian Constitution and considered the highest judicial authority de facto, because it can abolish Supreme Court decisions on the basis of human rights breaches.
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.
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.
Principle
Its principle and most important role is 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.
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, President, 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
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.
Composition as of 2005:
- President: Petar Klarić
- Deputy President: Jasna Omejec
Judges:
- Marijan Hranjski
- Mario Kos
- Ivan Matija
- Ivan Mrkonjić
- Željko Potočnjak
- Agata Račan
- Emilija Rajić
- Smiljko Sokol
- Nevenka Šernhorst
- Vice Vukojević
- Milan Vuković
Former presidents:
- (1991-1999) Jadranko Crnić
- (1999-2003) Smiljko Sokol
External links
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
