The Constitution of the Republic of Croatia of 22 December 1990 (hereinafter referred to as the 'Constitution of 1990'), by adopting the new constitutional order of 1990, defined the composition of the Constitutional Court of the Republic of Croatia (hereinafter 'Constitutional Court') and the nature and limits of its powers.
Under the 1990 Constitution:
Under the Constitution of 1990, the basic powers of the Constitutional Court were as follows:
The Constitution of 1990 also provided that a constitutional act was to regulate the conditions for the election of judges of the Constitutional Court and the termination of their term of office, the conditions and time-limits for instituting proceedings for the review of constitutionality and legality, the procedure and legal effects of its decisions, the protection of constitutional freedoms and human and citizens' rights, and other issues of importance for the performance of the duties and work of the Constitutional Court, and that this constitutional act was to be passed by the procedure laid down for amending the Constitution.
Since 1990 no law in the constitutional order of the Republic of Croatia, apart from the Constitutional Act on the Constitutional Court of the Republic of Croatia, has had to be passed by the procedure established for the Constitution itself, i.e. to which the Constitution grants constitutional force. This is a clear expression of the importance and role of constitutional review in the legal order of the Republic of Croatia.
In accordance with the Constitution of 1990, in March 1991 the Croatian Parliament passed the first Constitutional Act on the Constitutional Court of the Republic of Croatia (hereinafter 'Constitutional Act of 1991'), which further develops the powers of the Constitutional Court specified by the Constitution of 1990.
The first change of the Constitution of 1990 took place at the end of 1997, when the Constitutional Act amending and supplementing the Constitution of the Republic of Croatia was passed. None of the provisions of the Constitution of 1990 regulating the powers of the Constitutional Court were changed or supplemented by these amendments and additions. In September 1999 Parliament passed a new Constitutional Act on the Constitutional Court of the Republic of Croatia (hereinafter 'Constitutional Act of 1999').
The second change of the Constitution took place at the end of 2000 when the Change of the Constitution of the Republic of Croatia was passed. In these changes to the Constitution the powers of the Constitutional Court were considerably expanded, and the number of judges was increased from the original 11 to a total of 13. In addition to the powers already established in the Constitution of 1990, the Constitutional Court was given the following new powers:
The third change of the Constitutionof 1990 took place at the beginning of 2001. These changes did not amend or supplement the constitutional provisions of 2000, which had substantially extended the powers of the Constitutional Court in comparison to its powers under the Constitution of 1990. They merely brought the existing terminology in the part of the Constitution relevant to the Constitution Court into line with the terminology in the Convention for the Protection of Human Rights and Fundamental Freedoms. Moreover, in the existing provisions of the Constitution relevant to the Constitutional Court, all references to the House of Representatives and the House of Counties of the Croatian Parliament were removed because the changes to the Constitution in 2001 reorganised the national parliament into one sole chamber (the House of Counties was abolished, and the provisions referring to the House of Representatives were replaced by provisions referring to the Croatian Parliament).
In March 2002 the Constitutional Act Amending and Supplementing the Constitutional Act on the Constitutional Court of the Republic of Croatia was passed, bringing the text of the Constitutional Act of 1999 into line with the extended powers of the Constitutional Court established by the Change of the Constitution of 2000. This is still in force.
Constitutional review was introduced in the Republic of Croatia in 1963, and the Constitutional Court began operating in 1964.
Constitutional review in the Republic of Croatia can be divided up into two historical periods:
constitutional review in the former Socialist Republic of Croatia from 1963 to 1990 – the period in which Croatia was one of the six federal entities (republics) which constituted the former Socialist Federal Republic of Yugoslavia (hereinafter 'former SFRY');
constitutional review in the Republic of Croatia from 1990 to the present day –the period after the Republic of Croatia became autonomous and independent.
Criminal Procedure Act
Juvenile Courts Act
Protection of People with Mental Disorders Act
Act on No Statute of Limitations for Wartime Profiteering, Economic Transition and Privatisation Crimes
Financial Compensation for Victims of Criminal Offences Act
Liability of Legal Persons for Criminal Offences Act
Procedure for Confiscation of Proceeds of Criminal Acts and Misdemeanours Act
Legal Consequences of Sentences, Criminal Records and Rehabilitation Act
Free Legal Aid Act
Civil Obligations Act
Civil Procedure Act
Ownership and Other Real Rights Act
Lease and Purchase of Business Premises Act
Land Register Act
Act on Liability of Republic of Croatia for Damage caused in Former Socialist Federal Republic of Yugoslavia (SFRY) for which Former SFRY was Responsible
Act on Liability of Republic of Croatia for Damage caused by Members of Croatian Armed Forces and Law and Order Forces during Croatian Independence War
Act on Liability for Damage caused by Terrorist Acts and Public Demonstrations
Act on Prohibition of Transfer of Right of Disposal and Use of Certain Publicly Owned Immovable Property to Other Users or into Ownership of Natural and Legal Persons
Act denying Certain Legal Persons the Right to Dispose and Take Possession of Assets in the Republic of Croatia
Act on the Resolution of Conflicts of Laws with the Regulations of Other Countries in Specific Relations
Court Register Act
Introduction of European Company (SE) and European Economic Interest Grouping (EEIG) Act
Expropriation and Award of Compensation Act
Administrative Disputes Act
Compensation for Assets Seized during Yugoslav Communist Rule Act
Rules and international treaties relating to application of the Compensation for Assets Seized during Yugoslav Communist Rule Act
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.