The Constitutional Court of the Republic of Croatia shall consist of thirteen judges elected by a two-thirds majority of the deputies of the Croatian Parliament from among notable jurists, especially judges, public prosecutors, attorneys and university law professors pursuant to the procedure and method set forth by a constitutional act. The term of office of a Constitutional Court justice shall be eight years, to be extended, in exceptional cases up to six months, where upon expiry of an incumbent’s term of office a new justice has not been elected or has not assumed office.
The committee of the Croatian Parliament in charge of constitutional issues shall conduct the procedure for the nomination and proposal of candidates for justices of the Constitutional Court of the Republic of Croatia to the Croatian Parliament.
The Constitutional Court of the Republic of Croatia shall elect its Chief Justice for a term of four years.
The justices of the Constitutional Court of the Republic of Croatia may not perform any other public nor professional duty.
The justices of the Constitutional Court of the Republic of Croatia shall enjoy same immunity as members of the Croatian Parliament.
A justice of the Constitutional Court of the Republic of Croatia may be relieved of office prior to the expiry of the term for which he has been elected at his/her own request, if he/she is sentenced to imprisonment, or if he/she is permanently incapacitated from the performance of duties, which is to be ascertained by the Court itself.
The Constitutional Court of the Republic of Croatia:
– shall decide upon the compliance of laws with the Constitution,
– shall decide upon the compliance of other regulations with the Constitution and laws,
– may decide on the constitutionality of laws and the constitutionality and legality of other regulations which are no longer valid, provided that less than one year has elapsed from the moment of such cessation until the filing of a request or a proposal to institute proceedings,
– shall decide on constitutional petitions against individual decisions taken by governmental agencies, bodies of local and regional self-government and legal persons vested with public authority where such 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,
– shall monitor compliance with the Constitution and laws and shall report to the Croatian Parliament on detected violations thereof,
– shall decide upon jurisdictional disputes between the legislative, executive and judicial branches,
– shall decide, in conformity with the Constitution, on the impeachment of the President of the Republic,
– shall supervise compliance of the platforms and activities of political parties with the Constitution and may, in compliance with the Constitution, ban non-compliant parties,
– shall monitor whether elections and referenda are conducted in compliance with the Constitution and laws and shall resolve electoral disputes falling outside the jurisdiction of the courts,
– shall perform other duties specified by the Constitution.
Insofar as the Constitutional Court finds that a competent body charged with enacting a regulation needed for the application of the Constitution, law or other regulation has failed to do so, it shall notify the Government thereof, and shall notify the Croatian Parliament when the Government has been charged with enacting such regulation and failed to do so.
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.
In the cases specified in Article 129, paragraph (1), sub-paragraph 3 of the Constitution, if the Constitutional Court of the Republic of Croatia finds that a law is non-compliant with the Constitution and law or that another regulation is non-compliant with the Constitution and law, it shall hand down a decision pronouncing non-compliance with the Constitution or law.
The procedure and conditions for the appointment of justices 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 constitutionality and legality, the procedure and legal effects of its decisions, the protection of human rights and fundamental freedoms guaranteed by the Constitution, and other issues vital to the performance of duties and work of the Constitutional Court of the Republic of Croatia shall be regulated by a constitutional act.
Such constitutional act shall be adopted in accordance with the procedure determined for amending the Constitution.
The internal organization of the Constitutional Court of the Republic of Croatia shall be regulated by its standing orders.
Community-Level, Local and Regional Self-Government