Control of the Constitutionality and Legality of the Elections and the National Referendum and the Electoral Disputes
 

Article 87

The Constitutional Court:

- controls the constitutionality and legality of elections,

- controls the constitutionality and legality of the national referendum,

- decides on the electoral disputes, which are not within the jurisdiction of the courts of justice, acting as a court of appeal against the rulings of the competent electoral commission.

 

Article 88

Political parties, candidates, not less than 100 voters or not less than 5 percent of voters of the constituency in which the elections are held are authorized during the elections, respective not later than the expiry of the term of 30 days from publishing the results of the elections, to request from the Constitutional Court to undertake relevant measures, performing the control of the constitutionality and legality of the elections, if the electoral activities are being carried out in discordance with the Constitution and the law.

 

Article 89

When the Constitutional Court ascertains that the participants in the elections act contrary to the Constitution and the law, it shall inform the public over the media, if needed warn the competent bodies, and in case of violation which influenced or might have influenced the results of the elections, shall annul all or separate electoral activities and decisions, which preceded such violation.

 

Article 90

(1) The proceedings of control of the constitutionality and legality of elections may be instituted during the term mentioned in Article 85 of this Constitutional Act, counting from the day the results of the elections were published in the Official Gazette Narodne Novine.

(2) The term mentioned in paragraph 1 of this Article shall begin to expire on the day the Official Gazette Narodne Novine has been issued, and in this matter the Constitutional Court is authorized to ascertain the actual day of the issuance of the Official Gazette Narodne Novine.

 

Article 91

(1) Political parties, candidates, not less than 100 voters or not less than 5 percent of voters of the constituency in which the elections are held, have the right to submit an appeal against the ruling of the competent electoral commission to the Constitutional Court (electoral dispute).

(2) The appeal is to be submitted to the Constitutional Court through the competent electoral commission during the term of 48 hours from the expiration of the day when the disputed ruling was received.

(3) The Constitutional Court is due to render the decision on the appeal during the term of 48 hours from the day it was received.

(4) The appeal does not postpone the performance of the electoral acts prescribed by the electoral legislation.

(5) The decision of the Constitutional Court on appeal excludes the right to lodge a constitutional complaint.

 

Article 92

(1) In control of the constitutionality and legality of the elections and the national referendum the Constitutional Court decides in Session.

(2) The Constitutional Court shall decide on the electoral disputes in the council composed of three judges appointed on the proposal of the president of the Constitutional Court by the Constitutional Court in Session.

 

Article 93

(1) The council shall examine the disputed act in its disputed part being restrained, as a rule, to the examination of the violations pointed out by the applicant.

(2) The council shall decide in a closed Session.

 

Article 94

(1) The council shall make the decision only unanimously.

(2) If the unanimous decision may not be reached in the council, or if the council holds that there exist reasons to present the matter to the Session of the Constitutional Court, the file shall be delivered to the president of the Constitutional Court in order to be presented to the Session and decided.

 

Article 95

(1) At the request of the Croatian Parliament, the Constitutional Court shall, in the case when ten percent of the total number of voters in the Republic of Croatia request calling a referendum, establish whether the question of the referendum is in accordance with the Constitution and whether the requirements in Article 86, paragraphs 1-3, of the Constitution of the Republic of Croatia for calling a referendum have been met.

(2) The Constitutional Court shall pass the decision in paragraph 1 of this Article within a term of 30 days after it filed the request.

 

Article 96
The Constitutional Court shall control the constitutionality and legality of the national referendum and undertake measures by an analogous application of the provisions of Articles 84 to 92 of this Constitutional Act.

 

Procedure in Connection with an Appeal against the Decision to Relive a Judge of Office, and the Decision about the Disciplinary Responsibility of a Judge (Constitutional Court Procedures of Appeal)

 
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