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)
 

Article 97

(1) A judge (hereinafter: the appellant) may appeal to the Constitutional Court against the decision to relieve him of office within a term of 15 days after the disputed decision has been delivered.

(2) The appeal in paragraph 1 of this Article shall be decided by majority vote by a Council of the Constitutional Court composed of six judges.

(3) The decision of the Constitutional Court whereby the appeal is adopted as grounded, shall repeal the disputed decision, and the matter shall be returned to the National Judicial Council for renewed proceedings.

(4) In the event of paragraph 3 of this Article, the National Judicial Council shall pass another decision instead of the one that has been repealed, and in so doing shall be bound by the legal opinion of the Constitutional Court about the violation of the appellant's constitutional rights expressed in its repealing decision.

 

Article 98

(1) A judge (hereinafter: the appellant) may appeal to the Constitutional Court against the decision of the National Judicial Council on disciplinary responsibility within a term of 15 days from the day when the disputed decision was delivered.

(2) The appeal in paragraph 1 of this Article shall be decided by majority vote by a Council of the Constitutional Court composed of six judges.

(3) The decision of the Constitutional Court whereby the appeal is adopted as grounded shall repeal the disputed decision, and the matter shall be returned to the National Judicial Council for renewed proceedings.

(4) In the event of paragraph 3 of this Article, the National Judicial Council shall pass another decision instead of the one that has been repealed, and in so doing shall be bound by the legal opinion of the Constitutional Court about the violation of the appellant's constitutional rights expressed in its repealing decision.

 

Article 99

(1) In Constitutional Court proceedings of appeal in Articles 92a and 92b of this Constitutional Act, the appellant may be represented by an attorney, and the National Judicial Council (hereinafter: the decision-maker) shall be represented by the president or such member of the National Judicial Council whom the president authorizes to represent the Council before the Constitutional Court in a special authorization.

(2) In the Constitutional Court proceedings of appeal the appellant and the decision-maker have the right to the delivery of all the applications the other side filed with the Constitutional Court, and to make a declaration in writing about them.

(3) The appellant has the right to propose to the competent Council of the Constitutional Court persons whom he considers may make declarations that would contribute to the Constitutional Court deciding in his/her favour. The Council of the Constitutional Court shall in this case request such persons to make a declaration in writing, to which the decision-maker has the right to reply in writing.

 

Article 100

The right of the Council of the Constitutional Court to establish the existence or non-existence of facts supporting the finding about the violation of the constitutional right of the appellant is not bound or limited by the special formal rules for giving evidence.

 

Article 101

(1) The Council of the Constitutional Court shall pass a Constitutional Court decision or ruling on the appeal in Article 92.a and Article 92.b of this Constitutional Act within a term of 30 days from the date when it was received.

(2) In complex constitutional-court proceedings of appeal in which the appellant, or the decision maker, request an appropriate time period and the possibility to prepare a written declaration in reply to the application of the other side, or when it is necessary to secure the right of the appellant, or the decision-maker, to make a written declaration in reply to more than one application of the other side, including the written declarations of the persons in Article 92.c, paragraph 3, of this Constitutional Act, the term of 30 days for passing the Constitutional Court decision about the appeal shall begin to run from the day when the last application by the appellant is filed.

 

Article 102

The Constitutional Court decision or the ruling of the Constitutional Court on the appeals of judges in Articles 92.a and 92.b of this Constitutional Act exclude the right of the appellants to lodge a constitutional complaint.

 

Article 103

(1) Candidates in the procedure for appointing judges may lodge a constitutional complaint against the decision about appointing judges of the National Judicial Council after they have exhausted all legal remedies before the Administrative Court of the Republic of Croatia through a request grounded on the special provisions of the Administrative Lawsuits Act on the protection of constitutionally guaranteed human rights and freedoms.

(2) Paragraph 1 of this Article shall also be applied to persons who participated in proceedings before the National Council of Public Prosecutions.

Monitoring the Execution of Constitutionality and Legality

 
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