Judicial Power

Judicial Power

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- Constitution of Croatia
Judicial Power
- Constitution of the Republic of Croatia. Government and Croatian Laws.

Judicial Power


4. Judicial Power

  • Judicial power shall be exercised by courts.
    Judicial power shall be autonomous and independent.
    Courts shall administer justice on the basis of the Constitution and law.

  • The Supreme Court of the Republic of Croatia, as the highest court, shall ensure uniform application of laws and equality of citizens.
    The establishment, jurisdiction, composition and organization of courts and court proceedings shall be regulated by law.
    The formation, competence and organization of the office of public prosecutor shall be regulated by law.

  • Court hearings shall be open and judgements shall be passed publicly in the name of the Republic of Croatia.
    The public may be barred from a hearing or part thereof if minors are being tried, or for the purposes of protection of the private lives of the parties, or in marital disputes and proceedings in connection with guardianship and adoption, or for the purposes of protection of military, official or business secrets, and for the protection of security of the Republic's defense.

  • Justice shall be administered by judges and lay-assessors in conformity with law.

  • Judges and lay-assessors who take part in the administration of justice shall not be called to account for an opinion given in the process of judicial decision-making.
    Judges shall, in conformity with law, enjoy the same immunity as representatives in the Croatian Parliament.

  • Judicial office shall be permanent.
    A judge shall be relieved of his judicial office:
    • at his own request;
    • if he has become permanently incapacitated to perform his office;
    • if he has been sentenced for a criminal offense which makes him unworthy to hold judicial office;
    • if in conformity with law it is so decided by the High Judiciary Council of the Republic owing to the commission of an act of serious infringement of discipline.

    The judge concerned shall have the right to submit to the House of Counties of the Croatian Parliament a request for protection against the decision to relieve him of office.
    A judge shall not be transferred against his will.
    A judge shall not perform an office or work defined by law as being incompatible with his judicial office.

  • Judges and public prosecutors shall, in conformity with the Constitution and law, be appointed and relieved of duty by, and questions concerning their disciplinary responsibility decided upon by, the High Judiciary Council of the Republic.
    The High Judiciary Council of the Republic shall have a president and 14 members.
    The president and members shall be proposed by the House of Counties, and shall be elected by the House of Representatives for a term of eight years from among notable judges, public prosecutors, lawyers and university professors of law, in conformity with law.
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    Amending The Constitution

    Transitional And Concluding Provisions
    Constitution Judicial Power 2022
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