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THE CONSTITUTIONAL ACT ON THE
CONSTITUTIONAL COURT OF THE REPUBLIC OF
CROATIA

(excerpts)

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IX. 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 88 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 Chamber
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 Chamber 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 Chamber shall decide in a closed Session.


Article 94
(1) The Chamber shall make the decision only unanimously.
(2) If the unanimous decision may not be reached in the Chamber, or if the Chamber
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
87 to 96 of this Constitutional Act.

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