Constitution (2001)

THE CONSTITUTION OF THE REPUBLIC OF CROATIA

(The consolidated text published in "Narodne novine" (the Official Gazette), No. 41/01 of May 7, 2001 together with its corrections published in "Narodne novine" No. 55 of June 15, 2001 )


This consolidated text of the Constitution of the Republic of Croatia is a compilation of texts including: text of the Constitution of the Republic of Croatia published in "Narodne novine", No. 56/90 of December 22, 1990; text of the Constitutional Act on Revisions and Amendments of the Constitution of the Republic of Croatia published in "Narodne novine", No. 135/97 of December 15, 1997 (the consolidated text was published in "Narodne novine", No. 8/98); text of the Change of the Constitution of the Republic of Croatia published in "Narodne novine", No. 113/00 of November 16, 2000 (the consolidated text was published in "Narodne novine", No. 124/00); and text of the Change of the Constitution of the Republic of Croatia published in "Narodne novine", No. 28/01 of April 2, 2001

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II. BASIC PROVISIONS

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Article 4

In the Republic of Croatia government shall be organized on the principle of separation of powers into the legislative, executive and judicial branches, but limited by the right to local and regional self-government guaranteed by this Constitution.

The principle of separation of powers includes the forms of mutual cooperation and reciprocal checks and balances provided by the Constitution and law.

Article 5

In the Republic of Croatia laws shall conform with the Constitution, and other rules and regulations shall conform with the Constitution and law.

Everyone shall abide by the Constitution and law and respect the legal order of the Republic of Croatia.

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IV. ORGANIZATION OF GOVERNMENT

1. THE CROATIAN PARLIAMENT

Article 70

The Croatian Parliament (Sabor) is a representative body of the people and is vested with the legislative power in the Republic of Croatia.

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Article 78

The Croatian Parliament shall be in regular session twice a year: the first period between January 15 and July 15, and the second period between September 15 and December 15.

The Croatian Parliament shall convene emergency sessions at the request of the President of the Republic, the Government or the majority of its members.

The President of the Croatian Parliament may, upon prior consultation with the parliamentary clubs of members of the parliamentary parties, call it into an emergency session.

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Article 88

Laws shall be promulgated by the President of the Republic within eight days from the date when they were passed in the Croatian Parliament.

If the President of the Republic considers the promulgated law not in accordance with the Constitution, he may initiate proceedings to review the constitutionality of the law before the Constitutional Court of the Republic of Croatia.

Article 89

Before coming into force, laws and other rules and regulations of governmental bodies shall be published in "Narodne Novine", the official gazette of the Republic of Croatia.

The rules and regulations of bodies vested with public authority shall, before coming into force, be publicized in an accessible way, in accordance with law.

A law shall come into force at the earliest on the eight day after its publication, unless otherwise specified by law for exceptionally justified reasons.

Laws and other regulations of governmental bodies or bodies vested with public authority shall not have a retroactive effect.

Only individual provisions of a law may have a retroactive effect for exceptionally justified reasons.

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3. THE GOVERNMENT OF THE REPUBLIC OF CROATIA

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Article 112

The Government of the Republic of Croatia shall:

    - propose legislation and other acts to the Croatian Parliament;
    - propose the state budget and the annual accounts;
    - execute laws and other decisions of the Croatian Parliament;
    - enact decrees to implement the laws;
    - guide the foreign and internal policies;
    - direct and control the operation of the state administration;
    - take care of the economic development of the country;
    - direct performance and development of the public services;
    - perform other duties determined by the Constitution and law.

Article 113

The organization, mode of operation and decision-making of the Government shall be regulated by law and the rules of procedure.

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V. THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA

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Article 128

The Constitutional Court of the Republic of Croatia shall:

    - decide on the conformity of laws with the Constitution;
    - decide on the conformity of other regulations with the Constitution and laws;
    - may decide on constitutionality of laws and constitutionality of laws and other regulations which have lost their legal force, provided that from the moment of losing the legal force until the submission of a request or a proposal to institute the proceedings not more than one year has passed;
    - decide on constitutional complaints against the individual decisions of governmental bodies, bodies of local and regional self-government and legal entities with public authority, when these 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;
    - observe the realization of constitutionality and legality and notify the Croatian Parliament on the instances of unconstitutionality and illegality observed thereto;
    - decide on jurisdictional disputes between the legislative, executive and judicial branches;
    - decide, in the conformity with the Constitution, on the impeachment of the President of the Republic;
    - supervise the constitutionality of the programs and activities of political parties and may, in conformity with the Constitution, ban their work;
    - supervise the constitutionality and legality of elections and national referenda, and decide on the electoral disputes which are not within the jurisdiction of courts;
    - perform other duties specified by the Constitution.

Article 129

If the Constitutional Court ascertains that the authorized body has not enacted a rule or a regulation needed for the application of the Constitution, law or other regulation, being bound to enact such a regulation, it shall notify the Government thereof, while the Croatian Parliament shall be notified about the regulations which the Government has been obliged to enact.

Article 130

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 from Article 128 section 1 line 3 of the Constitution, if the Constitutional Court of the Republic of Croatia finds that a law has not been in conformity with the Constitution and law or that another regulation has not been in conformity with the Constitution and law, it shall enact a decision on ascertaining unconstitutionality or illegality.

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