V. The Constitutional Court of the Republic of Croatia
Article 122
The Constitutional Court of the Republic of Croatia shall consist of thirteen judges elected by a two-thirds majority of the deputies of the Croatian Parliament from among notable jurists, especially judges, public prosecutors, attorneys and university law professors pursuant to the procedure and method set forth by a constitutional act. The term of office of a Constitutional Court justice shall be eight years, to be extended, in exceptional cases up to six months, where upon expiry of an incumbent’s term of office a new justice has not been elected or has not assumed office.
Candidacy proceedings and the proposal for the judges of the Constitutional Court of the Republic of Croatia to the Croatian Parliament shall be carried out by the committee of the Croatian Parliament, authorized for the constitutional issues.
The Constitutional Court of the Republic of Croatia shall elect its President for a term of four years.
Article 123
A judge of the Constitutional Court of the Republic of Croatia shall not perform any other public or professional duties.
Judges of the Constitutional Court of the Republic of Croatia shall enjoy same immunity as members of the Croatian Parliament.
Article 124
A judge of the Constitutional Court of the Republic of Croatia may be relieved of office before the expiry of the term for which he has been elected if he requests to be relieved, if he is sentenced to imprisonment, or if he is permanently incapacitated from performing his duties, as established by the Court itself.
Article 125
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 125a
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 126
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 129 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.
Article 127
The procedure and conditions for the election of judges of the Constitutional Court of the Republic of Croatia and the termination of their office, conditions and time-limits for instituting proceedings for the assessment of the constitutionality and legality, procedure and legal effects of its decisions, protection of human rights and fundamental freedoms guaranteed by the Constitution, and other issues important for the performance of duties and work of the Constitutional Court of the Republic of Croatia, shall be regulated by the Constitutional Act.
The Constitutional Act shall be passed in accordance with the procedure determined for amending the Constitution.
The internal organization of the Constitutional Court of the Republic of Croatia shall be regulated by its rules of procedure.
