{ Adopted: Dec 1990 / Status: Dec 1990 }
Chapter I Historical Foundations
[Preamble]
The millennial national identity of the Croatian nation
in the formation of Croatian principalities in the 7th century;
in the independent medieval state of Croatia founded in the 9th
century;
in the Kingdom of Croats established in the 10th century;
in the preservation of the subjectivity of the Croatian state in
the Croatian-Hungarian personal union;
in the autonomous and sovereign decision of the Croatian
Parliament of 1527 to elect a king from the Habsburg dynasty;
in the autonomous and sovereign decision for the Croatian
Parliament to sign the Pragmatic Sanction of 1712;
in the conclusions of the Croatian Parliament of 1848 regarding
the restoration of the integrity of the Triune Kingdom of
Croatia under the power of the Vice-Roy (Ban) on the basis of
the historical state and natural right of the Croatian nation;
in the Croatian-Hungarian Compromise of 1868 regulating the
relations between the Kingdom of Dalmatia, Croatia and
Slavonia and the Kingdom of Hungary, on the basis of the legal
traditions of both states and the Pragmatic Sanction of 1712;
in the decision of the Croatian Parliament of 29 Oct 1918, to
dissolve state relations between Croatia and Austria-Hungary,
and the simultaneous affiliation of independent Croatia,
invoking its historical and natural right as a nation, with the
State of Slovenes, Croats and Serbs, proclaimed in the former
territory of the Habsburg Empire;
in the fact that the Croatian Parliament never sanctioned the
decision passed by the National Council of the State of
Slovenes, Croats and Serbs to unite with Serbia and
Montenegro in the Kingdom of Serbs, Croats and Slovenes (1
Dec 1918), subsequently proclaimed the Kingdom of
Yugoslavia (3 Oct 1929);
in the establishment of the Banovina of Croatia in 1939 by
which Croatian state identity was restored in the Kingdom of
Yugoslavia;
in laying the foundations of state sovereignty during World War
Two, through decisions of the Anti-Fascist Council of the
National Liberation of Croatia (1943), to oppose the
proclamation of the Independent State of Croatia (1941), and
subsequently in the Constitution of the People's Republic of
Croatia (1947), and several subsequent constitutions of the
Socialist Republic of Croatia (1963-1990).
At the historic turning-point marked by the rejection of the communist system and changes in the international order in Europe, the Croatian nation reaffirmed, in the first democratic elections (1990), by its freely expressed will, its millennial statehood and its resolution to establish the Republic of Croatia as a sovereign state.
Proceeding from the above presented historical facts and from
the generally accepted principles in the modern world and the
inalienable, indivisible, nontransferable and inexpendable right
of the Croatian nation to self-determination
Respecting the will of the Croatian nation and all citizens, resolutely expressed at free elections, the Republic of Croatia is organized and shall develop as a sovereign and democratic state in which the equality of citizens and human freedoms and rights are guaranteed and ensured, and their economic and cultural progress and social welfare are promoted.
Article 1 [State Principles]
(1) The Republic of Croatia is a unitary and indivisible
democratic and social state. Power in the Republic of Croatia
is derived from the people and belongs to the people as a
community of free and equal citizens.
(2) The people exercise this power through the election of
representatives and through direct decision-making.
Article 2 [Sovereignty]
(1) The sovereignty of the Republic of Croatia is inalienable,
indivisible and untransferable.
(2) The sovereignty of the Republic of Croatia encompasses its
lands, rivers, lakes, canals, internal maritime waters, territorial
sea, and the air space above these.
(3) The Republic of Croatia exercises, in accordance with
international law, sovereign rights and jurisdiction over the
maritime areas and the seabed and subsoil thereof of the
Adriatic Sea outside the state territory up to the borders of
neighboring countries.
(4) The Croatian Parliament and people directly, independently,
and in accordance with the Constitution and law, decide:
- on the regulation of economic, legal and political relations in
the Republic of Croatia;
- on the preservation of natural and cultural wealth and its
utilization;
- on association in alliances with other states.
(5) The Republic of Croatia may conclude alliances with other
states, retaining the sovereign right to decide by itself on the
powers to be transferred and the right to withdraw from them
freely.
Article 3 [State Values]
Freedom, equal rights, national equality, peace, social justice,
respect for human rights, inviolability of ownership,
conservation of nature and the human environment, the rule of
law, and a democratic multiparty system are the highest values
of the constitutional order of the Republic of Croatia.
Article 4 [State Powers]
The government in the Republic of Croatia is organized on the
principle of separation of powers into the legislative, executive,
and judicial branches.
Article 5 [Rule of Law]
(1) Laws in the Republic of Croatia must conform with the
Constitution, and other rules and regulations must conform with
the Constitution and the law.
(2) Everyone has to abide by the Constitution and law and
respect the legal order of the Republic.
Article 6 [Political Parties]
(1) The formation of political parties is free.
(2) Political parties have to be organized according to a
territorial principle. The work of any political party which by
its program of activity violently endangers the democratic
constitutional order, independence, unity, or territorial integrity
of the Republic of Croatia is prohibited.
Article 7 [Armed Forces]
(1) The armed forces
(2) The defense system of the Republic of Croatia is regulated
by law.
Article 8 [Borders]
The borders of the Republic of Croatia may only be altered by
decision of the Croatian Parliament.
Article 9 [Citizenship]
(1) Croatian citizenship, its acquisition and termination is
regulated by law.
(2) No citizen of the Republic of Croatia may be exiled from
the Republic, be deprived of citizenship, or be extradited to
another state.
Article 10 [Citzens Abroad]
(1) The Republic of Croatia protects the rights and interests of
its citizens living or staying abroad, and promotes their links
with the homeland.
(2) Parts of the Croatian nation in other states are guaranteed
special concern and protection by the Republic of Croatia.
Article 11 [State Symbols]
(1) The coat-of-arms
(2) The flag of the Republic of Croatia consists of three colors:
red, white, and blue, with the historical Croatian coat-of-arms
in the center.
(3) The anthem of the Republic of Croatia is "Lijepa nasa
domovino".
(4) The description of the historical Croatian coat-of-arms and
flag, the text of the anthem, and the use of these and other state
symbols is regulated by law.
Article 12 [State Language]
(1) The Croatian language and the Latin script are in official
use in the Republic of Croatia.
(2) In individual local units, another language and the Cyrillic
or some other script may, along with the Croatian language and
the Latin script, be introduced into official use under conditions
specified by law.
Article 13 [Capital: Zagreb]
(1) The capital of the Republic of Croatia is Zagreb.
(2) The city of Zagreb is a separate territorial and
administrative unit whose organization is regulated by law.
Article 14 [Equality]
(1) Citizens of the Republic of Croatia enjoy all rights and
freedoms regardless of race, color, sex, language, religion,
political or other opinion, national or social origin, property,
birth, education, social status, or other characteristics.
(2) All are equal
Article 15 [Rights of Foreigners, Cultural Rights]
(1) Members of all nations and minorities have equal rights in
the Republic of Croatia.
(2) Members of all nations and minorities are guaranteed
freedom to express their national identity, freedom to use their
language and script, and cultural autonomy.
Article 16 [Rule of Law, Restrictions]
Freedoms and rights may only be restricted
Article 17 [Special Restrictions in State of Emergency]
(1) During a state of war or an immediate danger to the
independence and unity of the Republic, or in the event of some
natural disaster, individual freedoms and rights guaranteed by
the Constitution may be restricted. This shall be decided by the
Croatian Parliament by a two-thirds majority of all
representatives or, if the Croatian Parliament is unable to
convene, by the President of the Republic.
(2) The extent of such restrictions must be adequate to the
nature of the danger, and may not result in the inequality of
citizens in respect of race, color, sex, language, religion,
national, or social origin.
(3) Not even in the case of immediate danger to the existence of
the state may restrictions
Article 18 [Right to Appeal, Access to Courts]
(1) The right to appeal against individual legal acts made in
first-instance proceedings before courts or other authorized
bodies is guaranteed.
(2) The right to appeal may exceptionally be denied in cases
specified by law if other legal protection is ensured.
Article 19 [Rule of Law in Public Administration]
(1) Individual acts of state administration and bodies vested with
public powers are based on law.
(2) Judicial review of the legality of individual acts of
administrative authorities and bodies vested with public powers
are guaranteed.
Article 20 [Personal Liability]
Anyone violating the provisions of this Constitution concerning
the basic freedoms and rights of man and the citizen is held
personally responsible and may not exculpate himself from
invoking a higher order.
Article 21 [Life, No Capital Punishment]
(1) Every human being has the right to life.
(2) In the Republic of Croatia there is no capital punishment.
Article 22 [Personal Liberty]
(1) Man's freedom and personality are inviolable.
(2) No one may be deprived of liberty, nor may his liberty be
restricted, except when so specified by law, which shall be
decided by a court.
Article 23 [Personal Integrity, No Forced Labor]
(1) No one may be subjected to any form of maltreatment or,
without his consent, to medical or scientific experiments.
(2) Forced and obligatory labor are forbidden.
Article 24 [Arrest]
(1) No one may be arrested or detained without a written court
order based on law. Such an order has to be read and given to
the arrested person at the moment of arrest.
(2) The police may without a court order arrest a person
reasonably suspected of having committed a serious criminal
offense defined by law, and must immediately hand him over to
the court. The arrested person has to be immediately informed
in a way understandable to him of the reasons for arrest and of
his rights determined by law.
(3) Any person arrested or detained has the right to appeal to
the court, which must decide without delay on the legality of
the arrest.
Article 25 [Conditions of Arrest]
(1) Any arrested and convicted person must be treated in a
humane manner and his dignity has to be respected.
(2) Anyone who is detained and accused of a penal offense has
the right, within the shortest term specified by law, to be
brought before a court, and within the statutory term to be
acquitted or convicted.
(3) A person in custody may be released on legal bail to defend
himself.
(4) Any person who has been illegally deprived of liberty or
convicted is, in conformity with law, entitled to damages and a
public apology.
Article 26 [Equality Before the Powers]
All citizens and aliens are equal before courts, government
bodies, and other bodies vested with public powers.
Article 27 [Legal Aid of the Bar]
The Bar as an autonomous and independent service provides
citizens with legal aid, in conformity with law.
Article 28 [Presumption of Innocence]
Everyone is presumed innocent and may not be considered
guilty of a penal offense until his guilt has been proved by a
final court judgement.
Article 29 [Defense, Illegal Evidence]
(1) Anyone suspected or accused of a penal offense has the
right:
- to a fair trial before a competent court specified by law;
- to be informed of the reasons for the charges brought against
him and of the evidence incriminating him within the shortest
possible term;
- to a defense attorney and free communication with him, and
to be informed of this right;
- to be tried in his presence if he is accessible to the court, and
to defend himself by himself or with the assistance of the
defense counsel chosen by him;
(2) A charged and accused person may not be forced to testify
against himself or to admit his guilt.
(3) Illegally obtained evidence is not admitted in court
proceedings.
Article 30 [Loss of Rights as a Penulty]
A penal judgement for a serious and exceptionally dishonorable
penal offense may, in conformity with law, have as a
consequence loss of acquired rights or a ban on acquiring, for a
specific time, certain rights to the conduct of specific affairs, if
this is required for the protection of legal order.
Article 31 [nulla poena sine lege, double jeopardy]
(1) No one may be punished for an act which before its
perpetration was not defined by law or international law as a
punishable offense, nor may he be sentenced to a punishment
which was not defined by law. If after the perpetration of an
act a less severe punishment is determined by law, such
punishment has to be imposed.
(2) No one may again be tried for an act for which he was
already sentenced and for which a final court judgement was
passed.
(3) No criminal proceedings can be renewed against a person
acquitted by a final court judgement.
Article 32 [Move, Residence, Leave, Return]
(1) Anyone who legally finds himself in the territory of the
Republic has the right freely to move and choose a residence.
(2) Every citizen of the Republic has the right at any time to
leave the state territory and permanently or temporarily to settle
abroad, and at any time to return home.
(3) The right of movement within the Republic and the right to
enter or leave it may exceptionally be restricted by law, if this
is necessary to protect the legal order, or the health, rights and
freedoms of others.
Article 33 [Asylum]
(1) Foreign citizens and stateless persons may obtain asylum in
Croatia, unless they are prosecuted for non-political crimes and
activities contrary to the basic principles of international law.
(2) No alien who legally finds himself on the territory of the
Republic shall be banished or extradited to another state, unless
a decision made in accordance with an international agreement
or law is to be enforced.
Article 34 [Home, Search]
(1) Homes are inviolable.
(2) Only a court may by a warrant based on law and a
statement of reasons order the search of a home or other
premises.
(3) The tenant concerned has the right, personally or through
his representatives and two obligatory witnesses, to be present
at the search of his home or other premises.
(4) Subject to conditions spelled out by law, police authorities
may even without a court warrant or consent from the tenant
enter his home or premises and carry out a search in the
absence of witnesses, if this is indispensable to enforce an arrest
warrant or to apprehend the offender, or to prevent serious
danger to life or major property.
(5) A search aimed at finding or securing evidence, which there
is reasonable probability to believe is to be found in the home
of the perpetrator of a penal offense, may only be carried out in
the presence of witnesses.
Article 35 [Privacy, Dignity, Reputation, Honor]
All citizens are guaranteed respect for and legal protection of
personal and family life, dignity
Article 36 [Secrecy of Communication]
(1) Freedom and secrecy of correspondence and all other forms
of communication are guaranteed and inviolable.
(2) Restrictions necessary for the protection of the Republic's
security and the conduct of criminal proceedings may only be
prescribed by law.
Article 37 [Data Integrity]
(1) Everyone is guaranteed the safety and secrecy of personal
data. Without consent from the person concerned, personal
data may be collected, processed, and used only under
conditions specified by law.
(2) Protection of data and supervision of the work of
information systems in the Republic are regulated by law.
(3) The use of personal data contrary to the purpose of their
collection is prohibited.
Article 38 [Expression]
(1) Freedom of thought and expression
(2) Freedom of expression specifically includes freedom of the
press and other media of communication, freedom of speech
and public expression, and free establishment of all institutions
of public communication.
(3) Censorship is forbidden. Journalists have the right to
freedom of reporting and access to information.
(4) The right to correction is guaranteed to anyone whose
constitutionally determined rights have been violated by public
communication.
Article 39 [Intolerance]
Any call for or incitement to war, or resort to violence,
national, racial, or religious hatred, or any form of intolerance
is prohibited and punishable.
Article 40 [Religion]
Freedom of conscience and religion
Article 41 [Religious Communities, Religious Neutrality]
(1) All religious communities are equal before the law and
separate from the state.
(2) Religious communities shall be free, in conformity with law,
to publicly perform religious services, open schools, teaching
establishments or other institutions , social and charitable
institutions and to manage them, and shall in their activity enjoy
the protection and assistance of the state.
Article 42 [Assembly, Protest]
All citizens are guaranteed the right to peaceful assembly and
public protest.
Article 43 [Association]
(1) Citizens are guaranteed the right to free association for the
purposes of protection of their interests or promotion of social,
economic, political, national, cultural, and other convictions
and objectives. For this purpose, citizens may freely form
political parties, trade unions, and other associations, join them,
or leave them.
(2) The right to free association shall be restricted by the
prohibition of any violent threat to the democratic constitutional
order and the independence, unity, and territorial integrity of
the Republic.
Article 44 [Public Affairs, Public Services]
Every citizen of the Republic has the right, under equal
conditions, to take part in the conduct of public affairs and has
access to public service.
Article 45 [Electoral Rights]
(1) All citizens of the Republic who have reached the age of
eighteen years have universal and equal suffrage
(2) In elections for the Croatian Parliament and the President of
the Republic, the Republic ensures suffrage to all citizens who
at the time of the elections find themselves outside its borders,
so that they may vote in the states in which they find
themselves or any other way specified by law.
Article 46 [Petition]
All citizens have the right to submit petitions and complaints, to
make proposals to government and other public bodies, and to
receive answers thereto.
Article 47 [Military Service]
(1) Military service and the defense of the Republic are the duty
of all citizens able to perform it.
(2) Conscientious objection is allowed to all those who for
religious or moral beliefs are not willing to participate in the
performance of military duties in the armed forces. Such
persons are obliged to perform other duties specified by law.
Article 48 [Property, Inheritance]
(1) The right to ownership
(2) Ownership implies obligations. Holders of the right to
ownership and its users shall contribute to the general welfare.
(3) A foreign
(4) The right to inheritance is guaranteed.
Article 49 [Business Freedoms]
(1) Entrepreneurial and market freedom are the basis of the
economic system of the Republic.
(2) The state ensures all entrepreneurs an equal legal status on
the market. Monopolies are forbidden.
(3) The Republic stimulates economic progress and social
welfare and cares for the economic development of all regions.
(4) The rights acquired through the investment of capital may
not be lessened by law, nor by any other legal act.
(5) Foreign investors are guaranteed free transfer and
repatriation of profit and the capital invested.
Article 50 [Expropriation, Restrictions for Businesses]
(1) Ownership may, in the interests of the republic, be
restricted by law, or property taken over against indemnity
equal to its market value.
(2) Entrepreneurial freedom and property rights may
exceptionally be restricted by law for the purposes of protecting
the interests and security of the Republic, nature, the human
environment, and human health.
Article 51 [Taxation]
(1) Everyone must participate in carrying public expenses, in
accordance with their economic possibilities.
(2) The tax system is based on the principles of equality and
equity.
Article 52 [Natural Resources]
(1) The sea, seashore, and islands, waters, air space, mineral
wealth, and other natural resources, as well as land, forests,
fauna, and flora, other parts of nature, real estate, and things of
special cultural, historical, economic, or ecological significance
which are specified by law to be of interest to the Republic,
enjoy its special protection.
(2) The way in which goods of interest to the Republic may be
used and exploited by holders of rights to them and by owners,
and compensation for the restrictions imposed on them, is
regulated by law.
Article 53 [National Bank]
(1) The National Bank of Croatia is the central bank of the
Republic of Croatia.
(2) The National Bank of Croatia is, within the framework of
its rights and duties, responsible for the stability of the currency
and for general payment liquidity at home and abroad.
(3) The National Bank of Croatia is independent in its work and
responsible to the Croatian Parliament. Profits made through
the operations of the National Bank of Croatia accrue to the
state budget.
(4) The status of the National Bank of Croatia is regulated by
law.
Article 54 [Work]
(1) Everyone has the right to work
(2) Everyone is free to choose his vocation and occupation, and
all work places and duties shall be accessible to everyone under
the same conditions.
Article 55 [Pay, Rest, Vacation, Participation]
(1) Every employed person has the right to remuneration,
ensuring for himself and his family a free and decent life.
(2) Maximum working hours are regulated by law.
(3) Every employed person has the right to a weekly rest and
annual holidays with pay, and may not renounce these rights.
(4) Employed persons may, in conformity with law, participate
in decision-making in the firms in which they work.
Article 56 [Social Security, Child Care]
(1) The right of those employed and of members of their
families to social security and social insurance are regulated by
law and collective agreements.
(2) Rights in connection with childbirth, maternity, and child
care are regulated by law.
Article 57 [Assistance, Disabled, Humanitarian Aid]
(1) The Republic shall ensure to weak, helpless, and other
citizens unprovided-for due to unemployment or incapacity to
work the right to assistance to meet their basic needs.
(2) The Republic ensures special care for the protection of
disabled persons and their inclusion in social life.
(3) Receiving humanitarian aid from abroad may not be
forbidden.
Article 58 [Health Care]
Every citizen is guaranteed the right to health care.
Article 59 [Unions]
(1) In order to protect their economic and social interests, all
employees and employers have the right to form trade unions
and freely join and leave them.
(2) Trade unions may form their federations and associate in
international trade union organizations.
(3) Formation of trade unions in the armed forces and the
police may be restricted by law.
Article 60 [Strike]
(1) The right to strike is guaranteed.
(2) The right to strike may be restricted in the armed forces, the
police, government administration, and the public services
specified by law.
Article 61 [Family, Marriage]
(1) The family enjoys special protection of the Republic.
(2) Marriage and legal relations in marriage, common-law
marriage, and families are regulated by law.
Article 62 [Special Protection]
The Republic protects maternity, children
Article 63 [Parents]
(1) Parents shall the duty to bring up, support
(2) Parents are responsible for ensuring their children the right
to the full and harmonious development of their personalities.
(3) Physically and mentally handicapped and socially neglected
children have the right to special care, education, and welfare.
(4) Children are bound to take care of old and helpless parents.
(5) The republic takes special care of parentless minors and of
parentally neglected children.
Article 64 [Children, Mothers, Disabled]
(1) Everyone has the duty to protect children and helpless
persons.
(2) Children may not be employed before reaching the legally
determined age, nor may they be forced or allowed to do work
which is harmful to their health or morality.
(3) Young people, mothers, and disabled persons are entitled to
special protection at work.
Article 65 [Schooling]
(1) Primary schooling is compulsory and free.
(2) Everyone has access, under the same conditions, to
secondary and higher education in accordance with the abilities.
Article 66 [Private Schools]
Under conditions specified by law, citizens may open private
schools and teaching establishments.
Article 67 [Universities]
(1) The autonomy of universities is guaranteed.
(2) Universities independently decide on their organization and
work in conformity with law.
Article 68 [Science, Culture, Arts, Sports]
(1) Freedom of scientific, cultural, and artistic creativity is
guaranteed.
(2) The Republic shall stimulate and assist the development of
science, culture, and the arts.
(3) The Republic protects scientific, cultural, and artistic goods
as spiritual national values.
(4) Protection of moral and material rights deriving from
scientific, cultural, artistic, intellectual, and other creative
endeavour is guaranteed.
(5) The Republic promotes physical culture and sports.
Article 69 [Health, Environment, Nature]
(1) Everyone has the right to a healthy life.
(2) The Republic ensures citizens the right to a healthy
environment.
(3) Citizens, government, public and economic bodies, and
associations are bound, within their powers and activities, to
pay special attention to the protection of human health, nature,
and the human environment.
Part 1 The Croatian Parliament
Article 70 [Bicameral Parliament]
(1) The Croatian Parliament
(2) The Croatian Parliament consists of the House of
Representatives dom) and the House of Counties.
Article 71 [Elections, Nomination]
(1) The House of Representatives has no less than 100 and no
more than 160 representatives, elected on the basis of direct
universal, and equal suffrage by secret ballot.
(2) Citizens in every county shall, on the basis of universal
suffrage, directly, and by secret ballot, elect 3 representatives to
the House of Counties.
(3) The President of the Republic, upon the expiry of his term,
becomes a lifelong member of the Chamber of Counties unless
he explicitly renounces this duty.
(4) The President of the Republic may nominate up to 5
representatives to the House of Counties from among citizens
especially deserving for the Republic.
Article 72 [Term, Incompatibility, Electoral Law]
(1) Representatives in the Houses of the Croatian Parliament are
elected for a term of four years.
(2) No one can be at the same time a representative in the
House of Representatives and the House of Counties.
(3) The number of and conditions and procedure for the
election of representatives to the Houses of the Croatian
Parliament are regulated by law.
Article 73 [New Elections, First Session]
(1) Elections for representatives in the Houses of the Croatian
Parliament are held not later than 60 days after the expiry of
the mandate or the dissolution of the Houses of the Croatian
Parliament.
(2) The first session of the Houses of the Croatian Parliament is
held not later than 20 days after the completion of the elections.
Article 74 [Free Mandate, Remuneration]
(1) Representatives in the Croatian Parliament do not have an
imperative mandate.
(2) Representatives in the Croatian Parliament have a regular
financial remuneration and other rights specified by law.
Article 75 [Immunity, Indemnity]
(1) Representatives in the Croatian Parliament enjoy immunity.
(2) No representative may be called to account criminally,
detained, or punished for an opinion expressed or a vote cast in
the Parliament.
(3) No representative may be detained, nor shall criminal
proceedings be instituted against him without approval thereof
by the House of which he is a member.
(4) A representative may be detained without assent of his
Parliament only if he has been caught in the act of committing a
criminal offense which carries a penalty of imprisonment of
more than five years. In such a case, the Chairman of the
House concerned has to be notified thereof.
(5) If the House is not in session, approval for the detention of
the representative, or for the continuation of criminal
proceedings against him, shall be given and his right to
immunity decided by the Parliamentary Immunity and Mandate
Commission of his House, such a decision being subject to
subsequent confirmation by the House.
Article 76 [Extended Term]
The term of office of representatives in the Croatian Parliament
may be extended by law only in the case of war.
Article 77 [Dissolution]
(1) The House of Representatives and the House of Counties
may be dissolved if so decided by majority of all their
representatives.
(2) The President of the Republic may, in conformity with the
Constitution, dissolve the House of Representatives.
Article 78 [Sessions]
(1) The Houses of the Croatian Parliament is in regular session
twice a year: the first time between 15 Jan and 30 June, and the
second time between 15 Sep and 15 Dec.
(2) The Houses of the Croatian Parliament sits in emergency
session at the request of the President of the Republic, the
Government, or the majority of representatives in the House.
Article 79 [Rules of Procedures, Chairmen]
(1) The internal organization and mode of work of the House of
Representatives and the House of Counties is regulated by their
respective rules of procedure.
(2) The rules of procedure are passed by a majority vote of all
representatives.
(3) The House of Representatives and the House of Counties
each have a Chairman and one or more Vice-Chairmen.
(4) The rights and duties of the Chairmen and Vice-Chairmen
are defined by the Houses' rules of procedure.
(5) The Chairman of the House of Representatives is the
Chairman of the Croatian Parliament.
Article 80 [Competences of the House of Representatives]
The House of Representatives shall:
- decide on the enactment and amendment of the Constitution;
- pass laws
- adopt the state budget
- decide on war and peace;
- decide on alterations of the borders of the Republic;
- call referenda;
- carry out elections, appointments and relief of office, in
conformity with the Constitution and law;
- supervise the work of the Government of the Republic of
Croatia and other holders of public powers responsible to the
Parliament, in conformity with the Constitution and law;
- grant amnesty for penal offenses;
- conduct other affairs as specified by the Constitution.
Article 81 [Competences of the House of Counties]
The House of Counties:
- shall propose to the House of Representatives bills and the
calling of referenda;
- shall discuss and may give opinion on questions falling within
the competence of the House of Representatives;
- shall give to the House of Representatives prior opinion on the
procedure for the enactment of the Constitution and laws which
regulate national rights, elaborate constitutionally determined
freedoms and rights of man and the citizen and the electoral
system, the organization, responsibilities and operation of
government bodies, and the organization of local
self-government and administration;
- may, within a period of 15 days from the date of the passage
of a law in the House of Representatives, with a substantiated
opinion return the law for re-consideration in the House of
Representatives. In such case, the House of Representatives
shall decide on the passage of such a law by a majority vote of
all representatives, except when the House of Representatives
passes laws by a two-thirds majority;
- shall conduct other affairs as specified by the Constitution.
Article 82 [Voting]
(1) Unless otherwise specified by the Constitution, the House of
Representatives and the House of Counties make decisions by a
majority vote, provided that a majority of representatives are
present at the session.
(2) Representatives vote personally.
Article 83 [Majority]
(1) Laws which regulate national rights are to be passed by the
House of Representatives by a two-thirds majority vote of all
representatives.
(2) Laws which elaborate the constitutionally defined freedoms
and the rights of man and the citizen, the electoral system, the
organization, responsibilities, and operation of local
self-government and administration are to be passed by the
House of Representatives by a majority vote of all
representatives.
Article 84 [Publicity]
Sessions of the Croatian Parliament are public.
Article 85 [Initiative]
All representatives of the House of Representatives, working
bodies of the House of Representatives, the House of Counties,
and the Government of the Republic of Croatia have the right to
propose laws.
Article 86 [Questions]
Representatives in the Houses of the Croatian Parliament have,
in conformity with the rules of procedure, the right to put
questions to the Government of the Republic of Croatia and to
individual ministers.
Article 87 [Referendum]
(1) The House of Representatives may call a referendum
(2) The President of the Republic may, at the proposal of the
Government and with the counter-signature of the Prime
Minister, call a referendum on a proposal for the amendment of
the Constitution or on any other issue which he considers to be
important for the independence, unity and existence of the
Republic.
(3) At such a referendum, a decision must be made by the
majority of the voters who voted, provided that the majority of
the total number of electors have taken part in the referendum.
(4) Decisions made at referenda are binding.
(5) A law has to be passed on referenda.
Article 88 [Decrees]
(1) The House of Representatives may, for a maximum period
of one year, authorize the Government of the Republic of
Croatia to regulate by decrees individual issues falling within its
competence, except those relating to the elaboration of
constitutionally defined freedoms and rights, national rights, the
electoral system, the organization, responsibilities and operation
of government bodies, and local self-government.
(2) Decrees based on statutory authority do not have a
retroactive effect.
(3) Decrees passed on the basis of statutory authority cease to
be valid after the expiry of a period of one year from the date
when the House of Representatives received such authority,
unless otherwise decided by the House of Representatives.
Article 89 [Promulgation]
Laws are promulgated by the President of the Republic within
eight days from the date when they were, in conformity with
the Constitution, passed in the House of Representatives.
Article 90 [Publication, Retroactive Effect]
(1) Before coming into force, laws must be published in the
Republic's Official Gazette.
(2) A law comes into force at the earliest on the eighth day
after its publication, unless otherwise specified by law for
especially justified reasons. Only individual provisions of a law
may have a retroactive effect.
Article 91 [Budget]
(1) State revenues and expenditures are determined by the state
budget.
(2) A law whose application demands financial funds specifies
the sources of such funds.
Article 92 [Inquiry Commissions]
(1) The Houses of the Croatian Parliament may form inquiry
commissions regarding any issue of public interest.
(2) The composition, responsibilities, and powers of inquiry
commissions are regulated by law.
Article 93 [Ombudsman]
(1) An ombudsman
(2) The ombudsman is elected by the House of Representatives
for a term of eight years.
(3) Conditions for the election and relief of office and the mode
of work of the ombudsman and his deputies are regulated by
law.
Article 94 [Head of State]
(1) The President of the Republic of Croatia is the head of
state
(2) The President of the Republic represents the Republic at
home and abroad, is responsible for abiding by the
Constitution, and ensures the continuance and unity of the
Republic and the regular functioning of government.
Article 95 [Election]
(1) The President of the Republic is elected, on the basis of
universal and equal suffrage at direct elections by secret ballot,
for a term of five years.
(2) No one can be President of the Republic more than twice.
(3) The President of the Republic is elected by a majority vote
of all electors who voted. If none of the candidates has
obtained such a majority, a new election is held after 14 days.
(4) The two candidates who at the first election obtained the
largest number of votes have the right to stand at the new
election. If one of the candidates who obtained the largest
number of votes withdraws his candidature, the candidate who
is next in the number of votes obtained acquires the right to be
elected.
(5) Elections for the President of the Republic are held in no
less than 30 and no more than 60 days before the expiry of his
term.
(6) Before assuming duty, the President of the Republic takes a
solemn oath pledging loyalty to the Constitution.
(7) The election of the President of the Republic is regulated by
law.
Article 96 [Incompatibility]
The President of the Republic may not, except for party-related
duties, perform any other public or professional duty.
Article 97 [Replacement]
(1) In the event of the death of the President of the Republic,
his resignation, or his being permanently prevented from
performing his duties, the occurrence of which is established by
the Constitutional Court of Croatia at the proposal of the
Government of the Republic of Croatia, the duty of the
President of the Republic is temporarily assumed by the
Chairman of the Croatian Parliament.
(2) The election of a new President of the Republic is carried
out within 60 days from the date when the former President
ceased to perform his duties.
Article 98 [Competences]
(1) The President of the Republic shall:
- call elections for the Chambers of the Parliament and convene
their first session;
- call referenda, in conformity with the Constitution;
- appoint and relieve of duty the Prime Minister of the Republic
of Croatia;
- at the proposal of the Prime Minister of the Republic of
Croatia appoint and relieve of duty its deputy prime ministers
and members;
- grant pardons;
- confer decorations and other awards specified by law;
- perform other duties specified by the Constitution.
Article 99 [Diplomacy]
(1) The President of the Republic decides, at the Government's
proposal, on the establishment of diplomatic and other
representative offices of the Republic of Croatia abroad.
(2) The President of the Republic appoints and recalls
diplomatic representatives of the Republic of Croatia, receives
letters of credence and letters of recall from foreign diplomatic
representatives.
Article 100 [Commander-In-Chief, Proclamation of War and Peace]
(1) The President of the Republic is commander-in-chief of the
armed forces
(2) The President of the Republic appoints members of the
National Defense Council of the Republic of Croatia and
preside over it, and appoints and relieves of duty military
commanders, in conformity with law.
(3) On the basis of a decision by the Croatian Parliament, the
President of the Republic may proclaim war and conclude
peace.
Article 101 [Decrees]
(1) The President of the Republic passes decrees with the force
of law and takes emergency measures in the event of a state of
war or an immediate danger to the independence and unity of
the Republic, or when government bodies are prevented from
regularly performing constitutional duties. During the time the
President of the Republic is making use of such powers, the
House of Representatives may not be dissolved.
(2) The President of the Republic submits decrees with the
force of law for approval to the Chamber of Representatives as
soon as the Parliament is in a position to meet.
Article 102 [President in Government]
(1) The President of the Republic may convene a session of the
Government of the Republic of Croatia and place on its agenda
items which he deems should be considered.
(2) The President of the Republic presides over sessions of the
Government at which he is present.
Article 103 [Report About the State of the Republic]
The President of the Republic may give to the Croatian
Parliament information of, and shall once a year submit to it a
report on, the state of the Republic.
Article 104 [Dissolution of Parliament]
(1) The President of the Republic may, at the proposal of the
Government and with the counter-signature of the Prime
Minister, after having consulted the Chairman of the House,
dissolve the House of Representatives, if this House has passed
a vote of no confidence to the Government, or if it has not
approved the state budget within a month from the date when it
was proposed.
(2) The President of the Republic may not again dissolve the
House of Representatives before the expiration of one year from
the date of its dissolution.
Article 105 [Impeachment]
(1) The President of the Republic is impeachable for any
violation of the Constitution he has committed in the
performance of his duties.
(2) Proceedings for the impeachment of the President of the
Republic may be instituted by the House of Representatives by
a two-thirds majority vote of all representatives.
(3) The impeachability of the President of the Republic shall be
decided upon the Constitutional Court of Croatia by a two-
thirds majority vote of all justices.
(4) If the Constitutional Court of Croatia sustains the
impeachment, the duty of the President of the Republic shall
cease by force of the Constitution.
Article 106 [Presidential Council, Advisory Bodies]
In the performance of his powers, the President of the Republic
is assisted by a Presidential Council and other advisory and
auxiliary bodies whose members are appointed and recalled by
the President of the Republic.
Article 107 [Executive Power, Bound by Constitution]
The Government
Article 108 [Prime Minister, Ministers]
The Government of the Republic of Croatia consists of a Prime
Minister, Deputy Prime Ministers, Ministers and other
members.
Article 109 [Organization]
(1) The organization, operation and decision-making by the
Government is regulated by law and its rules of procedure.
(2) The internal organization of ministers are regulated by
Government decrees, and services for the conduct of its affairs
is to be set up by it.
Article 110 [Decrees, Powers]
The Government passes decrees in conformity with the
Constitution and law, introduces bills, proposes the state
budget, and enforce laws and other regulations enacted by the
Croatian Parliament.
Article 111 [Responsibilities]
(1) The Government is responsible to the President of the
Republic and the House of Representatives of the Parliament of
the Republic of Croatia.
(2) The Prime Minister, Deputy Prime Ministers and members
of the Government are jointly responsible for the decisions
made by the Government, and are personally responsible for
their respective departments.
Article 112 [Taking of Power]
(1) The Prime Minister shall, not later than 15 days from his
nomination, present the Government to the House of
Representatives and ask for a vote of confidence in the
Government.
(2) The nomination of the Prime Minister and members of the
Government are deemed to have been accepted if confidence in
it has been expressed by a majority of all representatives in the
House of Representatives.
Article 113 [Vote of Confidence]
(1) At the proposal of at least a tenth of the representatives in
the House of Representatives, a vote of confidence to the Prime
Minister, individual Government members or the Government
as a whole may be requested.
(2) A vote of confidence in the Government may also be
requested by the Prime Minister.
(3) No vote of confidence may be taken before the expiry of
three days from the date of service of the proposal to the House
of Representatives.
(4) A no confidence decision shall be accepted if it has been
voted for the majority of the total number of representatives.
(5) If the House of Representatives rejects the proposal for a
vote of no confidence, the representatives who made it may not
again make the same proposal before the expiry of three
months.
(6) If a vote of no confidence to the Prime Minister or the
Government as a whole is passed, the Prime Minister shall
submit his resignation to the President of the Republic, who
shall dissolve the Government.
(7) If a vote of no confidence in an individual member of the
Government is passed, the Prime Minister may resign or may
propose the President of the Republic to relieve of duty the
member of the Government against whom the vote of no
confidence was passed.
Article 114 [State Administration]
(1) The organization of state administration is regulated by law.
(2) Employees in state administration are appointed on the basis
of public competition, unless otherwise specified by law.
Article 115 [Courts, Independence, Bound by Constitution]
(1) Judicial power is exercised by courts
(2) Judicial power is autonomous and independent
(3) Courts administer justice on the basis of the Constitution
and law.
Article 116 [Supreme Court]
(1) The Supreme Court of the Republic of Croatia, as the
highest court, ensures uniform application of laws and equality
of citizens.
(2) The establishment, jurisdiction, composition, and
organization of courts and court proceedings are regulated by
law.
(3) The formation, competence, and organization of the office
of public prosecutor are regulated by law.
Article 117 [Publicity]
(1) Court hearings shall be open and judgements shall be passed
publicly in the name of the Republic of Croatia.
(2) 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.
Article 118 [Justices, Lay-Assessors]
Justice is to be administered by judges and lay-assessors in
conformity with law.
Article 119 [Judicial Indemnity, Judicial Immunity]
(1) Judges and lay-assessors who take part in the administration
of justice cannot be called to account for an opinion given in
the process of judicial decision-making.
(2) Judges, in conformity with law, enjoy the same immunity as
representatives in the Croatian Parliament.
Article 120 [Permanent Office]
(1) Judicial office is permanent.
(2) 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.
(3) 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.
(4) A judge shall not be transferred against his will.
(5) A judge shall not perform an office or work defined by law
as being incompatible with his judicial office.
Article 121 [High Judiciary Council]
(1) 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.
(2) The High Judiciary Council of the Republic has a president
and 14 members.
(3) The president and members are proposed by the House of
Counties and 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.
Article 122 [Membership, President]
(1) The Constitutional Court
(2) The Constitutional Court of the Republic of Croatia elects a
president for a term of four years.
Article 123 [Incompatibilities, Immunity]
(1) Justices of the Constitutional Court of the Republic of
Croatia may not perform any other public or professional
duties.
(2) Justices of the Constitutional Court of Croatia enjoy the
same immunity as representatives in the Croatian Parliament.
Article 124 [Early Dismissal]
A justice of the Constitutional Court of the Republic of Croatia
may be relieved of office before the expiry of the term for
which he was elected if he requests to be relieved, if he is
sentenced to a term of imprisonment, or if he is permanently
incapacitated to perform his office, as established by the Court
itself.
Article 125 [Powers]
(1) The Constitutional court of Croatia shall:
- decide on the conformity of laws with the Constitution;
- decide on the conformity of other regulations with the
Constitution and the law;
- protect the constitutional freedoms and rights of man and the
citizen;
- decide jurisdictional disputes among legislative, executive, and
judicial branches;
- decide, in conformity with the Constitution, on the
impeachability 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
republican referenda, and decide electoral disputes which do not
fall within the jurisdiction of courts;
- conduct other affairs specified by the Constitution.
Article 126 [Constitutional Review]
(1) The Constitutional Court of Croatia shall repeal a law if it
finds it to be unconstitutional.
(2) The Constitutional Court of Croatia shall repeal or annul
any other regulation if it finds it to be unconstitutional or
illegal.
Article 127 [Organization by Constitutional Law]
(1) Conditions for the election of justices 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 the legal effect of its decisions, protection of the
constitutional freedoms and rights of man and the citizen, 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 Law.
(2) The Constitutional Law is passed by the procedure
determined for amending the Constitution.
(3) The internal organization of the Constitutional Court of the
Republic of Croatia is regulated by its rules of procedure.
Article 128 [Local Self-Government]
(1) Citizens are guaranteed the right to local self-government
(2) The right to local self-government includes the right to
decide on needs and interests of local significance, particularly
on regional development and town planning, organization of
localities and housing, public utilities, child care, social
welfare, culture, physical culture, sports and technical culture,
and the protection and promotion of the environment.
(3) A law shall be passed on local self-government.
Article 129 [Units and Bodies]
(1) Units of local self-government are, in conformity with law,
municipalities and districts or towns. Their areas are determined
by law after the opinion of the inhabitants of the areas
concerned has been heard.
(2) The organization and responsibilities of the bodies of local
self-government units are regulated by their statutes in
conformity with law.
(3) Citizens may directly participate in the management of local
affairs, in conformity with law and the statute of local
self-government units.
(4) Citizens also have the right to establish, in conformity with
law, other forms of local self-government in localities and parts
thereof.
Article 130 [Independence, Supervision]
(1) Units of local self-government are, in conformity with law
and by-laws, independent in the conduct of local affairs and
only subjected to the supervision of legality by competent
bodies of the Republic.
(2) In municipalities and districts or towns, local
self-government bodies may be established by law. The
organization and responsibilities of such bodies is regulated by
law.
(3) Specific affairs of state administration may be by law
transferred to the responsibility of local self-government bodies.
In conducting such affairs, bodies of local self-government units
shall be subordinate, in conformity with law, to bodies of state
administration.
Article 131 [Determination of Counties]
(1) Counties are units of local administration and
self-government. Areas of counties are determined by law so as
to express the historical, transport, and economic factors, and
to natural self-government units within the framework of the
Republic.
(2) The organization and responsibilities of County bodies are
determined by law.
(3) Large towns may by law be organized as counties.
Part 1 International Agreements
Article 132 [Concurrent Power]
International agreements are, on behalf of the Republic of
Croatia, concluded by the President of the Republic, but may
also be concluded, in conformity with law, by the Government
of the Republic of Croatia.
Article 133 [Ratification, Qualified Ratification]
(1) International agreements which entail the passage or
amendment of laws, international agreements of a military and
political nature, and international agreements which financially
commit the Republic are subject to ratification by the Croatian
Parliament.
(2) International Agreements which grant international
organizations or alliances powers derived from the Constitution
of the Republic of Croatia are subject to ratification by the
Croatian Parliament by a two-thirds majority vote of all
representatives.
Article 134 [Priority Over Law]
International agreements concluded and ratified in accordance
with the Constitution and made public are part of the Republic's
internal legal order and are in terms of legal effect above law.
Their provisions may be changed or repealed only under
conditions and in the way specified in them, or in accordance
with the general rules of international law.
Article 135 [Initiative, Majority, Referendum]
(1) Procedure for the association of the Republic of Croatia in
alliances with other states may be instituted by at least one third
of the representatives in the Croatian Parliament, by the
President of the Republic, or by the Government of the
Republic of Croatia.
(2) Such association of the Republic shall first be decided upon
by the Croatian Parliament by a two-thirds majority vote of all
representatives.
(3) The decision concerning the Republic's association must be
made on the basis of a referendum by a majority vote of the
total number of electors in the Republic.
(4) Such referendum shall be held within 30 days from the date
the decision was rendered by the Croatian Parliament by a
two-thirds majority vote of all representatives.
(5) The decision concerning the republic's association is made
on the basis of a referendum by a majority vote of the total
number of electors in the Republic.
(6) Such referendum shall be held within 30 days from the date
the decision was rendered by the Croatian Parliament.
(7) The provisions of this Constitution concerning association
shall also relate to conditions and procedure for secession of the
Republic of Croatia, except when owing to extraordinary
circumstances the Croatian Parliament may, at the proposal of a
third of the representatives, or of the President of the Republic,
or the Government of the Republic of Croatia, for the purposes
of protection of the Republic of Croatia, decide on secession by
a two-thirds majority vote of all representatives present.
Article 136 [Initiative]
Amendment of the Constitution of the Republic of Croatia may
be proposed by at least one fifth of the representatives in the
House of representatives of the Croatian Parliament, the
President of the Republic, and the Government of the Republic
of Croatia.
Article 137 [Starting Proceedings]
(1) The House of Representatives, upon hearing the opinion of
the House of Counties, decides by a majority vote of all
representatives whether or not to start proceedings for the
amendment of the Constitution.
(2) A draft amendment of the Constitution requires a majority
vote of all representatives.
Article 138 [Majority]
A decision to amend the Constitution requires, on the basis of a
prior opinion of the House of Representatives, a two-thirds
majority vote of all representatives.
Article 139 [Promulgation]
The amendment of the Constitution is promulgated by the
House of Representatives of the Croatian Parliament.
Article 140 [Yugoslavia, Protection Against Serbia]
(1) The Republic of Croatia remains part of the Socialist
Federal Republic of Yugoslavia until a new agreement is
reached by the Yugoslav republics, or until the Croatian
Parliament decides otherwise.
(2) If the territorial integrity of the Republic of Croatia is
infringed by an act of or procedure by federal organ or an
organ of other republics or provinces, members of the
Federation, or if the Republic is brought into an unequal
position in the federation, or its interests are endangered, the
republic of Croatia's organs shall, on the basis of the right to
self-determination
Article 141 [Implementation, Elections]
(1) This Constitution applies as of the date of its promulgation
by the Croatian Parliament, unless otherwise specified by the
Constitutional Law for its implementation regarding the
application of its individual provisions.
(2) Elections for the Croatian Parliament and the President of
the Republic are called in accordance with the electoral laws,
which are passed not later than one year after the promulgation
of this Constitution.
Article 142 [Constitutional Law for Implementation]
A Constitutional Law shall be passed for the implementation of
this Constitution.