What is a constitution? Which are main types of constitutions? When was the Constitution of the Republic of Croatia adopted? What kind of a state.

What is a constitution? Which are main types of constitutions? When was the Constitution of the Republic

of Croatia adopted? What kind of a state is Croatia?

A constitution is a __________ document and the __________ legal act of a state.

A constitution ____________ the state. A constitution establishes the

_______________ of a political community.

A constitution is a BASIC document and the SUPREME legal act of a state.

A constitution FORMS/CONSTITUTES the state.

A constitution establishes the FUNDAMENTAL PRINCIPLES of a political community.

Translate the following phrases: Vlast proizlazi iz naroda Neprenosiv suverenitet Nepovredivost vlasništva Izvršna grana vlasti

Vlast proizlazi iz naroda – power derives from the people

Neprenosiv suverenitet – untransferable sovereignty

Nepovredivost vlasništva – inviolability of ownership

Izvršna grana vlasti – executive branch

Insert the missing verbs: The people shall __________ power through

the election of representatives The Republic of Croatia may __________

alliances with other states Government shall be __________ on the

principle of separation of powers Everyone shall _______ the legal order

The people shall EXERCISE power through the election of representatives

The Republic of Croatia may CONCLUDE alliances with other states

Government shall be ORGANIZED on the principle of separation of powers

Everyone shall RESPECT the legal order

Insert prepositions: Power belongs __ the people Laws shall conform __ the Constitution Everone shall abide __ the Constitution All shall be equal ___ the law

Power belongs TO the people Laws shall conform TO the Constitution Everone shall abide BY the Constitution All shall be equal BEFORE the law

Think of a definition of rule of law! Why is it called a rule? What does it provide?

A legal principle, of general application, sanctioned by the recognition of authorities OR a doctrine that all men are equal before the law

Called a “rule”, because in doubtful or unforeseen cases it is a guide or norm for the decision

Provides that decisions should be made by the application of known principles or laws without the intervention of discretion in their application

Article 117 Judicial power shall be exercised by courts Judicial power shall be independent and

autonomous Courts shall administer justice according to

the Constitution and law

The highest court is the Supreme Court Its main purpose: to ensure a uniform

application of law and equal justice to all

Appointed and relieved from duty by the Croatian Parliament at the proposal of the President of the Republic, with a prior opinion of the general session of the Supreme Court and of the authorized committee of the Croatian Parliament

Four-year term of office

Court hearings are public and judgments are pronounced publicly in the name of the Republic of Croatia

Public may be barred to protect the interests of morality, public order or national security

In particular if minors are tried, or in order to protect private lives of the parties, or in marital disputes and proceedings in connection with guardianship (custody) and adoption

The public may be barred for the purpose of protecting military, official or business secrets and for the protection of the security and defense of the Republic of Croatia, but only to the extent which is in the opinion of the court absolutely necessary in specific circumstances in which the public might be harmful to the interest of justice

Courts of General Jurisdiction Courts of Special Jurisdiction

Municipal CourtsCourts of the Counties (County Courts)The Supreme Court

Misdemeanor courtsCommercial courtsAdministrative courtsThe Constitutional Court

The cornerstones of judicial practice in Croatia.

These courts judge in all disputes except in those where law explicitly determines jurisdiction of another court.

These courts are organised hierarchically in three instances and divided into regions.

Courts with first instance jurisdiction in civil and criminal cases

in criminal division the municipal courts judge in all cases where penalty goes up to ten years

in civil litigation municipal courts are first instance courts in all procedures (support suits, torts, family relations etc.)

hold land registers

Second instance courts On occasion, these courts are used as first

instance courts: in criminal cases if the penalty is more than ten years or by special regulation (the compensation for expropriated real estate, certain rights)

They decide in matters of conflict of jurisdiction among municipal courts

A court of full jurisdiction with respect to court decisions and it can void them, confirm them or revise them

The appellate court in all cases where municipal court was the first instance

The Supreme Court starts the process of constitutional challenge – constitutional review of the law in the Constitutional Court

In accordance with the Constitution of 1990, this Court decides on the conformity of laws with the Constitution and may repeal a law if it finds it to be unconstitutional

It decides on the conformity of other regulations with the Constitution and law and may repeal or annul any other legislation if it finds it to be unconstitutional or illegal

The Constitutional Court protects the constitutional freedoms and rights of citizens in proceedings instituted by a constitutional complaint

It also decides jurisdictional disputes among the legislative, executive and judicial branches

The Constitutional Court consists of eleven judges elected by Parliament for a term of eight years, from among outstanding jurists, especially judges, public prosecutors, lawyers and university professors of law

Judges may not perform any other public or professional duty

The Court elects a president for a term of four years

A judge of the Constitutional Court may be removed from office before the expiry of the term for which they were elected if:

they so request; If they are sentenced to a term of

imprisonment; If they are permanently incapacitated for

performing the office

Uniform application of laws – jedinstvena primjena zakona

Term of office – mandat Court hearing – sudska rasprava Public may be barred – javnost se može

isključiti Marital disputes – bračni sporovi Misdemeanors - prekršaji

Municipal courts – općinski sudovi County courts – županijski sudovi First instance jurisdiction – prvostupanjska

nadležnost Natural person – fizička osoba Legal (artificial) person – pravna osoba