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Judicial systems in Member States - Croatia

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Judicial system in the Republic of Croatia

The Constitution of the Republic of Croatia provides that the authority in the Republic of Croatia is organised on the principle of the tri-participation of powers, namely the legislative power exercised by the Croatian Parliament, the executive power exercised by the Government of the Republic of Croatia and the judiciary held by the courts of the Republic of Croatia, which the authorities cooperate with each other and are mutually reviewed, while maintaining independence in their work and decision-making from other branches of government. As holders of judicial authority, the courts rule on the basis of the Constitution, laws, regulations and international treaties signed and ratified by the Republic of Croatia. The judicial office shall be held by judges appointed by the National Council for the Judiciary. In the exercise of their judicial functions, judges shall be independent and independent and shall enjoy immunity in accordance with the Act. The office of judge is permanent and a judge may not perform any other function other than that of a judge.

The judicial system (justice) of the Republic of Croatia consists of the judiciary (courts), independent and independent judicial bodies (prosecutions), the executive (Ministry of Justice), independent and independent bodies (the National Council for the Judiciary and the National Council of the Judiciary), an independent and independent service (lawyer), an independent and independent public service (notaries) and a public institution (Judicial Academy).

Organisation of the judicial system in the Republic of Croatia

The task of the Ministry of Justice is to preserve the fundamental values of the legal order, to ensure the conditions for a good functioning and to further build up the justice system.

The Ministry of Justice carries out:

  • administrative and other tasks relating to:
  • civil, criminal, criminal, commercial and administrative justice law, organisation and work, and professional training in bodies executing criminal and misdemeanour sanctions, administrative and other tasks in the notarial and legal profession, court and notarial fees, international legal aid and other forms of legal assistance, the execution of criminal and administrative sanctions, pardons and conditional releases, administrative and professional probation work in decision-making on prosecution and choice of the type and measures of criminal sanctions, the enforcement of criminal and criminal sanctions by the perpetrators of criminal law, pardonsment and probation, administrative and professional probation activities, information on prosecution and choice of the type and measures of criminal sanctions, the enforcement of criminal and criminal sanctions, the execution of criminal sanctions, pardons and conditional releases, administrative and professional probation work for victims of criminal law, the choice of type and measures of criminal sanctions, the enforcement of criminal and criminal sanctions, the execution of criminal sanctions, pardons and probation, administrative and professional probation work, information for victims of criminal law and the choice of the type and measure of criminal sanctions, the enforcement of criminal and criminal sanctions, the execution of criminal sanctions, pardons and parity releases, administrative and professional probation work for victims of prosecution and the choice of the type and measure of criminal sanctions, the enforcement of criminal and criminal sanctions, the enforcement of criminal law, pardons and conditional releases, administrative and professional probation activities for victims of criminal prosecution and the choice of the type and measure of criminal sanctions, the enforcement of criminal and criminal sanctions, the execution of criminal sanctions, pardons and paroles, administrative and professional probation services, the prosecution of criminal justice and the choice of the type and measure of criminal sanctions, the enforcement of criminal and criminal sanctions, the enforcement of criminal sanctions, pardons and paroles, administrative and professional probation work, the prosecution of criminal law and the choice of the type and measure of criminal sanctions, the enforcement of criminal sanctions, the enforcement of criminal penalties, pardoning and paroles, administrative and professional probation work, the prosecution of criminal offences, the choice of the type and measure of criminal sanctions, the enforcement of criminal and administrative sanctions, the enforcement of criminal law, pardonation and probation, administrative and professional probation work in decision-making on prosecution and the choice of the type and measure of criminal sanctions, the enforcementof criminal
  • administrative and other tasks relating to:

property rights, property rights in connection with expropriation and other restrictions on property, property law in respect of building, agricultural and forestry land, consolidation, transport of land and buildings and parts of agrarian operations outside the remit of another state administration body, property of foreign nationals, compensation operations for property confiscated under the Yugoslav Communist Government which do not fall within the remit of another state administration body, and tasks relating to the succession of assets, rights and obligations of the former SFRY,

  • administrative and professional tasks relating to the cooperation of the Government of the Republic of Croatia with international criminal courts, representation of the Republic of Croatia before the International Court of Justice and other international courts, unless otherwise decided by a specific decision of the Government of the Republic of Croatia, and tasks relating to the protection of human rights and the rights of national minorities which do not fall within the remit of another state administration body;
  • participates with the ministry responsible for managing state assets in the management and disposal of shares and shares of companies which constitute state assets owned by the Republic of Croatia and in respect of companies principally engaged in activities falling within the area prescribed by the Ministry;
  • tasks relating to the participation of the Republic of Croatia in the work of the bodies of the European Union in areas falling within its competence;
  • and other tasks which have been placed under the jurisdiction of a special law.

Courts in the Republic of Croatia

The Courts Act governs the organisation, scope and effective jurisdiction of courts.

In the Republic of Croatia, the judiciary is exercised by the courts as special state authorities. They shall perform them autonomously and independently within the scope and competence defined by law.

The courts deliver judgments on the basis of the Constitution of the Republic of Croatia, international treaties which form part of the legal order of the Republic of Croatia and laws and other regulations adopted in accordance with the Constitution of the Republic of Croatia, international treaties and laws.

The courts rule on disputes concerning fundamental rights and obligations of human beings, on the rights and obligations of the Republic of Croatia and local and regional self-government units and on the rights and obligations of other legal persons, impose penalties and other measures on perpetrators of crimes and offences laid down by law and other regulations, rule on the legality of general and individual acts of public law bodies, settle disputes concerning the personal relations of citizens, labour, commercial, property and other civil law disputes, and rule on other legal matters where the law so provides. Courts judge on the basis of the Constitution, international treaties, laws and other applicable sources of law.

The judiciary in the Republic of Croatia is administered by the ordinary and specialised courts and the Supreme Court of the Republic of Croatia, which is also the highest court in the Republic of Croatia.

Ordinary courts are the courts which deal with matters in which no specialised court has jurisdiction. These are municipal and county courts.

Specialised courts are courts that deal with matters where jurisdiction is provided by law. These are commercial courts, administrative courts, misdemeanour courts, the High Commercial Court of the Republic of Croatia, the High Administrative Court of the Republic of Croatia and the High Misdemeanour Court of the Republic of Croatia.

Apart from that division, the courts are divided into first and second instance.

First-instance courts are seised of proceedings concerning the resolution of a legal question. These are municipal, administrative, misdemeanour and commercial courts.

Appeals against decisions of courts of first instance are heard at second-instance courts and other tasks prescribed by law are carried out. These are county courts (in relation to municipal courts), the High Commercial Court of the Republic of Croatia (relating to commercial courts), the High Misdemeanour Court of the Republic of Croatia (relating to misdemeanour courts) and the High Administrative Court of the Republic of Croatia (in relation to administrative courts).

Municipal and misdemeanour courts are established for the territory of one or more municipalities, one or more cities or parts of urban areas, while county, commercial and administrative courts for the territory of one or more counties.

The High Commercial Court of the Republic of Croatia, the High Administrative Court of the Republic of Croatia, the High Misdemeanour Court of the Republic of Croatia and the Supreme Court of the Republic of Croatia are established in the territory of the Republic of Croatia.

Supreme Court of the Republic of Croatia

The Supreme Court of the Republic of Croatia has its seat in Zagreb.

  1. ensures the uniform application of the law and equality of all in its application,
  2. decides on ordinary remedies where a special law so provides;
  3. decides on extraordinary remedies against final decisions of courts in the Republic of Croatia;
  4. resolves a conflict of jurisdiction where a special law so provides;
  5. it examines current issues of case law, analyses the training needs of judges, court secretaries and judicial trainees, and performs other tasks as defined by law.

Supreme Court of the Republic of Croatia
Trg Nikola Šubića Zrinsko 3
10 000 Zagreb
tel: + 385 1 486 22 22, + 385 1 481 00 36
fax: + 385 1 481 00 35
e-mail: Link opens in new window vsrh@vsrh.hr http 
Link opens in new window://

President of the Supreme Court of the Republic of Croatia

The President of the Supreme Court of the Republic of Croatia represents the Supreme Court of the Republic of Croatia and the judiciary and performs judicial administration and other tasks defined by law and the Rules of Procedure of the Supreme Court of the Republic of Croatia.
The President of the Supreme Court of the Republic of Croatia, subject to the opinion of the General Meeting of the Supreme Court and the competent committee of the Croatian Parliament, shall be elected by the Croatian Parliament for four years at the proposal of the President of the Republic of Croatia and may be re-elected for the same post at the end of that period. No one may be elected for this post more than twice. A person who fulfils the general and special conditions for a judge of the Supreme Court of the Republic of Croatia may be elected
President of the Supreme Court of the Republic of Croatia. If a person who has not held a judicial office in that court is elected President of the Supreme Court of the Republic of Croatia, the National Council for the Judiciary will also appoint him as a judge of that court.

TheAreas and Seats of Courts Act (Narodne Novine (NN; Official Gazette of the Republic of Croatia) No 67/18) implemented a territorial organisation and further rationalisation of the court network, creating 15 county courts, 34 municipal courts, 9 commercial courts and 4 administrative courts.

Link opens in new windowCourts Act

Territory Link opens in new windowand Seat of Courts Act

Judicial authorities

The judicial authorities in the Republic of Croatia comprise courts and public prosecutor’s offices.

Courts

Supreme Court of the Republic of Croatia

County Courts(15)

High Commercial Court(1)

High Administrative Court(1)

High Misdemeanour Court(1)

Municipal courts(34)

Commercial courts(9)

Administrative courts(4)

Prosecutor

The State Attorney’s Office is an autonomous and independent judicial body authorised and obliged to act against offenders and other offences, to take legal action to protect Croatia’s property and to submit legal remedies for the protection of the Croatian Constitution and laws.

The State Attorney’s Office shall exercise its powers on the basis of the Constitution of the Republic of Croatia, international treaties forming part of the legal order of the Republic of Croatia, the acquis communautaire, laws and other sources of law.

The State Attorney’s Office of the Republic of Croatia is established for the entire territory of the Republic of Croatia, and municipal State Attorney’s Offices are also organised in the Republic of Croatia to deal with municipal courts and public law bodies, as well as county state attorney’s offices for dealing with county, commercial and administrative courts. The law may establish special public prosecutor’s offices to deal with certain types of cases and before legally designated courts.

Municipal state attorneys’ offices are subordinate to the county state attorney’s offices and the county state attorney’s offices and special state attorney’s offices are subordinate to the State Attorney’s Office of the Republic of Croatia.

A public prosecutor’s office is headed by a public prosecutor who is responsible for the performance of tasks within the remit of the public prosecutor’s office which he represents and manages.

The State Attorney General of the Republic of Croatia is head of the State Attorney’s Office of the Republic of Croatia. A person may be appointed as Attorney General of the Republic of Croatia who meets the general and specific conditions for appointment as Deputy Prosecutor General of the Republic of Croatia and appointed by the Croatian Parliament, on a proposal from the Croatian Government, subject to the opinion of the Justice Committee of the Croatian Parliament for a period of four years and may be reappointed for the same post at the end of that period. No one may be appointed to this post more than twice.

The Act on the Areas and Seats of Public Prosecution Offices (Narodne Novine (NN; Official Gazette of the Republic of Croatia) No 67/18) rationalised the network of state attorney’s offices, creating 15 county state attorney’s offices and 25 municipal state attorney’s offices.

State attorney’S Office of the Republic of Croatia

Office for Combating Corruption and Organised Crime

County State Attorney’s Offices

Municipal State Attorney’s Offices

State Attorney’s Office of the Republic of Croatia
Gajeva 30a, 10 000 Zagreb
Link opens in new windowhttp://www.dorh.hr/

Prosecutor General
tel: + 385 1 459 18 88
fax: + 385 1 459 18 54
e-mail: Link opens in new windowtajnistvo.dorh@dorh.hr

Criminal Division
Tel: + 385 1 459 18 00
fax: + 385 1 459 18 05
e-mail: Link opens in new windowtajnistvo.kazneni@dorh.hr

Civil Administrative Division
tel: + 385 1 459 18 61
fax: + 385 1 459 19 12
e-mail: Link opens in new windowTajnistvo.gradjanski@dorh.hr [CJ1]

Link opens in new windowCounty and municipal State Attorney’s Offices

Link opens in new windowLaw on the Public Prosecutor’s Office

Link opens in new windowAct on Areas and Headquarters of Public Prosecutors’ Offices

Office for Combating Corruption and Organised Crime

The Office for the Prevention of Corruption and Organised Crime (USKOK) is a special public prosecutor’s office specialising in the prosecution of corruption and organised crime, based in Zagreb, which is responsible for the entire territory of the Republic of Croatia. The competence of the Office for the Prevention of Corruption and Organised Crime is set out in the Act on the Office for the Prevention of Corruption and Organised Crime.

Office for Combating Corruption and Organised Crime
Gajeva 30a
10 000 Zagreb
tel: + 385 4591 874
fax: + 385 1 4591 878
e-mail: Link opens in new windowtajnistvo@uskok.dorh.hr

Link opens in new windowLaw on the Office for the Prevention of Corruption and Organised Crime


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Last update: 18/11/2020