The Constitutional Court of the Republic of Croatia

Chapter V The Constitutional Court of the Republic of Croatia

Article 122: Membership, President

1. The Constitutional Court of the Republic of Croatia consists of 11 justices elected by the House of Representatives at the proposal of the House of Counties for a term of eight years from among outstanding jurists, especially judges, public prosecutors, lawyers, and university law professors.

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:
  1. decide on the conformity of laws with the Constitution;
  2. decide on the conformity of other regulations with the Constitution and the law;
  3. protect the constitutional freedoms and rights of man and the citizen;
  4. decide jurisdictional disputes among legislative, executive, and judicial branches;
  5. decide, in conformity with the Constitution, on the impeach ability of the President of the Republic;
  6. supervise the constitutionality of the programs and activities of political parties and may, in conformity with the Constitution, ban their work;
  7. supervise the constitutionality and legality of elections and republican referendum, and decide electoral disputes which do not fall within the jurisdiction of courts;
  8. 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.