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The fundamental provisions concerning the Constitutional Court of the Republic of Croatia are contained in Chapter V of the Constitution entitled "The Constitutional Court of the Republic of Croatia".
The fundamental provisions on the jurisdiction of the Constitutional Court are entailed in Articles 125, 125a and 126, Article 6 paragraph 4, Article 89 paragraph 2, Article 95 paragraph 6, Article 97 paragraphs 2 and 3, Article 105 paragraphs 3, 4 and 5, Article 105a paragraphs 2 and 3 and Article 120 paragraphs 3, 4 and 5 of the Constitution of the Republic of Croatia.
The majority of competences of the Constitutional Court, as determined in the Constitution, are elaborated in the Constitutional Act on the Constitutional Court of the Republic of Croatia, which is passed in the procedure determined for amending the Constitution (Article 127).
The Constitutional Court of the Republic of Croatia:
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may review the constitutionality of a law, and the constitutionality and legality of other rules and regulations which have lost legal force, if no more than a year has elapsed between the date when they went out of force and the date when the request or proposal to initiate the proceedings was lodged - and if the Constitutional Court establishes that the law is not in accordance with the Constitution, or that another regulation is not in accordance with the Constitution and the law, it will pass a decision declaring the unconstitutionality or illegality
See Article 125 indent 3 and Article 126 paragraph 3 of the Constitution of the Republic of Croatia and Article 56 of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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decides on constitutional complaints against the individual decisions of state bodies, bodies of local and regional self-government and legal persons 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
See Article 125 indent 4 of the Constitution of the Republic of Croatia and Chapter V (Articles 62 to 80) of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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decides on the impeachment of the President of the Republic - the President of the Republic is impeachable for any violation of the Constitution that he/she committed in the performance of his/her duties; proceedings for the impeachment of the President may be instituted by the Croatian Parliament by a two-thirds majority vote of all representatives; the impeachment of the President of the Republic is decided upon by the Constitutional Court by a two-thirds majority vote of all the judges; the Constitutional Court has to decide upon the impeachment of the President of the Republic during the term of 30 days from the day when the proposal to impeach the President for violation of the Constitution was submitted; if the Constitutional Court sustains the impeachment, the duty of the President of the Republic ceases by force of the Constitution
See Article 125 indent 7 and Article 105 of the Constitution of the Republic of Croatia and Chapter VII (Articles 83 and 84) of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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gives prior approval for the detention and initiation of criminal proceedings against the President of the Republic - pursuant to the Constitution, the President of the Republic enjoys the immunity; the President of the Republic may not be detained nor may any criminal prosecution be instigated against him/her without prior approval by the Constitutional Court; the President of the Republic may be detained without approval of the Constitutional Court only if he/she has been caught in the perpetration of a criminal offence carrying a sentence of imprisonment exceeding five years. In such a case, the governmental body which has detained the President of the Republic has to immediately notify the President of the Constitutional Court
See Article 105a paragraphs 2 and 3 of the Constitution of the Republic of Croatia
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supervises the constitutionality of the programs and activities of political parties - political parties, which by their program or violent activities aim to disrupt the free democratic order or endanger the existence of the Republic of Croatia, are unconstitutional; the decision on unconstitutionality is rendered by the Constitutional Court, which may, in accordance with the Constitution, ban their work
See Article 125 indent 8 and Article 6 paragraph 4 of the Constitution of the Republic of Croatia and Chapter VIII (Articles 85 and 86) of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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supervises the constitutionality and legality of elections and national referenda, and decides on the electoral disputes that are not within the jurisdiction of courts
See Article 125 indent 9 of the Constitution of the Republic of Croatia and Chapter IX (Articles 87 to 96) of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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has supervisory control over passing regulations for executing the Constitution, laws and other regulations - if the Constitutional Court finds that the competent body has not issued a rule or a regulation needed for the application of the Constitution, law or other regulations, and was obliged to issue such a regulation, it will notify the Government thereof, while the Croatian Parliament will be notified about the regulations that the Government was obliged to enact
See Article 125a of the Constitution of the Republic of Croatia and Chapter XII (Article 105) of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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decides on appeal against the decision to relieve a judge of office, and the decision about the disciplinary responsibility of a judge - a judge has the right to appeal to the Constitutional Court against the decision of the National Judicial Council on being relieved of his/her duty within the term of 15 days from the day when the decision was delivered, and the Constitutional Court has to decide on the appeal in the term of 30 days from the date when the appeal was filed, in the way and by the procedure laid down in the Constitutional Act on the Constitutional Court of the Republic of Croatia. The Constitutional Court decision on the appeals of judges exclude the right to lodge a constitutional complaint
See Article 120 paragraphs 3, 4 and 5 of the Constitution of the Republic of Croatia and Chapter X (Articles 97 to 102) of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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before assuming duty, the President of the Republic of Croatia takes a solemn oath before the President of the Constitutional Court, swearing loyalty to the Constitution
See Article 95 paragraph 6 of the Constitution of the Republic of Croatia
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on the proposal of the Government, decides that the President of the Croatian Parliament shall assume the duty of the temporary President of the Republic - in cases when the President of the Republic is prevented from performing his duties for a longer period of time, because of illness or inability, and particularly if he/she is unable to decide on entrusting his/her duties to a temporary substitute, the President of the Croatian Parliament shall assume the duty of temporary President of the Republic upon the decision of the Constitutional Court; the Constitutional Court shall decide thereof on the proposal of the Government
See Article 97 paragraphs 2 and 3 of the Constitution of the Republic of Croatia
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at the request of the Croatian Parliament, in the case when ten percent of the total number of voters in the Republic of Croatia request calling a referendum, the Constitutional Court shall establish whether the referendum question is in accordance with the Constitution, and whether the requirements prescribed by the Constitution for calling the referendum have been met; the Constitutional Court is obliged to pass the decision within the term of 30 days after the request was filed
See Article 95 of the Constitutional Act on the Constitutional Court of the Republic of Croatia
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