: UPDATE: The Croatian Legal System and Legal Research
By Dunja Kuecking, Milivoje Žugi?, and Tajana Pazman
Published May 2007
Dunja Kuecking is a graduate of the Faculty of Dentistry of the University of Zagreb (1983). Since 1996, she has been the head of the Center for legal research and documentation, Intellectio Iuris, whose job is to analyze, systematize, and make available on the Internet a catalogue of court practices and legal articles in Croatia. Intellectio Iuris is a legal database of Croatia's laws, court decisions, articles and interpretations, and selected documents in English.
Milivoje Žugi? is a graduate of the Faculty of Law of the University of Zagreb (1969). He worked as a judge until 1982, when he entered a private law practice. He lives and works in Zagreb, and specializes in land registry law. He is the author of a paper about the legal position of clients of the Bank of Ljubljana (Ljubljanska Banka) after the dissolution of former Yugoslavia.
Tajana Pazman is a graduate of the Faculty of Law of the University of Zagreb (2007). She is working at the Center for legal research and documentation Intellectio Iuris as a legal information specialist. Intellectio Iuris is a legal database of Croatia's laws, court decisions, articles and interpretations, and selected documents in English.
Table of Contents
The Structure of the Croatian Government
Courts of General Jurisdiction
Non-governmental organizations in Croatia
Harmonisation of Laws with the European Union regulation (acquis communautaire)
How did the Republic of Croatia come into being and what is its legal basis? Croatia was established with the dissolution of Socialist Federative Republic of Yugoslavia (SFRY) and it is one of its legal successors. The document that supports its existence as an independent state is the Constitutional Decree of Sovereignty and Independence of Republic of Croatia, published on June 25, 1991.
Therein, the Republic of Croatia proclaims its sovereignty and independence from the former Socialist Federative Republic of Yugoslavia.
The second document that justifies Croatia’s independence is the decision the Parliament made on October 8, 1991 to seek international acceptance as an independent state. In Croatia’s national law, this date is considered to be the first day of the beginning for Croatia as an independent state although Croatia was not officially recognized as a state until January 15, 1992. That date could be considered its international birthday.
A hierarchy of legal norms characterizes the legal system in Croatia. They are arranged in four levels, and the norms lower in rank have to be congruent with those of higher levels. The highest norm is the Constitution – the fundamental law. The constitution was originally made on December 22, 1990. It went through some important changes in 1997, 2000 and 2001 (Constitution of the Republic of Croatia Official gazette number 56/90, 135/97, 8/98- consolidated version, 113/00, 124/00 – consolidated version and 28/01).
It is based on two important principles: division of power in the government and the rule of law. Ranking in importance after the constitution are constitutional laws (4), international contracts, laws and sub-statutory acts. The Parliament of the Republic of Croatia enacts the first three while bodies of executive power are bringing sub statutory acts.
Croatia is a parliamentary democracy. Croatia possesses a multi-party system based on the principle of three branches of government (system of tripartite authority).
To some experts, its specific jurisdiction makes the Constitutional Court a fourth authority/power.
Each one of these branches of government has the highest authority in its sphere of influence. The legislative branch has the highest authority in making laws, executive in executing those laws, and judicial in judging its subjects. The Constitutional court could be sui generis considered a fourth portion of the government. The chiefs of local executive bodies are nominated and are exempted from their posts by the President.
For additional information, please also see the final section in this guide, Online Resources in Croatia.
The highest organ of the judicial branch is the Parliament of the Republic of Croatia (Sabor Republike Hrvatske). The Parliament has only one house, and representatives (zastupnici) to the Parliament are elected in direct parliamentary elections, held once every four years. Eligible voters are all men and women over the age of 18. The Election Act regulates the elections in detail.
The Parliament has 152 representatives and authority to enact laws in any session where a majority of representatives are present. There are two kinds of laws:
The Parliament is entitled to declare Organic laws if the “qualified majority” (2/3 of present representatives) votes for their passing.
Considering the fact that Croatia is a parliamentary democracy, the executive power is divided between the President (Predsjednik Republike Hrvatske) and the Cabinet (Government of the Republic of Croatia). The President is elected in direct presidential elections for a period of five years, and can serve two terms. The President represents the state in the country and abroad, and his powers are essentially those of state protocol. He has the authority to dissolve the Parliament and he proposes a candidate for a mandate of Prime Minister. The Cabinet holds the highest executive power in Croatia. According to protocol, the President appoints the Prime Minister of the Cabinet who is usually a president of the party that has most votes in the Parliament. The Prime Minister is confirmed by the Parliament, and he has the power to appoint the members of his Cabinet. The Cabinet of the Republic of Croatia is made up of the Prime Minister and 13 ministries and one vice-president of Government for Economy.
The Government of the Republic of Croatia is a body which shall exercise the executive powers in conformity with the Constitution and law; its internal organization, operational procedures and decision-making process are defined by the Law on the Government of the Republic of Croatia and the Rules of Procedure of the Government.
The Government shall pass decrees, introduce legislation, propose the state budget and enforce laws and other regulations enacted by the Croatian Sabor. Within the scope of its powers, the Government shall also pass decrees, administrative acts and orders on appointments and relief of appointed officials and civil servants. The Government shall decide in cases of conflict of jurisdiction between government institutions, give answers to representatives' questions, prepare proposals of laws and other regulations, give opinion on laws and other regulations and adopt strategies of economic and social development.
The Government shall consist of the Prime Minister, plus one or more Deputy Prime Ministers and Ministers.
The Government shall answer to the Croatian Sabor. The Prime Minister and the members of the Government shall be jointly responsible for decisions passed by the Government and individually responsible for their respective portfolios.
Pursuant to the decision of the Croatian Sabor which expressed confidence in the Government of the Republic of Croatia, the President of the Republic shall issue an order appointing the Prime Minister, counter-signed by the Chairman of the Croatian Sabor; the order appointing the members of the Government shall be issued by the Prime Minister and counter-signed by the Chairman of the Croatian Sabor.
The term of office of the members of the Government shall begin with the date of appointment and terminate with the date of relief.
List of ministries (names, addresses, telephones, faxes, E-mails and URLs)
Ministry of Foreign Affairs and European Integration
Trg
Nikole Subica Zrinjskog 7-8
10 000 Zagreb
Phone: +385 1 4920 149
Fax: +385 1 455 1795
e-mail: kabinet.ministrice@mvpei.hr
Minister: Mr. sc. Kolinda Grabar Kitarovic
Ministry of the
Internal Affairs
Ulica grada Vukovara 33
10
000 Zagreb
Phone: +385 1 612 2111
Fax: +385 1 612 2452
E-mail: pitanja@mup.hr
Minister: Ivica Kirin
Ministry of
Defense
Trg Petra Kresimira IV 1
10 000 Zagreb
Phone: +385 1 456 7111
Fax: +385 1 456 7963
E-mail: infor@morh.hr
Minister: Berislav Roncevic
Ministry of
Science, Education and Sports
Trg hrvatskih velikana 6
10
000 Zagreb
Phone: +385 1 456 9000
Fax:
+385 1 4617 962
E-mail: ured@mzos.hr
Minister: Dr.sc. Dragan Primorac
Ministry of
Finance
Katanciceva 5
10000 Zagreb
Phone: +385 1 459 1333
Fax: +385 1 492 2586
E-mail: kabinet@mfin.hr
Minister: Ivan Suker
Ministry of Economy, Labour and Entrepreneurship
Ulica
grada Vukovara 78
10 000 Zagreb
Phone: +385 1 610 6111
Fax: +385 1 6109 110
E-mail: info@mingorp.hr
Minister: Branko Vukelic
Ministry
of Culture
Runjaninova 2
10 000 Zagreb
Phone: +385 1 486 6666
Fax: +385 1 4816 755
E-mail: web@min-kulture.hr
Minister: Bozo Biskupic
Ministry of
Environmental Protection and Physical Planing and Construction
Republike Austrije 20
10 000 Zagreb
Phone:+385 1 378 2444
Fax: +385 1 377 2822
E-mail: ministrica@mzopu.hr
Minister: Marina Matulovic-Dropulic
Dezmanova
ulica 6 and 10
10 000 Zagreb
Phone: +385 1 3710 600
Fax: +385 1 371 0602
E-mail: ministrica@pravosudje.hr
Minister: Ana Lovrin
Ministry of Sea, Tourism, Transport and Development
Prisavlje
14
10 000 Zagreb
Phone: +385 1 6169 111
Fax: +385 1 6169 473
E-mail: ministar@mmtpr.hr
Minister: Bozidar Kalmeta
Ministry of Health and Social Welfare
Ksaver
200 a
10 000 Zagreb
Phone: +385 1 460 7555
Fax: +385 1 467 7091
E-mail: Neven.Ljubicic@mzss.hr
Minister: Neven Ljubicic
Ministry of Agriculture,
Forestry and Water Management
Ulica grade Vukovara 78
10 000 Zagreb
Phone: +385 1 610 6111
Fax: +385 1 610 9201
E-mail: office@mps.hr
Minister: Petar Cobankovic
Ministry of
Family, Veterans Affairs and Intergenerational Solidarity
Park Stara Tresnjevka 4
10 000 Zagreb
Phone: +385 1 365 7888
Fax: +385 1 365 7855
E-mail: mobms@mobms.hr
Minister: Jadranka Kosor
Government of the Republic of Croatia
Trg sv. Marka 2
10 000 Zagreb
Phone: +385 1 4569 222
Fax: +385 1 6303 023
Prime minister: Ivo Sanader
E-mail: predsjednik@vlada.hr
Offices of the Government
Public
Relations Office
Trg Sv. Marka 2
10000 Zagreb
Phone: +385 1 456 9239
Fax: +385 1 630 3022
E-mail: ratko.macek@vlada.hr
Public Procurement Office
Ksaver 211
10000
Zagreb
Phone: +385 1 4686 860
Fax: +385 1 4677 070
Office of the
Prime Minister of the Republic of Croatia
Trg Sv. Marka 2
10000 Zagreb
Phone: +385 1 456 9210
Fax: +385 1 630 3019
E-mail: predsjednik@vlada.hr
Office
for Social Partnership
Mesni?ka 23
10000 Zagreb
Phone: +385 1 630 3093
Fax: +385 1 630 3092
E-mail: soc.partnerstvo@vlada.hr
http://www.socijalno-partnerstvo.hr
Office for Protocol
Trg
Sv. Marka 2
10000 Zagreb
Phone: +385 1 6303 081
Fax: +385 1 6303 086
E-mail: protokol@vlada.hr
Office for Prevention of Drug Abuse
Preobrazenska
4
10000 Zagreb
Phone: +385 1 487 8122
Fax: +385 1 487 8120
E-mail: ured@uredzadroge.hr
Office
for National Minorities
Mesni?ka 23
10000 Zagreb
Phone: +385 1 456 9358
Fax: +385 1 456 9324
E-mail: nacionalne.manjine@vlada.hr
Office
for Internal Supervision
Grada Vukovara 72/IV
10000 Zagreb
Phone: +385 1 634 5333
Fax: +385 1 634 5332
E-mail:
una@zg.htnet.hr
Office
for Human Rights
Trg Maršala Tita 8/1
10000 Zagreb
Phone: +385 1 487 7660
Fax: +385 1 481 3430
e-mail: ured@ljudskaprava-vladarh.hr
http://www.ljudskaprava-vladarh.hr
Office
for Gender Equality
Mesni?ka 23
10000 Zagreb
Phone: +385 1 630 3090
Fax: +385 1 4569 296
E-mail: ured.ravnopravnost@vlada.hr
Office for
Cooperation with NGOs
Ulica grada Vukovara 78
10000 Zagreb
Phone: +385 1 610 6500
Fax: +385 1 610 9972
e-mail: ured.za.udruge@zg.tel.hr
General
Administration Office of the Croatian Government and Parliament
Opaticka 8
10000
Zagreb
Phone: +385 1 4569-569, 630 3330
Fax: +385 1 630 3000
E-mail: uzopstp@sabor.hr
Legislation Office
Trg sv. Marka 2
Phone: +385 1 4569 244
Fax: +385 1 4569 386
E-mail: zakonodavstvo@vlada.hr
Central State Administrative Offices
Central State Administrative Office for e-Croatia of the Government of the Republic of Croatia
Trg
Sv. Marka 2
10000 Zagreb
Phone: +385 1 456 9222
Fax: +385 1 630 3884
E-mail: e-hrvatska@vlada.hr
Central
State Administrative for Development Strategy and Coordination of EU funds
Trg Sv. Marka 2
10000 Zagreb
Phone: +385 1 456 9205
Fax: +385 1 630 3216
e-mail: strateg@vlada.hr
Ivana
Lucica 6
10 000 Zagreb
Phone: +385 1 6346 456
Fax: +385 1 6346 476
e-mail: imovina@imovina-hr.hr
Central State Administrative Office for Public Administration of the Republic Of Croatia
Maksimirska
63
10 000 Zagreb
Phone: +385 1 235 7555
Fax: +385 1 235 7600
E-mail: vzonjic@uprava.hr
State Administration Organizations
Ilica
3
10 000 Zagreb
Phone: +385 1 480 6111
Fax: +385 1 481 7666
e-mail: ured@agram.dzs.hr
State Bureau of
Metrology
Ulica grada Vukovara 78
10000 Zagreb
Phone: +385 1 610 6111
Fax: +385 1 610 9321
e-mail: pisarnica@dznm.hr
Gruška
20
10000 Zagreb
Phone: +385 1 365 7394, 615 7390
Fax: +385 1 615 7389
E-mail: dgu@dhu.hr
Ulica
grada Vukovara 78
10 000 Zagreb
Phone: +385 1 610 6111, 610 6115
Fax: +385 1 610 9115
E-mail: info@inspektorat.hr
State Intellectual Property Office
Ulica
grada Vukovara 78
10000 Zagreb
Phone: +385 1 610 6111, 610 6100, 610 6101
Fax: +385 1 611 2017
E-mail: ipo@patent.htnet.hr
Meteorolgical and Hydrological Service
Gric 3
p.p.88
10 000 Zagreb
Phone: +385 1 4565 666
Fax: +385 1 4851 901
E-mail: dhmz@cirus.dhz.hr
National Protection and Rescue Directorate
Nehajska 5
10 000 Zagreb
Phone: +385 1 3650 084
Fax: +385 1 3650 025
E-mail: info@duzs.hr
State Office for Nuclear Safety
Frankopanska 11
10 000 zagreb
Phone: +385 1 4863 100
Fax: +385 1 4830 109
State Institute of Radiation Protection
Trg Ivana Mestrovica 16
10 000 Zagreb
Phone: +385 1 6601 031
Fax: +385 1 6601 031
Export and Investment Promotion Agency
Hebrangova
34
10 000 Zagreb
Phone +385 1 4866 001
Fax: +385 1 4866 008
E-mail: info@apiv.hr
Savska
cesta 41/VI
10 000 Zagreb
Phone: +385 1 617 6448
Fax: +385 1 617 6450
E-mail: agencija.ztn@aztn.hr
Agency
for Transaction and Mediation in Immovable Properties
Savska cesta 41/VI
10000 Zagreb
Phone: +385 1 6331 600
Fax: +385 1 6177 045
E-mail: apn@apn.hr
Central Register of Insured Persons (REGOS)
Gajeva
5
10 000 Zagreb
Phone: + 385 1 489 8900
Fax: + 385 1 489 8903
E-mail: regos@regos.hr
Croatian Academic and Research Network CARNet
Josipa Marohnica bb
10 000 Zagreb
Phone: +385 1616 5616
Fax: +385 1 616 5615
E-mail: ured@CARnet.hr
Croatian Agency
for Small Business (HAMAG)
Ilica 49
10 000 Zagreb
Phone: +385 1 484 6622
Fax: +385 1 484 6612
e-mail: hga@hga.hr
Ante
Kovacica 10
44 000 Sisak
Phone: +385 44 554 151
Fax: +385 44 554 142
E-mail: hcr@hcr.hr
Radnicka
cesta 1
10 000 Zagreb
Phone: +385 1 6126 000
Fax: +385 1 6126 039
E-mail: hzz@hzz.hr
Croatian Hydrographic Institute
Zrinsko-Frankopanska
161
21000 Split
Phone: +385 21 361 840
Fax:
+385 21 347242
e-mail: office@hhi.hr
Croatian
Information and Documentation Referral Agency (HIDRA)
Trg Marsala Tita 3
10000 Zagreb
Phone: +385 1 485 5827
Fax: +385 1 485 5655
e-mail: ured@hidra.hr
Croatian Institute for Health Insurance
Margaretska
3
10 000 Zagreb
Phone: +385 1 480 6333
Fax: +385 1 480 6345
E-mail: glasnogovornica@hzzo-net.hr
Croatian Pension Insurance Institute
Mihanoviceva
3
10 000 Zagreb
Phone: +385 1 459 5500
Fax: +385 1 457 7168
e-mail: mile.rukavina@mirovinsko.hr
Ivana
Lucica 6
10000 Zagreb
Phone: +385 1 634 6111
Fax: +385 1 6115 568
e-mail: hfp@hfp.hr
Trg
marsala Tita 8
10000 Zagreb
Phone: +385 1 4886 840
Fax: +385 1 4886 850
E-mail: info@azo.hr
Koturaska 43
10 000 Zagreb
Phone: +385 1 612 7111
Fax: +385 1 6128 089
E-mail: info@fina.hr
Fund for the compensation of expropriated property
Ivana
Lucica 6
10000 Zagreb
Phone: +385 1 6346 110
Fax: +385 1 6346 262
e-mail: jasmina@hfp.hr
State Agency for
Deposit Insurance and Bank Rehabilitation
Jurisiceva 1
10000 Zagreb
Phone: +385 1 481 3222
Fax: +385 1 481 9107
e-mail: dab@dab.hr
Croatian Personal Dana Protection Agency
Republike Austrije 25
10 000 Zagreb
Phone: +385 1 4609 000
Fax: +385 1 4609 099
E-mail: azop@azop.hr
Center for Human Rights
Ulica kralja Drzislava 6
10 000 Zagreb
Phone: +385 1 4636 548
Fax: +385 1 4653 010
State Institute for Nature Protection
Savska cesta 41/XXIII, p.p.50
10 144 Zagreb
Phone: +385 1 4866 192
Fax: +385 1 4866 171
E-mail: info@dzzp.hr
Croatian Agency for Supervision of Financial Services (HANFA)
Bogoviceva 1a
10 000 Zagreb
Phone: +385 1 4886 740
Fax: +385 1 4811 406
E-mail: info@hanfa.hr
Ulica grada Vukovara 78
10 000 Zagreb
Phone: +385 1 6106 322
Fax: +385 1 6109 322
E-mail: akreditacija@akreditacija.hr
Savska cesta 41/XVI (p.p.19)
10 144 Zagreb
Phone: +385 1 6312 400
Fax: +385 1 6312 410
E-mail: hgi@hgi.htnet.hr
Ulica grada Vukovara 78
10 000 Zagreb
Phone: +385 1 6106 095
Fax: +385 1 6109 321
E-mail: hzn@hzn.hr
Tkalciceva 19
10 000 zagreb
Phone: +385 1 4813 292
Fax: +385 1 4813 304
E-mail: revizija@revizija.hr
Monetary power
The National Bank
of Croatia
The National bank of Croatia is the highest organ of monetary power in Croatia. The head of the National Bank of Croatia is a Governor.
Trg hrvatskih velikana 3
10 000 Zagreb
Phone: +385 1 456 4555
Fax: +385 1 461 0551
Independent Organizations
The Croatian Bar Association - The Croatian Bar Association was organized in 1929, based on an Act on Barristers of the Kingdom of Yugoslavia along with seven other bar associations. Today, the Bar has 2744 members and 1238 law trainees. The candidates are applicants to the Bar that graduated law school but do not possess sufficient knowledge to practice law. In order to become full fledged members, candidates have to complete three years of apprenticeship as a paralegal in a solicitor’s office, four years of practice working in courts system, or five years of practice as a company lawyer and pass a bar examination. The Bar has its representation in all mayor cities in Croatia.
The
Croatian Bar Association is a self-governed body that closely monitors the work
of all solicitors in Croatia and imposes and enforces disciplinary actions
against its members if a need for it arises. Its goal is to raise the expertise
level of practicing lawyers and candidates. Finally, the Bar promotes practice
of law as an independent occupation and it protects the rights of all of its
members. Croatian Bar Association is a member of Union Internationale Des
Avocats.
Koturaska 53/2
10 000 Zagreb
Phone: +385 1 6165 200
Fax: +385 1 6170 686
e-mail: odvjetnicka.komora@odvj-komora.hr
Croatian Chamber
of Notaries - Croatian chamber of notaries is an association of
Croatian public notaries. Its seat is in Zagreb, and its function is, with the
help of Ministry of Justice, to supervise the work of all public notaries.
Public notaries are persons of public trust and their work consists in
assembling and publishing public documents concerning all legal transactions,
statements and facts that are basis for establishing rights. It witnesses the
signatures and certifies the validity of personal identification papers. They
act as a safe depository for documents, money or objects etc. Public notaries
are independent proprietors and notary is their sole occupation.
Rackog 10
Phone: +385 1 455 6566
Fax: +385 1 455 1544
e-mail: hjk@hjk.hr
The Croatian Chamber of Economy - is an independent professional and business organization of all legal entities engaging in business. It was established in 1852, organized in European tradition and on the so-called continental model of Austrian and German chambers with compulsory membership. Every company registered with the Commercial Court is a member of the Chamber.
The Croatian Chamber of Economy consists of the Headquarters in Zagreb and 20 county chambers. Among these, the Zagreb Chamber represents both the City of
Zagreb and Zagreb County. Functionally, the CCE consists of 8 departments
dealing with the respective branch of the economy, and it also includes 40
professional associations, 87 groups and 19 affiliations. Apart from this,
within the CCE act five business centers, Permanent Arbitration Court,
Conciliation Centre, Court of Honour and CCE Office for Areas of Special State
Concern.
The Croatian Chamber of Economy is run by the Assembly, Management and
Supervisory Boards, President, who is elected by the Assembly, and five Vice
Presidents. The members of the Supervisory Board and Assembly are elected from
among reputable business people. Together with the Chamber’s working bodies,
they promote, represent and protect their members’ common interests before
governmental authorities home and abroad.
Rooseveltov trg 2
10 000 Zagreb
Phone: +385 1 4561 555
Fax: +385 1 4828 380
E-mail: hgk@hgk.hr
Judicial power in general is regulated through Law of the Courts and is inspired by the idea of independent courts. State Judiciary Council appoints all judges for life as an independent state institution formed of Parliament members, judicial authorities, well-respected public persons and members of Croatian Bar Association. Minister of Justice names the presidents of the courts from among the appointed judges and the president of the Supreme Court of Croatia is chosen by the Parliament based on the proposition from the Cabinet.
Types of courts:
Courts
of General Jurisdiction are 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 organized hierarchically in
three instances and are divided into regions.
A)
Municipal Courts
Municipal Courts are courts with first instance jurisdiction in both civil and
penal cases. In penal litigation the courts judge in all cases where the
penalty goes up to 10 years. The novelty is that legal persons can also be
liable for criminal acts. In civil litigation these courts judge as first
instance courts in all judicial, extra-judicial and execution procedures,
especially in litigation against unlawful actions, and lawsuits for correction
of information.
Municipal courts hold land registers that are the only legally valid registry service of real rights in Croatia. Reform of the land registry is taking place right now. Thanks to the international donations lady ministry of justice is conducting a reform. The main goal of the project is to enable fast and transparent insight in to the legal state of real estate in the Republic of Croatia. It should help economic governing and encourage foreign investments.
B)
County Courts
County courts are almost exclusively second instance courts. On occasion
these courts are used as first instance courts: in penal litigation if the
punishment by law surpasses 10 years or by special regulations (the court
decides in the compensation amount for expropriated real estate, it decides on
a right to belong to an association etc.). It is important to recognize that a
right to appeal is a constitutional right of every citizen and a right of every
legal entity (for instance corporation) according to the practice of the
Constitutional court. The practice states that every legal entity can appeal
against any and all acts of either executive or judicial power, which determine
the entities legal rights and obligations. As all court decisions are acts of
judicial branch of government the structure allows for an appeal against any
decision made by the municipal courts. In that case district court acts as a
court of appeal.
C) The Supreme