THE CONSTITUTION OF THE REPUBLIC OF CROATIA

The Constitution• The system of fundamental rules and principles of a

nation or a state that determines the powers and duties of the government and guarantees certain rights to the people

The Constitution of the Republic of Croatia

• December 22, 1990• Basic democratic changes made after the first multiparty

parliamentary election in the spring of 1990• A sovereign and democratic state that guarantees and

ensures equality, fundamental freedoms and rights of all the citizens

Constitutional revisions The abolition of the House of Counties Transformation of the semi-presidential into the

parliamentary system Regulation of the voting rights of citizens (dual

citizenship)

ChaptersI The historical sources of the ConstitutionII Basic provisionsIII The protection of human rights and fundamental freedomsIV The structure of the state powerV The Constitutional Court of the Republic of CroatiaVI Local and regional self-governmentVII International relationsVIII Changes of the ConstitutionIX Concluding provision

Basic provisions

Article 1• The Republic of Croatia is a unitary, indivisible,

democratic and social state.• Power in the Republic of Croatia shall derive from the

people and belong to the people as a community of free and equal citizens.

• The people shall exercise this power through the elections of representatives and through direct decision-making.

A unitary state• Unitary state – a state with a unitary system of

government; a system of government in which power is held by a central authority and may be delegated to, but not derived from constituent subdivisions

• Unitary v. confederal and federal state

Democracy• Democracy – a system of government by freely elected

representatives of the people;• The right to fair government, free election of

representatives and equality in voting

A democratic state• A democratic state – a state with the form of government

in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation

• Indirect exercise of power: free elections• Direct exercise of power: referendum

A social state (welfare state)• A state which is liable to ensure basic existence and

social security to all of its citizens• A system in which the government undertakes the chief

responsibility for providing for the social and economic security of its population

• Basic social security programmes: protection against illness, accident and injury at work, protection against unemployment and old-age protection

Article 2• Sovereignty of the Republic of Croatia• Inalienable• Indivisible• Untransferable• Encompasses land area, rivers, lakes, canals,internal

maritime waters, territorial sea and the air space above these

The Croatian Parliament (Sabor)• The Parliament, or the people directly shall decide

independently and in accordance with the Constitution and law on:

• The regulation of economic, legal and political relations in the country

Powers of the Croatian Parliament• Economic relations: taxation and budget• Legal relations: law-making• Political relations: control over the work of the government

Powers of the Croatian Parliament• The Parliament also decides on:• The preservation of the natural and cultural wealth and its

utilization• Association in alliances with other states

The Republic of Croatia may conclude alliances with other states, retaining the sovereign right to decide by itself on the powers to be transferred and the right to freely withdraw from them

Unicameral legislative body• On 30th May 1990, the first multiparty parliament was constituted On 30th May 1990, the first multiparty parliament was constituted • The Parliament consisted of two chambers: the The Parliament consisted of two chambers: the Chamber of Chamber of

RepresentativesRepresentatives with legislative authority, and the with legislative authority, and the Chamber of Chamber of Counties Counties with an advisory role with an advisory role

• After the enactment of constitutional amendments in 2000, which After the enactment of constitutional amendments in 2000, which changed the semi-presidential system in a version of parliamentary changed the semi-presidential system in a version of parliamentary system, the Parliament acquired a new, more important role in system, the Parliament acquired a new, more important role in Croatia’s political system Croatia’s political system

• After the elimination of the Chamber of Counties under the After the elimination of the Chamber of Counties under the constitutional amendments enacted in March 2001, the Croatian constitutional amendments enacted in March 2001, the Croatian Parliament became Parliament became unicameral unicameral

Translate the following into English:• Hrvatski sabor: • - odlučuje o donošenju i promjeni Ustava; • - donosi zakone; • - donosi državni proračun; • - odlučuje o ratu i miru; • - donosi akte kojima izražava politiku Hrvatskoga sabora, • - donosi Strategiju nacionalne sigurnosti i Strategiju obrane Republike Hrvatske, • - ostvaruje građanski nadzor nad oružanim snagama i službama sigurnosti Republike Hrvatske • - odlučuje o promjeni granica Republike Hrvatske; • - raspisuje referendum; • - obavlja izbore, imenovanja i razrješenja, u skladu s Ustavom i zakonom; • - nadzire rad Vlade Republike Hrvatske i drugih nositelja javnih dužnosti odgovornih Hrvatskom

saboru, u skladu s Ustavom i zakonom; • - daje amnestiju za kaznena djela; • - obavlja druge poslove utvrđene Ustavom.

Vocabulary• donošenje Ustava – enactment of the Constitution• promjena Ustava – amendment of the Constitution• donijeti državni proračun – to adopt the state budget• građanski nadzor – civil control• promjena granica – alternation of borders• raspisati referendum – to call a referendum• imenovanja i razrješenja s dužnosti – appointments and reliefs of

office• u skladu s Ustavom i zakonom – in conformity with the Constitution

and law• dati amnestiju – to grant amnesty

From Article 80 The Croatian Parliament shall:

- decide on the enactment and amendment of the Constitution;- pass laws;- adopt the state budget;- decide on war and peace;- pass documents which express the policy of the Croatian Parliament;- adopt the Strategy of national security and the Strategy of defense of the Republic of Croatia;- realize civil control over the armed forces and the security services of the Republic of Croatia;- decide on alternations of the borders of the Republic of Croatia;- call referenda;- carry out elections, appointments and reliefs of office, in conformity with the Constitution and law;- supervise the work of the Government of the Republic of Croatia and other holders of public

authority responsible to the Croatian Parliament, in conformity with the Constitution and law;- grant amnesty for criminal offences;- conduct other affairs as specified by the Constitution

Decision-making• Laws which regulate the rights of national minorities,

decision of crossing the borders or acting over the borders by the armed forces, altering the borders are passed by the Croatian Parliament by a two-thirds majority vote of all representatives

• Laws which elaborate the constitutionally defined human rights and fundamental freedoms, the electoral system, the organization, authority and operation of government bodies and the organization and authority of local and regional self-government are passed by the Croatian Parliament by a majority vote of all representatives

Structure• According to the 1990 Constitution, the Croatian

Parliament may have a minimum of 100 and a maximum of 160 members, who are elected directly by secret ballot based on universal suffrage for a term of four years. Parliamentary terms of office are not binding, while members have legal immunity

Sessions• The Croatian Parliament convenes regular sessions twice

annually: the first session runs between 15th January and 15th July, while the second session runs from 15th September to 15th December

• In the beginning of every regular session of Parliament the Croatian national anthem is performed

• The Croatian Parliament can also hold extraordinary sessions

• Sessions of the Croatian Parliament are public

Article 3 – The highest values of the constitutional order

• Freedom, equal rights, national equality, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the human environment, the rule of law and a democratic multiparty system

Article 4 – The separation of powers

• The legislative (Parliament)• The executive (the government)• The judicial branch (the court system)

Article 5 – Laws and Constitution• Laws shall conform with the Constitution, other rules and

regulations with the Constitution and law• Everyone shall abide by the constitution and law and

respect the legal order of the Republic

• How is legal ‘shall’ translated in the examples above?

Vocabulary• Multiparty election – višestranački izbori• Fundamental freedoms and rights – temeljne slobode i

prava• Unitary state – jedinstvena država• Inalienable sovereignty – neotuđivi suverenitet• Love of peace - mirotvorstvo

Vocabulary II• Inviolability of ownership – neotuđivost vlasništva• Conservation of nature – očuvanje prirode• The rule of law – vladavina prava• Multiparty system – višestranački sustav• Legal order – pravni poredak

Vocabulary practiceFill in the blanks from the list below:exception, government, adopted, constitution, start, case, need,

origins• If we investigate the _____________ of modern constitutions, we find

that, practically without _______________, they were drawn up and ______________ because people wished to make a fresh ____________ so far as their system of ________________ was concerned. The circumstances in which the ________ for a new beginning come about vary from country to country, but in almost every _________ in modern times, countries have a ________________ because they wanted to begin again.

Answer key• If we investigate the ORIGINS of modern constitutions, we

find that, practically without EXCEPTION, they were drawn up and ADOPTED because people wished to make a fresh START so far as their system of GOVERNMENT was concerned. The circumstances in which the NEED for a new beginning come about vary from country to country, but in almost every CASE in modern times, countries have a CONSTITUTION because they wanted to begin again.

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