Ministarstvo Pravosuđa

Unsigned draft, version 18.6.2009

P R A V I L N I K O POLAGANJU PRAVOSUDNOG ISPITA

Pursuant to Article 23 paragraph (5), Article 26 paragraph (5) and Article 27 paragraph (4) of the Judicial Trainees and Bar Examination Act (Official Gazette of the Republic of Croatia No. 84/08), the Minister of Justice hereby issues the:

O R D I N A N C E ON THE BAR EXAMINATION

1 INTRODUCTORY PROVISIONS

Article 1

(1) This Ordinance regulates the composition and method of operation of the Bar Examination Committee, method of application for the bar examination, method of selection of case files for written papers, authorized aids in the preparation of written papers, time and place of the written examination, supervision over written examination, manner of conducting oral examination, conditions under which listening to oral examination is allowed, and the contents of the bar examination certificate and diploma.

2 BAR EXAMINATION COMMITTEE

Article 2

(1) The Minister competent for judicial matters shall appoint the President and the members of the Bar Examination Committee (hereinafter: the Examination Committee) and their deputies, on the basis of proposals received from the President of the Supreme Court of the Republic of Croatia, President of the High Commercial Court of the Republic of Croatia, President of the High Misdemeanour Court of the Republic of Croatia, President of the Administrative Court of the Republic of Croatia, the Attorney General of the Republic of Croatia, the Croatian Bar Association and the Croatian Chamber of Notaries Public.

(2) The Examination Committee before which the bar examination is taken shall consist of a President and four members.

(3) The President of the Examination Committee shall determine: - members of the Examination Committee who shall evaluate written papers, and - members of the Examination Committee who shall conduct oral examination of the candidates on certain days. 2

(4) The secretary of the Examination Committee and its deputies, who shall perform professional and administrative tasks for the purposes of the Examination Committee, shall be appointed by the Decision on the appointment of the Examination Committee.

(5) Persons holding a bar examination diploma may be appointed secretary and deputy secretaries.

(6) The President, members and the secretary of the Examination Committee, as well as their deputies, are entitled to a consideration for their work in the manner prescribed by the Minister competent for judicial matters.

Article 3

(1) The Examination Committee, wit the consent of the Minister competent for judicial matters, shall determine the legal sources for the bar examination.

(2) The Examination Committee shall align the legal sources for the bar examination with the positive legal regulations no less than twice each year.

3 TAKING THE BAR EXAMINATION

3.1 Application for the bar examination

Article 4

(1) The application for the bar examination is submitted to the Ministry competent for judicial matters.

(2) Attached to the application, the candidate shall submit: - a diploma of university degree in law (in case referred to in Article 5 paragraph (4) of the Judicial Trainees and Bar Examination Act – hereinafter: the Act – translation of a foreign diploma shall also be attached); - proof of compliance with the criteria under Articles 21 and 22 of the Act; - proof of payment of the fee for taking the bar examination; - statement of the candidate on the field of law for the preparation of the third written paper (labour, commercial or administrative law).

(2) If the candidate has changed his/her name after obtaining a university degree in law, the application should also contain the excerpt from the register of marriages or marriage certificate, or the decision on the change of name.

(3) Documents referred to in paragraphs 1 and 2 of this Article shall be submitted in the original or as a certified copy.

Article 5

(1) A personal file shall be opened for each candidate, containing: - the candidate’s application, - documents proving compliance with the requirements for admission to the bar examination, 3

- decision on admission to the bar examination, - corrected and graded originals of the candidate's written papers, and opinions and grades given by the members of the Examination Committee, - protocol on the course of the bar examination, - a copy of the Bar Examination Certificate, - the candidate’s requests and decisions of the Examination Committee, if they refer to the examination procedure, - medical or other documentation, if they refer to the examination procedure.

3.2 Bar examination schedule

Article 6

(1) The schedule of the written and oral parts of the bar examination shall be determined in the form of a timetable by the Ministry competent for judicial matters.

(2) Candidates shall be notified of the time scheduled for their written examination in advance, not later than 15 days before the date of the written examination.

(3) The notification on the date of the bar examination shall contain the time and place set for the written examination, notice to the candidate on his obligation to present, at the time of examination, a valid personal identification card or a passport, and instruction on the possibility of use of aids provided for in this Ordinance.

Article 7

(1) A new date can be set for the written examination of a candidate at the candidate's request and in case of the candidate could not take the written examination for justified reasons. The request shall be submitted to the Ministry competent for judicial matters within 8 days after cessation of circumstances preventing the candidate from taking the examination.

(2) The candidate who failed to take the written part of the bar examination without justified reason can take the bar examination after no less than three months from the date set for his/her written examination.

3.3 Written examination

Article 8

(1) The Examination Committee shall select case files to serve as a basis for written papers. In case the case file contains a decision that the candidate should prepare, the said decision shall be removed from the file.

(2) First-instance case files from the civil and criminal judicial practice shall serve as basis for the written papers.

(3) The candidate’s third written paper shall deal with labour, commercial or administrative law, at his personal choice, and can, in addition to drawing up of a judgement, represent 4 drawing up of a decision, complaint and response to complaint, appeal and other reasoned motions to the court.

(4) In case of justified reasons such as protection of privacy, protection of a business or official secret or data protection for some other justified reason, case files shall not contain names of parties to the proceedings.

(5) Candidates writing the paper on the same day can be given copies of the same case files to serve as basis.

(6) Copies of the case files for written papers shall be sealed in separate envelopes to be opened on the day of the written examination, immediately before the commencement of the examination.

Article 9

(1) All three written papers shall be written in the course of eight days, but only one paper can be written in one working day.

(2) Written papers shall be written in Croatian and in Latin script.

Article 10

(1) Writing of a particular written paper may not take longer than six hours. If the candidate fails to complete the written paper during this time, he/she shall submit it unfinished, and this fact shall be entered into the protocol on the course of the bar examination.

(2) In case of a disturbance in the regular course of the written examination, the person appointed for supervision, with the consent of the President of the Examination Committee, may grant additional time for writing papers proportionate to the duration of the disturbance, but not longer than two hours. In case of a disturbance lasting for more than two hours, particular or all candidates shall be given a chance to write the concerned written paper at a different time.

Article 11

(1) At the request of a candidate with disability, the President of the Examination Committee may grant the candidate a maximum of additional two hours if the candidate, due to his/her disability, cannot complete the written paper within time determined in Article 10 paragraph 1 of this Ordinance.

(2) The request referred to in paragraph 1 of this Article shall be made in the application for the bar examination, and shall be accompanied by valid medical documentation.

(3) A decision regarding the request shall be delivered to the candidate along with the invitation to take the written examination. Appeal against this decision shall not be admitted.

Article 12

Written papers shall be prepared at the venue determined by the Ministry competent for judicial matters. 5

Article 13

(1) In the preparation of the written papers, candidates may use as authorised aids only the original texts of regulations representing legal sources for taking the bar examination. The candidates shall bring the authorised aids themselves to the written examination.

(2) At the request of a candidate with disability, the President of the Examination Committee may allow the use of additional aids if they are needed in order to enable such a candidate to participate equally in the examination (e.g. a copy of the case file transcribed into Braille or making it readable to the candidate in another way, a computer, a sign language interpreter, material or hearing aids, a person to read the file to the candidate and writing aids or persons helping the candidate to write).

(3) The request for the use of additional aids referred to in paragraph 2 of this Article shall be made in the application for the bar examination, and shall be accompanied by valid medical documentation. A decision regarding the request shall be delivered to the candidate along with the invitation to take the written examination. Appeal against this decision shall not be admitted.

Article 14

(1) Candidates using unauthorized aids, such as technical literature, examples of court decisions, technical aids and communication devices during written examination or disturbs the regular course of the written examination shall be removed from the venue, and their written paper shall be confiscated and graded as such. This fact shall be entered into the protocol on the course of the bar examination.

(2) The candidate who leaves the room in which the examination takes place without prior approval of the person supervising the written examination shall not be allowed to continue writing his/her paper. In this case, steps shall be taken in accordance with paragraph 1 of this Article.

Article 15

(1) Supervision over the written examination shall be conducted by the secretary of the Examination Committee or his/her deputy or another person appointed for this purpose by the President of the Examination Committee. A protocol shall be kept on the course of the written examination using the form representing an integral part of this Ordinance (Form No. 1).

(2) Before the commencement of the written examination, the person supervising the examination shall establish the identity of candidates on the basis of valid personal identification cards or passports.

(3) The person supervising the examination shall warn the candidates before the commencement of the written examination about the consequences of using unauthorized aids, exceeding the time given for the preparation of the written paper, failure to hand in the paper, disturbing the regular course of the examination and unauthorized leaving of the examination room, and shall make a record of the given warning in the protocol. 6

(4) The person supervising the examination shall distribute sealed envelopes with the prepared case files for the written papers to the candidates.

(5) The protocol on the course of the written examination shall be submitted to the President of the Examination Committee.

Article 16

(1) When taking the written part of the bar examination, the candidate shall be given a personal password that shall be recorded in the examination record of the candidate’s personal file and which the candidate shall write on the first pages of all written papers.

(2) The password is determined by the secretary of the Examination Committee, and it shall consist of five numbers.

(3) Written papers may not contain any other markings referring to the candidate’s identity.

(4) If the candidate writes disallowed markings on the written paper, the President of the Examination Committee shall instruct the candidate to retake the written examination.

Article 17

(1) Written papers and case files used as a basis for written papers shall be sealed and submitted to the President of the Examination Committee, who shall appoint the members of the Examination Committee for review and grading of the written papers.

(2) The members of the Examination Committee appointed for review and grading of written papers shall review and grade the papers within 15 days after the completion of the written examination.

(3) The President of the Examination Committee shall, within further 3 days, notify the secretary of the Examination Committee about the results of the candidates’ written examination.

(4) The secretary of the Examination Committee shall notify the candidates in writing of the score achieved in written examination no later than 15 days before the oral examination.

Article 18

At the candidate’s request, the candidate shall be allowed to inspect his/her written papers and the score. The request shall be submitted to the President of the Examination Committee within 15 days upon receipt of the notification on the results of the examination.

3.4 Oral examination

Article 19

(1) The oral part of the bar examination shall be held at a location determined by the Ministry competent for judicial matters. 7

(2) Candidates shall be notified of the time and place of the oral examination by the secretary of the Examination Committee in writing, no later than 15 days before the oral examination.

Article 20

Before the commencement of the oral examination, the secretary of the Examination Committee shall establish the identity of candidates pursuant to Article 15 paragraph (2) of this Ordinance and warn the candidates about the consequences of disturbing the regular course of the examination and unauthorized leaving of the examination room during oral examination.

Article 21

(1) The President of the Examination Committee shall establish the order of examining particular groups of subjects and maintain order during oral examination.

(2) The duration of oral examination per candidate shall be no longer than 20 minutes per each group of subjects.

(3) At the request of a candidate with disability, the duration of oral examination may be prolonged by a maximum of 15 additional minutes per particular group of subjects.

(4) After examination in each group of subjects there shall be a 10 minute break.

Article 22

(1) The oral examination is public.

(2) Persons wanting to listen to the examination shall apply to the Ministry competent for judicial matters by telephone on the first working day of the month in which the examination is held.

(3) The schedule for listening to the oral examination shall be determined in accordance with the available seating capacities, taking into account the requirement for undisturbed course of the oral examination.

(4) The President of the Examination Committee can instruct the listeners disturbing the regular course of the oral examination, as well as the listeners who cannot be accommodated in the examination room in a manner that would not disturb the course of the examination, to leave the examination room.

Article 23

(1) After completion of the oral examination for a group of subjects, the Examination Committee shall determine the score of each candidate for that particular group of subjects.

(2) The President of the Examination Committee shall establish that the candidates who failed to achieve at least 5 points from a particular group of subjects have failed the bar examination, and the said candidates shall not be examined further. 8

(3) After completion of the oral examination, the Examination Committee shall determine the total score achieved by a candidate and reach the decision on the result of the bar examination.

(4) The decision of the Examination Committee on the result of the bar examination shall be communicated to the candidates. If a candidate does not wish to have the result announced in the presence of other candidates, the decision shall be communicated to him/her in the presence of the members of the Examination Committee alone.

Article 24

(1) The secretary of the Examination Committee shall keep a separate protocol on the course of the examination for each candidate in a form representing a constituent part of this Ordinance (Form No. 2).

(2) The protocol shall be signed by all members of the Examination Committee that have examined the concerned candidate, the secretary of the Examination Committee and the candidate.

3.5 Certificate and diploma

Article 25

(1) Immediately after the examination, the candidates who have passed the bar examination shall be issued a certificate that they have passed the bar examination in a form representing a constituent part of this Ordinance (Form No. 3).

(2) A bar examination diploma shall be issued with the result of the bar examination in a form representing a constituent part of this Ordinance (Form No. 4).

(3) Candidates who achieve 90 or more points at the bar examination shall receive a diploma with an honourable mention in a form representing a constituent part of this Ordinance (Form No. 5).

(4) The bar examination certificate and diploma shall be signed by the President and the secretary of the Examination Committee.

(5) The bar examination diploma shall be delivered to the candidate within 60 days from the date of passing the bar examination.

Article 26

(1) A register shall be kept at the Ministry competent for judicial matters of the candidates who took the bar examination in the book of bar examination in a form representing a constituent part of this Ordinance (Form No. 6).

(2) The register referred to in paragraph (1) of this Article may be kept in electronic format.

3.6. Bar examination fee

Article 27 9

The level of the fee for the bar examination shall be regulated by the Minister competent for judicial matters by issuing a special decision.

Article 28

(1) The costs of taking the bar examination for a trainee in a judicial body who takes the bar examination for the first time shall be covered by the judicial body to which he/she has been assigned.

(2) The candidate from paragraph (1) of this Article that does not pass the bar examination the first time shall cover the costs of retaking the bar examination him/herself.

4 FINAL PROVISIONS

Article 29

(1) This Ordinance shall be published in the Official Gazette of the Republic of Croatia and shall enter into force on 1 September 2009.

(2) As from its effective date, this Ordinance shall supersede the Ordinance on the Application for the Bar Examination and the Composition and Operation of the Bar Examination Committee (Official Gazette of the Republic of Croatia No. 17/90).

Class: 011-01/08-01/6 Ref. No.: 514-13-09-1 Zagreb, 23 January 2009

M I N I S T E R

dr. sc. Ivan Šimonović 10

Form No. 1

PROTOCOL ON THE COURSE OF THE WRITTEN EXAM

1. Time and place of the written part of the bar examination

2. Names of candidates who are taking the written part of the bar examination and their personal passwords

3. Names of candidates that have failed to take the written part of the bar examination

4. Candidates instructed of the provisions of the Judicial Trainees and Bar Examination Act and the Ordinance on the Bar Examination that regulate the written part of the bar examination

5. Time of commencement of the written part of the bar examination

6. Names of candidates who were found in possession of unauthorised aids, type of unauthorised aids and time of taking the written paper

7. Reasons and duration of disturbance of the regular course of the examination

8. Names of candidates that have disturbed the regular course of the bar examination and time of confiscation of the written paper.

9. Extension of time given to all-particular candidates for the written examination and reason for extension 11

10. Names of candidates instructed or given a chance to write the paper at a different time with explanation of grounds

11. Names of candidates who have failed to submit the written paper at the prescribed time and time of submitting the written paper.

12. Note:

13. Time of completion of the written examination

14. Name and signature of person supervising the course of the written part of the bar examination 12

Form No. 2

PROTOCOL ON THE BAR EXAMINATION

Compiled before the Bar Examination Committee on the bar examination of the candidate ______from ______. (full name, personal password, date and place of birth) (place of residence)

A. Written part of the bar examination

The candidate had - had not had his/her written paper on the subject of ______confiscated due to use of unauthorised aids – disturbing the regular course of the examination before the expiry of the prescribed duration of the written part of the bar examination.

The candidate had - had not been granted an extension of time for writing the written paper on the subject of ______.

The candidate had not submitted a written paper on the subject of ______in the prescribed time, due to which the President of the Examination Committee had established that the candidate had not passed the bar examination.

During the written part of the bar examination, the candidate prepared:

I. On ______, a written paper on a civil case of the ______Court in ______, reference case number: ______that was graded by:

1. ______who awarded ______points for the paper, and 2. ______who awarded ______points for the paper.

Final achieved score ______.

II. On ______, a written paper on a criminal case of the ______Court in ______, reference case number: ______that was graded by:

1. ______who awarded ______points for the paper, and 2. ______who awarded ______points for the paper.

Final achieved score ______.

III . On ______, a written paper on a ______case, ______that was graded by: 13

1. ______who awarded ______points for the paper, and 2. ______who awarded ______points for the paper.

Final achieved score ______.

B. Oral part of the bar examination

The candidate took the oral part of the bar examination on ______before the Examination Committee in the following composition:

President: ______

Members: 1. ______2. ______3. ______4. ______

Secretary: ______

I. Member of the Examination Committee ______asked the following questions from civil and commercial law: 14