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Pursuant to Article 145 of the Constitution of the Republic of Croatia, the Croatian Parliament, at its session on 16 June 2010, issued the DECISION
PROMULGATING THE AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF CROATIA
The Amendments to the Constitution of the Republic of Croatia, passed by the Croatian Parliament at its session on 16 June 2010, are hereby promulgated.
Class: 012-02/10-01/01
Zagreb, 16 June 2010
THE CROATIAN PARLIAMENT
The President of the Croatian Parliament Luka Bebić, m.p. THE AMENDMENTS
TO THE CONSTITUTION OF THE REPUBLIC OF CROATIA
Article 1
In the Constitution of the Republic of Croatia (Official Gazette 56/90, 135/97, 8/98 – revised text, 113/00, 124/00 – revised text, 28/01, 41/01 – revised text and 55/01 – correction), in Title I HISTORICAL FOUNDATIONS, in paragraph 1 subparagraph 12 the last sentence is deleted and subparagraph 13 is added which reads:
“– the new Constitution of the Republic of Croatia (1990) and the victory of the Croatian people and the Croatian Homeland War soldiers in the just and legitimate Homeland War (1991 – 1995), lead in defence of freedom and country, by which the Croatian nation demonstrated its will and determination to establish and preserve the Republic of Croatia as a free, independent, sovereign and democratic state.”
In paragraph 2, after the word: “order” the remainder of the sentence is amended to read: “the Republic of Croatia is established as the national state of the Croatian people and the
state of members of national minorities: Serbs, Czechs, Slovaks, Italians, Hungarians, Jews, Germans, Austrians, Ukrainians, Ruthenians, Bosniacs, Slovenes, Montenegrins, Macedonians, Russians, Bulgarians, Poles, the Roma, Rumanians, Turks, Vlachs, Albanians and others who are its citizens, and who are guaranteed equality with citizens of Croatian nationality and the realisation of national rights in accordance with the democratic standards of the United Nations Organization and the countries of the free world.”
Article 2
In Article 5 paragraph 2 the word: “legislation” is replaced by the word: “law”.
Article 3
Article 7 is amended to read:
“The Armed Forces of the Republic of Croatia shall protect its sovereignty and independence and defend its territorial integrity.
In protecting its sovereignty and independence and defending its territorial integrity, the Republic of Croatia may be assisted by its allied countries, in accordance with concluded international agreements.
The armed forces of allied countries may cross its borders and enter the Republic of Croatia or act within its borders, in accordance with concluded international agreements, based on a decision adopted by the Croatian Parliament which is proposed by the Government of the Republic of Croatia, with the prior approval of the President of the Republic of Croatia.
The Republic of Croatia may offer assistance to its allies in the event of an armed attack on one or several of the allied countries, in accordance with concluded international agreements, based on a decision adopted by the Croatian Parliament which is proposed by the Government of the Republic of Croatia, with the prior approval of the President of the Republic of Croatia.
The Armed Forces of the Republic of Croatia may cross its borders or act over its borders based on a decision adopted by the Croatian Parliament which is proposed by the Government of the Republic of Croatia, with the prior approval of the President of the Republic of Croatia.
The Decision referred to in paragraph 3, 4 and 5 of this Article shall be adopted by the Croatian Parliament by majority vote of all its representatives.
In the event that the President of the Republic of Croatia denies the approval referred to in paragraph 3, 4 and 5 of this Article, the Croatian Parliament shall adopt its Decision by two-thirds majority vote of all its representatives.
The Armed Forces of the Republic of Croatia may cross the borders of the Republic of Croatia for the purpose of training and drills as part of the international organisations to which the Republic of Croatia has acceded or is acceding pursuant to international agreements and in order to offer humanitarian aid, based on a decision issued by the Croatian Government, with the prior approval of the President of the Republic of Croatia.
The armed forces of allied countries may cross the borders of the Republic of Croatia for the purpose of training and drills as part of the international organisations to which the Republic of Croatia has acceded or is acceding pursuant to international agreements and in order to offer humanitarian aid, based on a decision issued by the Croatian Government, with the prior approval of the President of the Republic of Croatia.
In the circumstances provided for in Articles 17 and 100 of the Constitution, the armed forces may, if the nature of danger demands so, be used as assistance to the police and other government bodies.
The Armed Forces of the Republic of Croatia may also be used to provide assistance in fire protection, rescue and in the surveillance and protection of the rights of the Republic of Croatia at sea.
Organisation of defence, command, administration and democratic control over the Armed Forces of the Republic of Croatia shall be regulated by the Constitution and by law.”
Article 4
In Article 9 paragraph 2, at the end of the sentence the full stop is replaced by a comma and the following words are added: “except in the case of execution of an extradition or surrender decision adopted in accordance with international agreements or with the acquis communautaire.”
Article 5
In Article 31, after paragraph 3, paragraph 4 is added and reads:
“Statute of limitations shall not apply to criminal offences of war profiteering and criminal offences which are linked to the transition and privatisation process and were committed during the Croatian Homeland War and the period of peaceful reintegration, in time of war or direct threat to the independence and territorial integrity of the State, and which are prescribed by law, as well as to those offences which are not subject to statute of limitations pursuant to international law. Pecuniary gain, acquired through or connected with such offences shall be confiscated.”
Article 6
U Article 38, a new paragraph 4 is added and reads:
“Access to information held by public authorities shall be guaranteed. Restrictions imposed on access to information must be in proportion with the need for restriction required in each particular case and are necessary in a free and democratic society, and shall be prescribed by law.”
The former paragraph 4 becomes paragraph 5.
Article 7
Article 45 is amended to read:
“Croatian citizens who have reached the age of eighteen (voters) shall have universal and equal suffrage in elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision making through referendum, in accordance with the law.
In elections for the Croatian Parliament, voters who do not have a permanent residence in the Republic of Croatia shall have the right to elect three representatives, in accordance with the law.
In elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision making through public referendum, the right to vote shall be exercised through direct elections by secret ballot, whereat voters who do not have a permanent residence in the Republic of Croatia shall exercise their right to vote at polling stations set up in diplomatic missions and consulates of the Republic of Croatia in the foreign country they are residing in.
In elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision making through public referendum, the Republic of Croatia ensures suffrage to its citizens who have a permanent residence in the Republic of Croatia but are abroad at the time of elections by enabling them to vote in diplomatic missions and consulates of the Republic of Croatia in the foreign country in which they happen to be at the time or in some other way prescribed by law.”
Article 8
Article 53 is amended to read:
“The Croatian National Bank is the central bank of the Republic of Croatia.
The Croatian National Bank shall be autonomous and independent in its work and shall report to the Croatian Parliament.
The business and operations of the Croatian National Bank shall be managed by the Governor of the Croatian National Bank.
The organisation, goal, duties and competences of the Croatian National Bank shall be regulated by law.”
Article 9
After Article 53, Article 53.a is added and reads:
“Article 53.a
The State Audit Office is the highest ranking auditing institution in the Republic of Croatia, which is independent and autonomous in its work.
The State Audit Office shall be managed by the Auditor General who reports on its work to the Croatian Parliament.
The establishment, organisation, competence and method of operation of the State Audit Office shall be regulated by law.”
Article 10
In Article 57 paragraph 2 the word: “disabled” is deleted and after the word: “persons” the words: “with disabilities” are added.
After paragraph 2 a new paragraph 3 is added and reads:
“The State shall devote special care to the protection of Croatian Homeland War veterans, disabled Homeland War veterans, widows, parents and children of Croatian soldiers killed in the Homeland War.”
The former paragraph 3 becomes paragraph 4.
Article 11
In Article 64 paragraph 3 the word: “disabled” is deleted and after the word: “persons” the words: “with disabilities” are added.
Article 12
Article 65 is amended to read:
“Education in the Republic of Croatia shall be equally accessible to all, in accordance with individual abilities.
Compulsory education shall be free of charge in accordance with the law.”
Article 13
In Article 82 paragraph 3 the words: “Article 7 paragraph 2 and” are deleted.
Article 14
In Article 86 paragraph 4 the words: “have voted, provided that the majority of the total number of voters in the Republic of Croatia has taken part in the referendum.” are replaced by the words: “have participated in voting in the referendum.”
In paragraph 6 a new sentence is added which reads: “The requirements for holding an advisory referendum may also be prescribed by law.”
Article 15
In Article 90 a new paragraph 2 is added and reads:
“The Croatian Parliament shall adopt the State Budget by majority vote of all representatives.”
The former paragraph 2 becomes 3.
Article 16
Article 92 is amended to read:
“The Ombudsman is a commissioner of the Croatian Parliament in charge of promotion and protection of human rights and freedoms set out by the Constitution, by laws and international legal acts on human rights and freedoms to which the Republic of Croatia is a party.
Anyone may file a complaint before the Ombudsman if they consider that, by unlawful or irregular actions by state administration bodies, local and regional self-government bodies and bodies with public authorities, their Constitutional rights and rights guaranteed by law have been threatened or violated.
The Ombudsman shall be elected by the Croatian Parliament for a term of eight years. The Ombudsman shall be independent and autonomous in his work.
Conditions for the election and relief of duty of the Ombudsman and his deputies, the scope and method of operation shall be regulated by law. Certain authorities pertaining to legal and natural persons may also be conferred upon the Ombudsman by law, for the purpose of protection of fundamental Constitutional rights.
The Ombudsman and other commissioners of the Croatian Parliament in charge of promoting and protecting human rights and fundamental freedoms shall have immunity the same as representatives in the Croatian Parliament.”
Article 17
In Article 106 paragraph 2 is amended to read:
“Advisory, expert and other tasks shall be performed by the Office of the President of the Republic. The organisation and competence of the Office shall be regulated by the President of the Republic of Croatia by virtue of a decision. The Office of the President of the Republic of Croatia and the expert services of the Government of the Republic of Croatia shall cooperate in the performance of tasks of joint interest. The funds for the operation of the Office of the President of the Republic shall be secured in the State Budget of the Republic of Croatia.”
Article 18
In Article 117, paragraph 3 is amended to read:
“Courts shall administer justice according to the Constitution, the law, international agreements and other valid legal sources.”
Article 19
In Article 118, paragraph 1 is amended to read:
“The Supreme Court of the Republic of Croatia, as the highest ranking court, shall ensure uniform application of the law and equality before the law for all.”
Article 20
Article 120 is amended to read:
“The judicial function shall be personally entrusted to judges.
Lay judges and court counsellors shall participate in the administration of justice, in accordance with the law.”
Article 21
In Article 121 paragraph 3, after the word: “detained” the words: “or held on remand” are added.
Article 22
In Article 122 paragraph 2 is deleted.
The former paragraphs 3 to 5 become paragraphs 2 to 4.
In the former paragraph 6 which becomes paragraph 5, the words: “4 and 5” are replaced by the words: “3 and 4”.
The former paragraphs 7 and 8 become paragraphs 6 and 7.
Article 23
Article 123 is amended to read:
“The National Judicial Council is an independent and autonomous body which ensures the independence and autonomy of the judiciary in the Republic of Croatia.
The National Judiciary Council, in accordance with the Constitution and the law, makes independent decisions on the appointment, promotion, transfer, relief of duty and disciplinary liability of judges and presidents of courts, with the exception of the President of the Supreme Court of the Republic of Croatia.
The decisions referred to in paragraph 2 of this Article shall be made by the National Judicial Council in an unbiased manner, based on criteria prescribed by law.
The National Judicial Council shall participate in the education and training of judges and other judicial staff.
The National Judicial Council shall consist of eleven members, including seven judges, two university professors of law and two parliament representatives, of which one from among members of the opposition.
Members of the National Judicial Council shall elect a president from amongst themselves.
Presidents of courts may not be elected as members of the National Judicial Council.
Members of the National Judicial Council shall be elected for a four-year term and no one may be a member of the National Judicial Council for more than two terms.
The scope, organisation, method of election of members and method of operation of the National Judicial Council shall be regulated by law.”
Article 24
Article 124 is amended to read:
“The State Attorney’s Office is an autonomous and independent judicial body empowered and due to proceed against those who commit criminal and other punishable offences, to undertake legal measures for the protection of the property of the Republic of Croatia and to provide legal remedies for the protection of the Constitution and the law.
The Chief State Attorney of the Republic of Croatia shall be appointed by the Croatian Parliament at the proposal of the Government of the Republic of Croatia and with a prior opinion of the competent committee of the Croatian Parliament for a four-year term.
Deputy State Attorneys shall, in conformity with the Constitution and the law, be appointed and relieved of duty by the National Council of State Attorneys which also brings decisions on their disciplinary liability.
The decisions referred to in paragraph 3 of this Article shall be brought by the National Council of State Attorneys in an unbiased manner, based on criteria prescribed by law.
Deputy State Attorneys shall perform their duty as state attorneys on a permanent basis.
The National Council of State Attorneys shall consist of eleven members, including seven deputy state attorneys, two university professors of law and two parliament representatives, of which one from among members of the opposition.
Members of the National Council of State Attorneys shall be elected for a four-year term and no one may be a member of the National Council of State Attorneys for more than two terms.
Members of the National Council of State Attorneys shall elect a president from amongst themselves.
Head officials from State Attorney’s Offices may not be elected as members of the National Council of State Attorneys.
The scope, organisation, method of election of members and method of operation of the National Council of State Attorneys shall be regulated by law.
The establishment, organisation, scope and competence of the State Attorney’s Office shall be regulated by law.”
Article 25
In Article 125, paragraph 1 is amended to read:
“The Constitutional Court of the Republic of Croatia shall consist of thirteen judges elected by the Croatian Parliament by a two thirds majority vote of the total number of representatives from among notable jurists, especially judges, state attorneys, lawyers and university professors of law, in the manner and following the procedure prescribed by the Constitutional law. The term of office of a judge of the Constitutional Court shall last eight years and shall be extended until a new judge takes office in the event that a new judge has not been elected or has not taken office before the term of the previous judge has expired, and for a maximum of six months on an exceptional basis.”
Article 26
In Article 132 after paragraph 3, paragraph 4 is added and reads:
“Rights set out in this Article shall also be realised in the Republic of Croatia by citizens of the European Union, in accordance with the law and the acquis communautaire.”
Article 27
In Article 134 paragraph 1 after the word: “sports” the words: “technical culture,” are added.
Article 28
In Article 141 paragraph 4 the words: “of the total number of voters in the State” are replaced by the words: “of the number of voters who participated in the referendum”.
Article 29
After Article 141 a new Title VII.A EUROPEAN UNION is added with Articles 141.a, 141.b, 141.c and 141.d and their accompanying headings which read:
“VII.A EUROPEAN UNION
1. LEGAL FOUNDATION FOR MEMBERSHIP AND TRANSFER OF CONSTITUTIONAL POWERS
Article 141.a
The Republic of Croatia, pursuant to Article 141 of the Constitution, as a Member State of the European Union, participates in the creation of European unity in order to ensure, together with other European countries, lasting peace, freedom, security and prosperity and achieve other common goals, in accordance with the fundamental principles and values on which the European Union is based.
The Republic of Croatia, pursuant to Article 139 and 140 of the Constitution, hereby confers upon the institutions of the European Union the powers required for realising the rights and fulfilling the obligations overtaken on the basis of EU membership.
2. PARTICIPATION IN THE WORK OF EUROPEAN UNION INSTITUTIONS
Article 141.b
Citizens of the Republic of Croatia shall have direct representation in the European Parliament where they shall make decisions on issues from within its scope of competence through their elected representatives.
The Croatian Parliament shall participate in the European legislative procedure in accordance with the treaties upon which the European Union is founded.
The Government of the Republic of Croatia shall report to the Croatian Parliament on the proposals of regulations and decisions in the adoption of which it is participating in European Union institutions. The Croatian Parliament may adopt conclusions on these proposals, on the basis of which the Government takes further action in EU institutions.
Supervision carried out by the Croatian Parliament over the work of the Government of the Republic of Croatia in institutions of the European Union shall be regulated by law.
The Republic of Croatia shall be represented in the Council and in the European Council by the Government and the President of the Republic of Croatia, in accordance with their constitutional powers.
3. EUROPEAN UNION LAW
Article 141.c
Realisation of rights stemming from the acquis communautaire shall be deemed equal to the realisation of rights guaranteed under the Croatian legal order.
Legal acts and decisions accepted by the Republic of Croatia in the institutions of the European Union shall apply in the Republic of Croatia in accordance with the acquis communautaire.
Croatian courts shall protect the subjective rights based on the acquis communautaire.
State bodies, bodies of local and regional self-government and legal persons vested with public authorities shall apply the acquis communautaire directly.
4. RIGHTS OF EUROPEAN UNION CITIZENS
Article 141.d
Citizens of the Republic of Croatia are citizens of the European Union and shall enjoy the rights guaranteed to them by the acquis communautaire, and especially:
– freedom of movement and establishment on the territory of all the Member States,
– active and passive right to vote at elections for European Parliament and at local elections in another Member State, in accordance with the regulations of the Member State in question,
– right to diplomatic and consular protection of any Member State, equal to the protection of its own citizens when found in a third country in which the Republic of Croatia does not have a diplomatic mission or consulate,
– the right to submit petitions to the European Parliament, complaints to the European Ombudsman and the right to address the institutions and advisory bodies of the European Union in the Croatian language, in addition to all other official languages of the European Union, and the right to receive a response drawn up in that same language.
All rights shall be realised in accordance with the conditions and restrictions prescribed by the treaties on which the European Union is founded and measures adopted on the basis of those treaties.
In the Republic of Croatia all rights guaranteed under the acquis communautaire shall be enjoyed by all citizens of the European Union.”
Article 30
The Croatian Parliament shall adopt a Constitutional Act for the implementation of the Constitution of the Republic of Croatia within six months from the day of promulgation of the Amendments to the Constitution.
Article 31
The Amendments to the Constitution shall enter into force on the day of their promulgation, with the exception of Article 4 in the part relating to the execution of decisions on surrender adopted in accordance with the acquis communautaire, Article 26 and the added Articles 141.b, 141.c and 141.d from Article 29 of these Amendments to the Constitution, which shall enter into force on the day of accession of the Republic of Croatia to the European Union.
Class: 012-02/10-01/01
Zagreb, 16 June 2010
THE CROATIAN PARLIAMENT
The President of the Croatian Parliament Luka Bebić, m.p.