review of central and east european law 42 (2017) 263-293 brill.com/rela Concepts of National and Constitutional Identity in Croatian Constitutional Law Jurij Toplak University of Maribor, Faculty of Law, Maribor, Slovenia Alma Mater Europaea ECM, Maribor, Slovenia <
[email protected]>; <
[email protected]> Djordje Gardasevic University of Zagreb, Faculty of Law, Zagreb, Croatia <
[email protected]> Abstract The Croatian Constitutional Court recently rendered two important decisions con- cerning two national minorities’ rights: the right to vote in parliamentary elections; and the right to use minority language. In both decisions, the Court relied on a newly developed concept of Croatian national identity. This article explores and critically explains the wider social, political and legal context that has produced the emergence of the idea of a constitutional identity in Croatian constitutional jurisprudence. In addition, it evaluates the potential effects this new constitutional concept may have for future developments in Croatia’s political and constitutional system. This article also compares Croatian and Slovenian solutions to certain questions as the Slovenian Constitutional Court has ruled on strikingly similar issues, but arrived at different conclusions. Keywords national identity – minority representation – minority protection – right to vote – language – constitutional court © koninklijke brill nv, leiden, 2017 | doi 10.1163/15730352-04204001Downloaded from Brill.com09/26/2021 02:21:29PM via free access <UN> 264 Toplak and Gardasevic 1 Introduction The implementation of European standards of minority protection in Croatia has been a strenuous effort.1 In that connection, in 2011 and 2014, the Croatian Constitutional Court delivered two important decisions on two national mi- norities’ rights: the right to vote in parliamentary elections; and the right to use a minority language.