General Information on the Judicial Power
in the Republic of Croatia
The government in the Republic of Croatia is organized on the principle of separation of powers into legislative, executive and judicial branches.
Judicial power is exercised by the courts. The judiciary is autonomous and independent. The courts administer justice according to the Constitution and law, as well as according to international agreements and treaties in force.
In the Republic of Croatia the administration of justice is carried out by misdemeanor courts, municipal courts, county courts, commercial courts, the High Misdemeanor Court of the Republic of Croatia, the High Commercial Court of the Republic of Croatia, the Administrative Court of the Republic of Croatia and the Supreme Court of the Republic of Croatia.
As of 11. September 2002, there were 110 misdemeanor courts, 104 municipal courts and 11 commercial courts as courts of the first instance. The opening of the Commercial Court in Sisak is pending.
The High Commercial Court (1 court), as well as the county courts (20 courts), are generally courts of the second instance. In criminal matters, county courts conduct investigation and adjudicate certain types of criminal cases in the first instance. The Administrative Court of the Republic of Croatia (1 court) decides on appeals against the final administrative acts (administrative disputes). The Supreme Court of the Republic of Croatia, as a highest judicial instance, ensures the uniform application of law and equal position of citizens under the law.
In Croatia, therefore, a total of 249 courts are in operation. In 20 Croatian counties – out of 21 - the county courts are operational, while establishment of one county court is pending.
As of 31. December 2001 there was a total of 1.756 judges working at Croatian courts, with 1.084 or 62% of them being women. In addition, there are 292 judicial advisers and associates employed at the courts, 218 graduated lawyers in the status of judicial apprentices and 5.214 court clerks and employees. Therefore, a total of 1.756 judges and 5.724 other employees were working at the courts, or 7.480 people in total.
Lay assessors participate in the adjudication along with the judges, in conformity with the law.
In 2001 there were 2.757.992 cases in work in all Croatian courts. Out of this number 1.618.721 cases were newly filed cases, i.e. in these cases parties were turning to the court for the first time. Courts have solved 1.510.733 cases, with 1.247.549 remaining to be solved. All statistics from 1997 onwards show a tendency of constant increase in number of cases. These cases are also becoming ever more complex, due to the new social circumstances.
Court hearings are public, and verdicts are publicly promulgated, in the name of the Republic of Croatia.
As already mentioned, the Supreme Court of the Republic of Croatia ensures the uniform application of laws and equal justice to all citizens. It also discusses all important legal issues arising from the court practice and hears appeals against decisions of county courts rendered in the first instance. It also decides on appeals against final decisions of the High Commercial Court of the Republic of Croatia and the Administrative Court of the Republic of Croatia, and any other court when specified so by the law. The Supreme Court decides on the conflicts of jurisdiction between the courts in the territory of the Republic of Croatia when they have the same immediately superior court. It also provides for the professional development of judges, and performs other tasks stipulated by law.
The President of the Supreme Court is elected and relieved of duty by the Croatian Parliament at the proposal of the President of the Republic, with a prior opinion of the General Session of the Supreme Court and of the authorized Committee of the Croatian Parliament. The President’s mandate is four years.
The Supreme Court of the Republic of Croatia has Civil and Criminal departments, with 41 justices, including the President. All judicial positions are filled at the moment.
The Supreme Court of the Republic of Croatia publishes judicial practice in a publication titled Selected Decisions of the Supreme Court of the Republic of Croatia, thus making the court practice accessible to professional, as well as to overall public. The Supreme Court maintains its web-page on which the court practice is also published. Access to this web-page is free of charge.
Judges in the Republic of Croatia are appointed and relieved of duty by the State Judicial Council, which is also authorized for deciding on judges’ disciplinary responsibility. It consists of 11 members elected by the Croatian Sabor from among notable judges, attorneys at law and university professors of law. The majority of the State Judicial Council members – seven out of eleven - must be from the ranks of judges.
Judicial office is permanent. Exceptionally, at assuming the judicial office for the first time judges are appointed for a five-year term. After the renewal of the appointment, judges assume their duty as permanent
A citizen of the Republic of Croatia who has completed studies at a faculty of law, has passed the bar exam, has experience in specific legal jobs, professional qualifications and proven work capacities may be appointed to a judicial position. For example, a person who has, after passing the bar exam, spent two years working as a counselor at the court or other judicial bodies, or was an attorney at law, notary public or associate notary public, or was teaching at a faculty of law, or has spent at least four years in other legal professions, may be appointed to the position of a misdemeanor or municipal court judge. Or another example, a person may be appointed as a justice of the Supreme Court of the Republic of Croatia after spending fifteen years as a judicial official at the court or other bodies of the legal system, or as an attorney at law or notary public, or as a university professor of legal sciences with 15 years of experience and passed bar exam.
A judge shall be relieved of judicial duty at his/her own request; if becomes permanently incapacitated for performing judicial duties; if sentenced for a criminal offence which makes him/her unworthy of the judicial office; if, in conformity with the law, so decides the State Judicial Council due to the commitment of an act of serious infringement of discipline; and when reaches 70 years of age.
Since late 2000 judicial self-government within Croatian courts has been strengthened through regulation that governs foundation and operation of judge's councils. According to this regulation judges' councils have a significant role in the process of judicial appointments through rendering opinions on judicial performance of candidates from within the jurisdiction of their courts, as well as through proposing the candidates for the position of the president of the court.
Performance of a judge appointed for the first time to a judicial office is assessed every year, while the performance of other judges is being assessed every three years.
Judges are prohibited from membership in political parties and from taking part in political activities. A judge must not perform any other services or jobs that may impair his/her independence, impartiality or autonomy, or would diminish his/her social standing, or are otherwise incompatible with a judicial function. A judge must not disclose information on parties and their rights, obligations or legal interests obtained in the course of the performance of his/her judicial duties. A judge shall keep confidential all information which were not a subject of the public hearing.
A judge must constantly develop him/herself professionally and participate in the programs of professional education and development.
Court presidents are appointed by the Minister of Justice from among the candidates proposed by the judges’ council. Court president is appointed to a four-year term, and may be appointed again. President of the court who has not been re-appointed to that position continues to perform judicial duties at the court where he/she was appointed as a judge.