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Constitutional Court of the Republic of Croatia is not considered as part of the judicial branch but the Court sui generis. It is the interprator and guardian of the Croatian Constitution and considered the highest judicial authority de facto, because it can abolish Supreme Court decisions on human rights breach basis.
Its main task is to decide on the conformity of laws with the Constitution and other regulations with the Constitution and laws.
It decides on constitutional complaints against the individual decisions of governmental bodies, bodies of local and regional self-government and legal entities with public authority, when these decisions violate human rights and fundamental freedoms, as well as the right to local and regional self-government.
Constitutional Court also observes the realization of constitutionality and legality and notify the Croatian Parliament on the instances of unconstitutionality and illegality observed, as well as decides on jurisdictional disputes between the legislative, executive and judicial branches.
The Court decides on the impeachment of the President of the Republic, supervises the constitutionality of the programs and activities of political parties and may ban their work, and supervises the constitutionality and legality of elections and national referenda, and decide on the electoral disputes which are not within the jurisdiction of courts.
Its principle and most important role is defined in Article 130 of the Croatian Constitution:
The Constitutional Court of the Republic of Croatia shall repeal a law if it finds it to be unconstitutional.
The Constitutional Court of the Republic of Croatia shall repeal or annul any other regulation if it finds it to be unconstitutional or illegal.
The Constitutional Court consists of thirteen judges elected by the Croatian Parliament for a term of eight years from among notable jurists, especially judges, public prosecutors, lawyers and university professors of law and elects its President for a term of four years.
Current composition:
President: Petar Klarić
Deputy President: Jasna Omejec
Judges:
- Marijan Hranjski
- Mario Kos
- Ivan Matija
- Ivan Mrkonjić
- eljko Potočnjak
- Agata Račan
- Emilija Rajić
- Smiljko Sokol
- Nevenka ernhorst
- Vice Vukojević
- Milan Vuković
FORMER PRESIDENTS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA:
- (1991-1999) Jadranko Crnić
- (1999-2003) Smiljko Sokol
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