The Judicial Branch

Judiciary is a branch of government whose task is the authoritative adjudication of controversies over the application of laws in specific situations.

Video exercise https://www.youtube.com/watch?v=6pXjzRprLcI Watch the video and complete the following paragraph: The judiciary (also known as the judicial system or court system) is the system of courts that _______________ the law in the name of the state. The judiciary also provides a mechanism for the ___________ of disputes. In some nations, under doctrines of separation of powers, the judiciary generally does not make law (which is the responsibility of the ______________) or enforce law (which is the responsibility of the _______________), but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as ___________ Law, by setting precedent for other judges to follow, as opposed to Statutory Law made by the legislature. The Judiciary is often tasked with ensuring equal ____________ under law.

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. In some nations, under doctrines of separation of powers, the judiciary generally does not make law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, as opposed to Statutory Law made by the legislature. The Judiciary is often tasked with ensuring equal justice under law.

Civil cases Conflicts brought before the judiciary are embodied in cases involving litigants, who may be individuals, groups, legal entities (e.g., corporations), or governments and their agencies. Conflicts that allege personal or financial harm resulting from violations of law or binding legal agreements between litigants—other than violations legally defined as crimes—produce civil cases. Judicial decisions in civil cases often require the losing or offending party to pay financial compensation to the winner.

Criminal cases Crimes produce criminal cases, which are officially defined as conflicts between the state or its citizens and the accused (defendant) rather than as conflicts between the victim of the crime and the defendant. Judicial decisions in criminal cases determine whether the accused is guilty or not guilty. A defendant found guilty is sentenced to punishments, which may involve the payment of a fine, or a term of imprisonment.

Administrative cases Administrative cases are disputes between individuals, groups, or legal entities and government agencies over the application of laws or the implementation of government programs. Most legal systems have incorporated the principle of state sovereignty, whereby governments may not be sued by non-state litigants without their consent. This principle limits the right of litigants to pursue remedies against government actions. Nevertheless, the right of citizens to be free from the arbitrary, improper, abusive application of laws and government regulations has long been recognized and is the focus of administrative cases.

Uncontested cases In many cases the conflicts that are nominally brought to courts for resolution are uncontested. The majority of civil cases—such as those involving divorce, child custody, or the interpretation of contracts —are settled out of court and never go to trial.

Judicial proceedings When the judiciary does decide a controversy, a body of regulations governs what parties are allowed before the court, what evidence will be admitted, what trial procedure will be followed, and what types of judgments may be rendered. Judicial proceedings involve the participation of a number of people.

Judge and jury Although the judge is the central figure, along with the parties to the controversy and the lawyers who represent them, there are other individuals involved, including witnesses, clerks, bailiffs, administrators, and jurors when the proceeding involves a jury.

Functions The stated function of the courts is the authoritative adjudication of controversies over the application of laws in specific situations. However, it is unavoidable that courts also make law and public policy, because judges must exercise at least some measure of discretion in deciding which litigant claims are legally correct or otherwise most appropriate.

Judicial review Law-making and policy making by courts are most evident when powerful national supreme courts (e.g., the Supreme Court of the United States) exercise their power of judicial review to hold laws or major government actions unconstitutional.

Enforcement After a court decision has been made, it may or may not require enforcement. In many cases the parties accept the judgment of the court and conform their behaviour to it. In other cases a court must order a party to cease a particular activity. The enforcement of such orders is carried out by the executive branch and may require funding from the legislative branch.

Judical Power in the Republic of Croatia

Judicial Power Article 117 Judicial power shall be exercised by courts Judicial power shall be independent and autonomous Courts shall administer justice according to the Constitution and law

Article 118 The highest court is the Supreme Court Its main purpose: to ensure a uniform application of law and equal justice to all

The President of the Supreme Court Appointed and relieved from 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 Four-year term of office

Article 119 Court hearings are public and judgments are pronounced publicly in the name of the Republic of Croatia Public may be barred to protect the interests of morality, public order or national security In particular if minors are tried, or in order to protect private lives of the parties, or in marital disputes and proceedings in connection with guardianship (custody) and adoption

The public may be barred for the purpose of protecting military, official or business secrets and for the protection of the security and defense of the Republic of Croatia, but only to the extent which is in the opinion of the court absolutely necessary in specific circumstances in which the public might be harmful to the interest of justice

Courts in the Republic of Croatia Courts of General Jurisdiction Municipal Courts Courts of the Counties (County Courts) The Supreme Court

Courts of Special Jurisdiction Misdemeanor courts (Police courts) Commercial courts Administrative courts The Constitutional Court

Courts of General Jurisdiction The cornerstones of judicial practice in Croatia. These courts judge in all disputes except in those where law explicitly determines jurisdiction of another court. These courts are organised hierarchically in three instances and divided into regions.

Municipal Courts Courts with first instance jurisdiction in civil and criminal cases in criminal division the municipal courts judge in all cases where penalty goes up to ten years in civil litigation municipal courts are first instance courts in all procedures (support suits, torts, family relations etc.) - hold land registers

Courts of the Counties Second instance courts On occasion, these courts are used as first instance courts: in criminal cases if the penalty is more than ten years or by special regulation (the compensation for expropriated real estate, certain rights) They decide in matters of conflict of jurisdiction among municipal courts

The Supreme Court A court of full jurisdiction with respect to court decisions and it can void them, confirm them or revise them As the last instance court it decides on extraordinary legal remedies against valid court decisions of the courts of general jurisdiction and all other courts in Croatia

The Supreme Court as the highest court The appellate court in all cases where municipal court was the first instance It starts the process of constitutional challenge – constitutional review of the law in the Constitutional Court

The Constitutional Court In accordance with the Constitution of 1990, this Court decides on the conformity of laws with the Constitution and may repeal a law if it finds it to be unconstitutional It decides on the conformity of other regulations with the Constitution and law and may repeal or annul any other legislation if it finds it to be unconstitutional or illegal

Protection of freedoms The Constitutional Court protects the constitutional freedoms and rights of citizens in proceedings instituted by a constitutional complaint It also decides jurisdictional disputes among the legislative, executive and judicial branches

Judges The Constitutional Court consists of thirteen judges elected by Parliament for a term of eight years, from among outstanding jurists, especially judges, public prosecutors, lawyers and university professors of law Judges may not perform any other public or professional duty The Court elects a president for a term of four years

Removal of judges A judge of the Constitutional Court may be removed from office before the expiry of the term for which they were elected if: they so request; If they are sentenced to a term of imprisonment; If they are permanently incapacitated for performing the office

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