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What is a constitution? Which are main types of constitutions? When was the Constitution of the Republic of Croatia adopted? What kind of a state is Croatia?
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A constitution is a __________ document and the __________ legal act of a state. A constitution ____________ the state. A constitution establishes the _______________ of a political community.
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A constitution is a BASIC document and the SUPREME legal act of a state. A constitution FORMS/CONSTITUTES the state. A constitution establishes the FUNDAMENTAL PRINCIPLES of a political community.
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Translate the following phrases: Vlast proizlazi iz naroda Neprenosiv suverenitet Nepovredivost vlasništva Izvršna grana vlasti
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Vlast proizlazi iz naroda – power derives from the people Neprenosiv suverenitet – untransferable sovereignty Nepovredivost vlasništva – inviolability of ownership Izvršna grana vlasti – executive branch
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Insert the missing verbs: The people shall __________ power through the election of representatives The Republic of Croatia may __________ alliances with other states Government shall be __________ on the principle of separation of powers Everyone shall _______ the legal order
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The people shall EXERCISE power through the election of representatives The Republic of Croatia may CONCLUDE alliances with other states Government shall be ORGANIZED on the principle of separation of powers Everyone shall RESPECT the legal order
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Insert prepositions: Power belongs __ the people Laws shall conform __ the Constitution Everone shall abide __ the Constitution All shall be equal ___ the law
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Power belongs TO the people Laws shall conform TO the Constitution Everone shall abide BY the Constitution All shall be equal BEFORE the law
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Think of a definition of rule of law! Why is it called a rule? What does it provide?
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A legal principle, of general application, sanctioned by the recognition of authorities OR a doctrine that all men are equal before the law Called a “rule”, because in doubtful or unforeseen cases it is a guide or norm for the decision Provides that decisions should be made by the application of known principles or laws without the intervention of discretion in their application
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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
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The highest court is the Supreme Court Its main purpose: to ensure a uniform application of law and equal justice to all
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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
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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
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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
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Courts of General Jurisdiction Courts of Special Jurisdiction
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Municipal Courts Courts of the Counties (County Courts) The Supreme Court
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Misdemeanor courts Commercial courts Administrative courts The Constitutional Court
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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.
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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
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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
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A court of full jurisdiction with respect to court decisions and it can void them, confirm them or revise them The appellate court in all cases where municipal court was the first instance
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The Supreme Court starts the process of constitutional challenge – constitutional review of the law in the Constitutional Court
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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
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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
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The Constitutional Court consists of eleven 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
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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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Uniform application of laws – jedinstvena primjena zakona Term of office – mandat Court hearing – sudska rasprava Public may be barred – javnost se može isključiti Marital disputes – bračni sporovi Misdemeanors - prekršaji
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Municipal courts – općinski sudovi County courts – županijski sudovi First instance jurisdiction – prvostupanjska nadležnost Natural person – fizička osoba Legal (artificial) person – pravna osoba
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