2.  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?

3.  A constitution is a __________ document and the __________ legal act of a state.  A constitution ____________ the state.  A constitution establishes the _______________ of a political community.

4.  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.

5.  Translate the following phrases:  Vlast proizlazi iz naroda  Neprenosiv suverenitet  Nepovredivost vlasništva  Izvršna grana vlasti

6.  Vlast proizlazi iz naroda – power derives from the people  Neprenosiv suverenitet – untransferable sovereignty  Nepovredivost vlasništva – inviolability of ownership  Izvršna grana vlasti – executive branch

7.  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

8.  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

9.  Insert prepositions:  Power belongs __ the people  Laws shall conform __ the Constitution  Everone shall abide __ the Constitution  All shall be equal ___ the law

10.  Power belongs TO the people  Laws shall conform TO the Constitution  Everone shall abide BY the Constitution  All shall be equal BEFORE the law

11.  Think of a definition of rule of law!  Why is it called a rule?  What does it provide?

12.  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

13. 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

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

15.  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

16.  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

17.  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

19.  Courts of General Jurisdiction  Courts of Special Jurisdiction

20. Municipal Courts Courts of the Counties (County Courts) The Supreme Court

21. Misdemeanor courts Commercial courts Administrative courts The Constitutional Court

22.  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.

23.  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

24.  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

25.  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

26.  The Supreme Court starts the process of constitutional challenge – constitutional review of the law in the Constitutional Court

27.  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

28.  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

29.  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

30.  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

31.  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

32.  Municipal courts – općinski sudovi  County courts – županijski sudovi  First instance jurisdiction – prvostupanjska nadležnost  Natural person – fizička osoba  Legal (artificial) person – pravna osoba