Croatia Has a New Constitution

The Croatian Parliament has amended the Constitution of the Republic of Croatia for the fourth time, enabling the conclusion of accession negotiations and the entry of the Republic of Croatia into the European Union, reports hrt.hr

A total of 133 representatives voted for the amendments to the Constitution, four were against, and one abstained. Those against were representatives Boro Grubišić, Dragutin Lesar, Daniel Srb, and Ivica Pančić. Due to EU membership, the conditions for making a referendum decision on Croatia’s accession to the EU have been eased, whereby, instead of the current majority of all registered voters, a majority of voters participating in the referendum will now be sufficient. The same majority is required for making other referendum decisions. The Constitution allows for the application of the European Arrest Warrant from the moment Croatia joins the EU, as well as enabling the extradition of Croatian citizens to the judicial authorities of other states based on international treaties even before joining the EU.

The independence of the judiciary has been strengthened, and an independent selection of judicial officials has been ensured, as well as full independence of the Croatian National Bank (HNB) and the State Audit Office. Citizens of EU member states will have the right to vote in local elections from the moment the Republic of Croatia joins the EU, and courts are given the authority to directly apply EU law. A special chapter has been added to the Constitution, establishing the legal basis for Croatia’s membership in the EU and participation in European institutions.

Along with European changes, all 22 national minorities have been included in the Preamble of the Constitution, as well as a formulation regarding the victory of Croatian defenders in a just, legitimate, and liberating war. The Constitution also states that the state particularly cares for defenders, Croatian war veterans, widows, and children of fallen Croatian defenders. The statute of limitations for war profiteering and conversion and privatization crimes has been disabled.

Croatian citizens without residence in Croatia will henceforth vote exclusively in diplomatic and consular missions in the countries where they reside, but they will elect a fixed three representatives in the Parliament, regardless of how many respond to the elections. Constitutional judges will be elected by a two-thirds majority of all representatives in the Croatian Parliament instead of a simple majority, and a judge whose term has expired will remain in office for up to six months after the expiration of the term if the Parliament does not appoint a new one.

The provision stating that the Office of the President of the Republic is regulated by a special law has been removed, and the organization and scope of its office will be determined by the President himself by decision. Regarding the deployment of Croatian soldiers outside Croatian borders, the Parliament will decide by a simple majority of all representatives instead of a two-thirds majority, but with the consent of the President of the Republic. If the President of the Republic withholds consent, the decision will be made by two-thirds of the representatives.

In the future, the state budget will also be adopted by a qualified majority of parliamentary representatives. The constitutional limitation of compulsory education to primary school has been abolished. The right to access information will become a constitutional category, and the role of the ombudsman has been strengthened by these changes, granting him immunity from criminal prosecution similar to that of representatives. (www.hrt.hr)