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Judiciary Act (Law on Courts), 克罗地亚

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详情 详情 版本年份 1997 日期 议定: 1993年1月1日 文本类型 框架法 主题 知识产权及相关法律的执行, 其他 The notification by Croatia to the WTO under Article 63.2 of TRIPS states:
'Regulates jurisdiction of Croatian courts.'

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Please note that the translation provided below is only provisional translation and therefore does

NOT represent an official document of Republic of Croatia. It confers no rights and imposes no

obligations separate from does conferred or imposed by the legislation formally adopted and

published in Croatian language.

Please note that this translation is a purified text version including all amendments and decisions

on the Act finishing with and including Amendments to the Act from the Official Gazette no.

141/2004 from October 13, 2004.

JUDICIARY ACT

I. GENERAL PROVISIONS

Article 1

This Act regulates the organisation, competence and jurisdiction of courts, their internal

organisation, the conditions for the appointment and removal of judges, jurors and Presidents of the

courts as well as their rights and responsibilities, special arrangements regarding the Supreme Court

of the Republic of Croatia, the protection of persons and the property of judicial bodies, the

conditions and procedures for the appointment of official court interpreters, expert witnesses and

appraisers, court and judicial administration, conditions for the employment of officials and

employees, confidential official information and the provision of funds for the work of courts.

Article 2

Courts are state organs which exercise judicial power autonomously and independently within the

limits of their lawful competences and jurisdiction.

Article 3

Courts shall protect the legal order of the Republic of Croatia as established by the Constitution and

acts of legislature, and provide for the uniform application of laws and equal protection before the

law.

Courts shall decide cases on the fundamental rights and duties of man and citizen, on the rights and

duties of the Republic of Croatia, local self­government and administration, shall pronounce

sanctions and other measures to the perpetrators of crimes, misdemeanours and petty offences

specified by law, review the legality of individual acts of public administration and persons vested

with public authority, decide disputes on personal relations, labour cases, commercial, property and

other civil cases, and deliberate on other legal cases which may be provided for by law.

2Judiciary Act (Law on Courts)

Article 4

Everyone is entitled to have his civic rights and obligations or his criminal liability fairly and

publicly argued, within reasonable time, and for these to be decided upon by an independent and

impartial court established by law.

Parties may agree to assign legal cases falling within judicial jurisdiction to arbitral tribunals, in

accordance with law.

Everyone shall have the privilege to address petitions in respect of the operation of a court or work

of a judge, unnecessary delays of procedure where a party has legal interest, or in respect of the

professional behaviour of a judge or other judicial employee, and shall have the right to receive an

answer.

Article 5

Courts shall administer justice in compliance with the Constitution and acts of the legislature.

Courts shall administer justice in compliance with international treaties which are a part of the legal

order of the Republic of Croatia.

Courts shall apply other regulations which are adopted in accordance with the Constitution, an

international treaty or a law of the Republic of Croatia.

Article 6

Any interference with the administration of justice, and, particularly, any use of public authority,

the media, and, in general, public presentations, in order to interfere with the judicial process and its

outcome, is forbidden.

A judicial decision may be reviewed and set aside only by a competent court and with respect to the

due process of law.

Everyone in the Republic of Croatia shall respect and comply with a final and enforceable judicial

decision.

Article 7

Cases falling within judicial jurisdiction shall in the first instance be decided by an individual judge.

A panel of judges shall decide cases in the first instance in cases stipulated by law.

Courts of appeal shall deliberate in panels, and, in cases provided for by law, in Convention.

Jurors shall participate in judicial deliberations in accordance with law.

Article 8

Judges shall be appointed to and removed from their office under the conditions and according to a

procedure which guarantees the professional work, independence and dignity of the judiciary.

3Judiciary Act (Law on Courts)

Article 9

A judge or a juror shall not be held responsible, taken into custody or punished for a given opinion

or a vote cast in the course of judicial deliberation.

Judges shall have immunities in accordance with this Act.

A judge shall not be taken into custody, or be subject to criminal procedure, without permission of

the High Judiciary Council.

A judge may be taken into custody without permission of the High Judiciary Council, only if he

committed a crime for which the law provides imprisonment of five years or more and was

apprehended at the scene of the crime which was in progress. The President of the High Judiciary

Council shall be informed of such an act.

When the High Judiciary Council is not in session, permission to arrest a judge or to conduct a

criminal proceeding against a judge or to make a decision on his/her immunity shall be given by the

President of the High Judiciary Council. The decision of the President of the High Judiciary

Council must be confirmed by the High Judiciary Council within eight days.

Judges have the privilege not to testify on the content of deliberations or on any other circumstances

they must keep as an official secret.

Article 10

Cases shall be assigned to judges and panels according to a schedule which is determined in

advance on an annual basis. A case which, according to such a schedule, should be assigned to a

particular judge or panel, may be assigned to another judge or a panel only if the original judge or

panel is not able to perform their task.

President of the Supreme Court of the Republic of Croatia may determine, based on the prior

opinion obtained from the Convention of the Supreme Court, that another court having subject

matter jurisdiction is to proceed in a certain type of matters, i.e. an individual legal matter, if the

court having geographical and subject matter jurisdiction pursuant to the law may not try these

cases and reach a decision within a reasonable period, due to a large number of cases pending

before this court.

The President of the Supreme Court of the Republic of Croatia shall issue a decree on the cases to

be tried by another court having subject matter jurisdiction, bearing in mind that these cases are

primarily the ones in which none procedural actions have been undertaken or in which only the

initial actions have been undertaken, such as a response to the action, statement of defence and

alike.

The Court which gives up a case to another court shall notify thereof in writing the parties or their

respective attorneys or representatives.

In case from paragraph 1 of this Article, clients and their proxies are entitled to a compensation of

public transportation costs. Attorneys are entitled to compensation of costs for their absence from

the office during the travel and compensation of transportation costs set by the Tariff on Attorney’s

Awards and Compensation of Costs. These costs shall be paid out from the State Budget, if such

costs exceed the ones that the clients would have incurred had the procedure taken place before the

court of geographical jurisdiction.«

4Judiciary Act (Law on Courts)

Article 11

In the performance of judicial power, courts shall provide for mutual legal assistance.

State bodies and legal persons shall cooperate with courts in the performance of their judicial

power.

Croatian courts shall render legal assistance to foreign courts in accordance with law.

Courts shall render legal assistance to arbitral tribunals if their request for assistance is grounded on

law, if the requested action is legal, and if the court has jurisdiction. Legal assistance to foreign

courts shall be rendered in accordance with the rules regulating legal assistance to foreign courts.

Article 12

Courts shall have a rubber stamp containing the name of the court, and the name and the coat of

arms of the Republic of Croatia.

Court buildings shall bear the name of the court and the coat of arms and shall fly the flag of the

Republic of Croatia.

II ORGANISATION, COMPETENCIES AND JURISDICTION

1. ORGANISATION OF COURTS

Article 13

In the Republic of Croatia, judicial power shall be vested in:

­ petty offence tribunals

­ municipal courts

­ county courts

­ commercial courts

­ The High Petty Offence Tribunal of the Republic of Croatia

­ The High Commercial Court of the Republic of Croatia

­ The Administrative Court of the Republic of Croatia

The highest judicial authority in the Republic of Croatia is the Supreme Court of the Republic of

Croatia.

For certain legal territories, special courts may be established by a separate law.

Article 14

Petty offence tribunals, municipal courts and commercial courts as the courts of first instance shall

be established for the territory of one or more municipalities, one or more towns or a part of a town.

County courts shall be established for the territory of several municipal courts.

The High Petty Offence Tribunal of the Republic of Croatia, The High Commercial Court of the

Republic of Croatia and the Administrative Court of Croatia shall be established for the territory of

the Republic of Croatia and shall have their seats in Zagreb.

5Judiciary Act (Law on Courts)

The Supreme Court of the Republic of Croatia shall have its seat in Zagreb.

Article 15

The Courts shall deliberate in their seats.

Petty offence tribunals, municipal courts and commercial courts may exceptionally exercise judicial

power outside their seats on particular judicial days or may establish permanent offices or

departments.

The Minister of Justice shall adopt a decision regulating judicial days and the establishment of

permanent offices or departments upon a prior opinion of the President of the Supreme Court of the

Republic of Croatia.

Article 15.a

Jurisdiction of municipal, county, commercial courts, High Commercial Court of the Republic of

Croatia and the Supreme Court of the Republic of Croatia in litigation proceedings is regulated by

the Civil Procedure Act (The Official Gazette of the Republic of Croatia, »Narodne novine«, Nos.

53/91, 91/92, 112/99, 88/01 and 117/03).

2. COMPETENCE AND JURISDICTION OF COURTS

Article 15b

Petty offence tribunals shall:

1. have first instance jurisdiction to adjudicate misdemeanours and petty offences, unless for such

proceedings the subject matter jurisdiction of another body is stipulated by law;

2. pursue other activities provided for by law.

The law may provide for a petty offence tribunal to decide in a particular type of case from the

competence of a petty offence tribunal from the territory of several petty offence tribunals.

Article 16

Municipal courts:

1. In criminal cases:

a) shall have first instance jurisdiction to adjudicate criminal offences for which

imprisonment of up to ten years is prescribed, unless, based on law, another court has

jurisdiction.

b) shall pursue other activities provided for by law.

No. 2 DELETED

3. Municipal Courts shall also handle:

6Judiciary Act (Law on Courts)

a) non­contentious and enforcement cases, unless they are within the competence of

another court,

b) cases regarding legacy, the land register, and shall keep the land registry,

c) recognition and enforcement of decisions of foreign courts,

d) international legal assistance,

e) DELETED

Municipal courts shall decide in all cases which are not otherwise within the competence of some

other court or a notary public.

Criminal cases against military persons, military officials and employees in armed forces for the

criminal offences committed in the exercise of their duty or in connection with such duty shall be

tried with the full jurisdiction of municipal courts.

In order to decide in the cases referred to in paragraph 3 of this Article, municipal courts shall

establish a separate section or panel.

Par. 5 DELETED

Article 17

County courts:

1. shall have first instance jurisdiction to adjudicate crimes which may be punished by

imprisonment of more than ten years,

2. shall conduct investigations and other acts, decide appeals against the decision of an

investigating judge and make decisions about his proposals,

3. shall conduct proceedings for the extradition of indicted or convicted persons unless the law

specifies the jurisdiction of the Supreme Court of the Republic of Croatia,

4. DELETED

5. DELETED

6. shall conduct investigatory notary public and disciplinary proceedings and decide such cases in

the first instance when provided for by law,

7. shall hear appeals against decisions delivered in disciplinary proceedings regarding the

malpractice of notaries public when provided for by law,

8. shall enforce foreign judicial decisions in criminal cases,

9. shall carry out any other activities which are provided for by law.

Article 18

(Erased)

Article 19

Commercial courts:

7Judiciary Act (Law on Courts)

1 AND 2 DELETED

1. shall keep court registers.

2. In non­contentious procedures they shall decide on:

­ the registration of vessels in the shipping register and on the registration of rights related to these

vessels, the limitation of liability of shipping operators, appeals concerning the allocation of

liability in shipping disasters, unless provided for differently by law,

­ motions related to the incorporation, operation and winding­up of companies.

3. Commercial courts shall decide and enforce decisions delivered in the first instance, as well as

disputes which arise in the course of the enforcement of these decisions. They may delegate the

execution of non­pecuniary means of the execution debtor to municipal courts. Commercial courts

shall also provide evidence related to proceedings falling within their jurisdiction, and conduct

proceedings for the recognition and enforcement of foreign judicial decisions and arbitral awards in

commercial cases.

4. In cases referred to in paragraph 1 of this Article, Commercial courts shall, on the basis of

reliable documents, decide on and conduct enforcement procedures.

5. Commercial courts shall decide on safeguard measures in cases in which they have jurisdiction.

6. They shall also pursue other activities provided for by law.

Article 19 a

The High Petty Offence Tribunal of the Republic of Croatia:

1. shall decide appeals against the decisions of petty offence tribunals delivered in the first instance

and against other decisions of petty offence tribunals when stipulated by law;

2. shall decide on conflicts of jurisdiction among petty offence tribunals;

3. shall pursue other activities stipulated by law.

ARTICLE 20 DELETED

Article 21

The Administrative Court of the Republic of Croatia

1. shall have jurisdiction to decide in cases against final administrative acts (administrative law

cases),

1. and shall pursue other activities stipulated by law.

Article 22

The Supreme Court of the Republic of Croatia shall:

1. ensure the uniform application of the law and equal protection of all citizens before the law;

8Judiciary Act (Law on Courts)

2. discuss all important legal issues concerning judicial practice;

3. decide on extraordinary legal remedies against final decisions of all courts in the Republic of

Croatia;

4. provide for the professional development of judges;

PREVIOUSLY NOS. 4, 5, 6, 8 ­ DELETED

Article 23

A higher court shall give objections to inferior courts concerning the shortcomings in their decisions

which have been detected in the course of deciding on the legal remedy in the second instance

review, or in any other way.

Higher courts shall request inferior courts to provide information regarding the application of

legislation, problems which arise during trials, problems related to monitoring trials and in

analysing judicial practice and other information, and may also directly look into the work of these

courts, or arrange common meetings with a view to discussing the aforementioned issues.

A higher court, in exercising the powers referred to in paragraphs 1 and 2 of this Article, shall not in

any way interfere with the independence and freedom of an inferior court to deliver a decision in an

individual case.

ARTICLE 24 DELETED

III. INTERNAL ORGANISATION OF COURTS

1. JUDICIAL ADMINISTRATION

Article 25

Judicial administration includes providing the conditions for the proper operation of courts, and in

particular: the organisation of the internal work of courts, care for the regular and timely operation

of courts, the enforcement of criminal sanctions, procedures with persons in custody, the convening

and assigning of jurors, procedures regarding permanent judicial assessors, court interpreters and

expert witnesses, the certification of documents to be used abroad, dealing with submissions and

complaints of parties regarding the operation of courts, specialist work related to the rights and

duties of judicial officials and employees, taking care of the professional development of judges,

judicial advisers, judicial trainees and other judicial officials or employees, statistics, the financial

operations of courts and other activities which may be stipulated by law or by the rules of procedure

on the internal operation of courts (hereinafter: Rules of Procedure).

Article 26

The President of a court shall administer it in accordance with the law and Rules of Procedure.

Where the President of a court is absent or is not able to perform his duty, judicial administration

shall be the responsibility of a judge specified in a schedule of duties determined on an annual basis.

The President of the Supreme Court of the Republic of Croatia shall, in performing the duties of

judicial administration, be assisted by the presidents of the departments of the Court and the Court

9Judiciary Act (Law on Courts)

Clerk. Presidents of other courts shall be assisted by the presidents of the departments of the

respective courts, court clerks or any other official determined by the President of a court.

2. JUDICIAL DEPARTMENTS

Article 27

In courts in which there is more than one panel or more than one individual judge that hears cases in

matters falling within several related legal areas, judicial departments shall be formed, composed of

all the judges who decide in these matters.

The Minister of Justice is authorised to establish a department or a separate panel within a court for

particular classes of cases or matters.

Each department shall be headed by a president appointed by the President of a court on the basis of

an annual schedule of duties, upon a preliminary obtained opinion of the judges of the respective

department.

Article 28

At their meetings, judicial departments shall discuss issues important for the operation of the

department, and in particular: the organisation of internal operations, the operation of the

department, disputable questions of law, the unification of judicial practice, the promotion of the

method of work and professional development of judges, judicial advisers and judicial trainees who

work in the department.

At their meetings, judicial departments of county courts, of the High Petty Offence Tribunal and the

High Commercial Court of the Republic of Croatia shall discuss issues of common interest for the

inferior courts in their respective territories, and issues relevant for application of regulations of

certain legal areas falling within court’s jurisdiction.

At their meetings, judicial departments of the Administrative Court of the Republic of Croatia shall

discuss issues important for the application of legal rules related to particular areas of public

administration, and draft laws regarding issues falling within the competence of that court.

At their meetings, judicial departments of the Supreme Court of the Republic of Croatia shall

discuss issues of common interest for some or all courts from the territory of the Republic of

Croatia, and shall discuss and give opinions on draft regulations from a particular area of law.

PARAGRAPH 5 DELETED

Article 29

Meetings of judicial departments shall be convened and chaired by the president of a department, or

the President of a court. When the president takes part in the work of the meeting of a judicial

department, he chairs it and participates in the decision­making process.

The conventions of all judges of a court shall be convened upon the request of any judicial

department or one quarter of all judges of that court.

A decision at a convention of judges or a judicial department shall be adopted by a majority of the

votes of all judges of the court or department.

10Judiciary Act (Law on Courts)

The President of a court, or a department, may invite outstanding scientists and experts in particular

legal areas to participate in the Convention.

Article 30

Meetings of a department or of judges shall be convened when it is established that differences in

understanding of the application of law exist among individual panels or judges, or when a

particular panel or a judge departs from a previously adopted interpretation of law.

When, in a particular case, a panel or a judge delivers a decision which is incompatible with the

interpretation of any other panel or judge, the president of the department or the President of the

court may decide to suspend the transcription of the decision in order to discuss the divergent

interpretation at the meeting of the department. If, in such a case, the department adopts an

interpretation different from the one delivered by a panel or a judge, the panel or the judge in

question shall reconsider their opinion.

Legal interpretation adopted at the meeting of the judicial department of the Supreme Court of the

Republic of Croatia, Administrative Court of the Republic of Croatia, High Petty Offences Court of

the Republic of Croatia, High Commercial Court of the Republic of Croatia and the county court

shall be binding for all second­instance panels of the same department.

Binding character of the opinion of the lower­rank courts shall be in force until the department of

the Supreme Court of the Republic of Croatia adopts a different opinion.

Article 31

Judicial divisions or services may be established to follow and study judicial practice.

Such divisions or services shall be presided over by a judge.

3. JUDICIAL COUNCILS

Article 31 a

A judicial council shall be established at a county court for the county courts and municipal courts

from the territory of that particular county court.

A judicial council shall be established at the High Commercial Court of the Republic of Croatia for

commercial courts, and for petty offence tribunals, at the High Petty Offence Tribunal.

The duties of the judicial council for the Administrative Court and Supreme Court of the Republic

of Croatia shall be performed by the convention of all judges of each of these courts.

Article 31 b

A judicial council shall:

­ assess the judges' performance,

­ give an opinion on the candidates for judges at the courts within its scope

­ propose candidates for Presidents of courts,

­ pursue other duties laid down by this Act and Rules of Procedure.

11Judiciary Act (Law on Courts)

Judicial councils shall submit reports on their work to the judges of the courts which have

established them at least once a year, and if necessary, they shall also inform them in other ways

about the performance of duties from within their jurisdiction.

Article 31 c

The Judicial Council of a county court shall consist of 15 members, of which 9 members shall be

from among judges of the county court, and 6 from among the judges of the municipal courts in the

respective territory.

If the county court, together with all municipal courts in that territory, has fewer than 50 judges, the

Judicial Council shall have 9 members, of which 6 shall be from among the judges of the county

court, and 3 from among the judges of the municipal courts in the respective territory.

If fewer than 6 judges work at a county court, they shall all be members of the judicial council, and

3 members from among the judges from the municipal courts in the respective territory.

The Judicial Council of commercial courts shall have 15 members, of which 9 shall be from among

the judges of the High Commercial Court of the Republic of Croatia, and 6 from among the judges

of commercial courts.

The Judicial Council of petty offence tribunals shall have 15 members, of which 9 members shall be

from among the judges of the High Petty Offence Tribunal of the Republic of Croatia, and 6 from

among the judges of petty offence tribunals.

First instance courts with more than 50 judges shall elect 6 of their judges to become members of a

judicial council, who, together with the members elected from a higher court, shall constitute a

Judicial Council of a particular first instance court.

Article 31d

The members of judicial councils shall be elected for a period of 4 years by secret ballot.

Article 31e

The members of judicial councils elected from among the judges of county courts shall be elected

by county court judges, and the members of judicial councils elected from among the judges of

municipal courts shall be elected by all judges of the municipal courts from the territory of a

particular county court.

The members of the judicial council of commercial courts shall be elected from among the judges

of the High Commercial Court of the Republic of Croatia or the High Petty Offence Tribunal of the

Republic of Croatia by the judges of these courts, and the members from among the judges of

commercial or petty offence tribunals, shall be elected by the judges of these courts.

Article 31f

Participation in the work of a judicial council shall be the right and the responsibility of every

judge.

12Judiciary Act (Law on Courts)

Unless otherwise prescribed by this Act, candidates to act as members of judicial councils may be

all the judges of the courts electing them who are performing the duty of judge on the day of the

elections for judicial councils.

A judge against whom a disciplinary measure has been pronounced in the previous four years

cannot become a member of a judicial council.

Presidents of courts cannot be members or Presidents of judicial councils, but may participate in

their work without having a voting right when assessing the work of a judge or when giving an

opinion on the candidates for judges of the courts in which they are presidents.

Article 31g

By no later than 1 December of the year in which the mandate of a judicial council expires, the

President of the Judicial Council shall develop a separate list of candidates for each type of court.

The data necessary for the list shall be provided by the Ministry of Justice and by the Presidents of

the courts in which the judicial councils are established. The lists shall be made in alphabetical

order, containing the number, the name of the candidate and a full or an abbreviated name of the

court at which the judge works.

A list of candidates shall be displayed on the notice boards of the courts for which the judicial

council is established not later than eight days prior to the election.

An objection may be raised to the electoral commission regarding the list within three days from the

day of its being displayed on the notice board.

Article 31h

The electoral commission shall be responsible for the election, the supervision of the nomination of

candidates, the voting and counting of the results of voting, and it consists of the president and two

members.

Judicial council shall appoint the electoral commission prior to expiry of the deadline for

determining the list of candidates.

The members of the judicial council and the candidates from the established list of candidates

cannot at the same time be members of the electoral commission at the court at which the election is

held.

Article 31i

The election shall take place not later than 15 days before the expiry of the mandate of the judicial

council. Judicial council sets the date and venue for the election, making sure that all judges may

vote freely.

PARAGRAPH 2 DELETED

The election shall be held in a way that every judge shall circle only as many candidates on the list

given to him/her by the electoral commission, as there are members to be elected to the judicial

council.

13Judiciary Act (Law on Courts)

On the basis of the election and within two days, the electoral commission shall establish a list of

candidates based on the number of votes received, and announce the names of the candidates who

are elected members of judicial councils. The results shall be displayed on the notice boards of the

courts for which a judicial council is elected.

The candidates who receive the largest number of votes shall be elected members of the judicial

council. The candidates, who receive the next largest number of votes to the votes received by the

elected members of the council, shall be considered their deputies.

If two or more candidates receive the same number of votes, the candidate who has more years of

service as a judge of the court for which the elections are held shall be elected. If both candidates

have the same number of years of service, seniority shall prevail.

Article 31j

A complaint against the announced list of candidates, the way the election was held and the results

may be lodged within three days from the announcement and shall be decided in the first instance

by the electoral commission. An appeal against the decision of the electoral commission may be

lodged within two days and it will be decided by the judicial council.

The final results of the election for judicial councils shall be established by the judicial council ten

days after the election. The judicial council shall inform the Presidents of the courts in the

respective territory and the Ministry of Justice of the election results without delay.

Article 31k

A judicial council shall have a president and a deputy president elected by a majority vote of the

members of the judicial council.

Article 31l

A judicial council shall decide at a session by a majority vote of all its members.

When deciding on the duties of the judicial council concerning the judges of county courts, of the

High Petty Offence Tribunal of the Republic of Croatia and of the High Commercial Court of the

Republic of Croatia, only the members of the judicial council who are judges of these courts shall

participate.

A session of the judicial council shall be convened by its President by means of a written notice

delivered to its members at least 8 days before the day it is to be held.

Minutes shall be made of the session of a judicial council.

Article 31 m

On the request of a judicial council, Presidents of courts shall provide data or perform any duty

from within the competence of a judicial council and provide the venue and the conditions

necessary for the work of the judicial council.

14Judiciary Act (Law on Courts)

Article 31n

A member of the judicial council shall cease to perform his/her duty prior to the expiry of his/her

mandate in the following cases:

­ if he/she so requests,

­ if he/she ceases to perform the duty of a judge or is appointed as a judge at a court outside the

territory for which a particular judicial council is competent, or if he/she is appointed President of a

court,

­ if he/she is elected as a member of the High Judiciary Council,

­ if there is a final decision as a result of a disciplinary proceeding against him/her.

If a member of a judicial council ceases to perform his/her duty prior to the expiry of his/her

mandate, a judicial council shall appoint his/her substitute, respecting the order established at the

election for the members of the judicial council.

The mandate of the appointed substitute as a member of the judicial council shall last until the

expiry of the mandate of the judicial council.

IIIa. CODE OF JUDICIAL ETHICS

Article 31.o

Code of judicial ethics (hereinafter: the Code) determines ethical principles and rules of conduct for

judges, for the purpose of maintaining dignity and reputation of judicial duty. In performance of

their duties and during their free time, judges must adhere to the law and the Code.

The Council consisting of presidents of all judicial councils in the Republic of Croatia adopt the

Code.

The Chairperson of the Council from paragraph 2 of this Article is the president of the Judicial

Council of the Supreme Court of the Republic of Croatia.

The Chairperson of the Council convenes the sessions of the Council. The Chairperson of the

Council must convene a session of the Council if so requested in writing by one fourth of all

presidents of judicial councils.

The Council decides in sessions by public vote, by majority vote of all its members.

Article 31.p

The Chairperson of the Council manages the work in making the draft of the Code. The draft shall

be delivered to all presidents of judicial councils in order for them to provide proposals and remarks

within an appropriate term. Presidents of the judicial councils are obliged to inform the judges on

the draft text.

Thereafter, the Council shall determine the proposal of the Code and deliver it to judges for

discussion. The judges may provide remarks and proposals to the delivered proposal of the Code

within 30 days.

15Judiciary Act (Law on Courts)

Draft and proposal of the Code shall be delivered to the Association of Croatian Judges, the

Legislation Committee of the Croatian Parliament and the minister in charge of judicial affairs for

their opinion.

The Code shall be amended and supplemented in the same procedure as for its rendering, at the

proposal of the Judicial Council of the Supreme Court of the Republic of Croatia, one fourth of

judicial councils in the Republic of Croatia, majority of presidents of all judicial councils or the

Association of Croatian Judges.

The President of the Supreme Court of the Republic of Croatia, the Legislation Committee of the

Croatian Parliament, minister in charge of judicial affairs and at least ten judges may submit a

proposal for amendments and supplements to the Code.

IV. SPECIAL PROVISIONS ON THE ORGANISATION OF

THE SUPREME COURT

Article 32

The Supreme Court of the Republic of Croatia consists of a Criminal Law Department, Civil Law

Department, Department for Following, Studying and Recording Judicial Practice, Department for

Education of Judges and Computerisation, President’s Office and other expert and auxiliary­

technical organisational units.

Civil Law Department covers the areas of civil, commercial and administrative law.

Criminal Law Department covers the areas of criminal, petty­offences, and disciplinary proceedings

pursuant to the regulations on attorneys and notary publics.

Judges shall be assigned to particular departments on the basis of an annual schedule of tasks.

The President’s Office performs tasks related to court administration and international cooperation

of the Supreme Court of the Republic of Croatia, which also includes the protocol for the needs of

this court.

Regulations on protocol of the Croatian Parliament and the Government of the Republic of Croatia

apply accordingly to the protocol tasks of the Supreme Court of the Republic of Croatia. The

Supreme Court may, for the purposes of its protocol, use objects intended for the same purpose, that

are at the disposal to the Croatian Parliament and the Government of the Republic of Croatia.

The internal organisation of the Supreme Court of the Republic of Croatia shall be closely regulated

by the Rules of Procedure of the Supreme Court and the Judicial Rules of Procedure, pursuant to the

law. The President of the Supreme Court shall adopt the Rules of Procedure of the Supreme Court

of the Republic of Croatia, upon obtained opinion of the Convention of Judges.«

Article 32a

A person may be appointed President of the Supreme Court of the Republic of Croatia if he/she

meets the general and special requirements for a judge of that court.

Before assuming his/her duty, the President of the Supreme Court of the Republic of Croatia shall

take an oath before the President of the Republic of Croatia which reads:

16Judiciary Act (Law on Courts)

"I swear that in performing my duty I shall abide by the Constitution and laws and protect the

integrity, sovereignty and the state organisation of the Republic of Croatia as well as the freedoms

and rights of man and citizen established in the Constitution and the law."

The President of the Supreme Court of the Republic of Croatia represents the Supreme Court of the

Republic of Croatia, performs the duties of judicial administration and other duties stipulated by

law and the Rules of Procedure of the Supreme Court of the Republic of Croatia.

If the President of the Supreme Court of the Republic of Croatia is a person who, prior to the

appointment, did not work as a judge in that court, the High Judiciary Council shall appoint him a

judge of that court.

If the President of the Supreme Court of the Republic of Croatia, on the basis of the decision of the

House of Representatives of the Croatian Parliament (Sabor) or at his/her own request is relieved of

this function before the expiry of his/her term of office or is not re­elected to this position, he/she

shall continue to work as a judge in that court.

Article 32.b

A Secretary of the Supreme Court of the Republic of Croatia shall be appointed at the Supreme

Court of the Republic of Croatia.

A person fulfilling requirements for senior court advisor may be appointed as the secretary.

The President of the Supreme Court of the Republic of Croatia shall appoint the Secretary of the

Supreme Court of the Republic of Croatia, upon obtained opinion of the Convention of Judges of

the Supreme Court of the Republic of Croatia.

Article 32.c

Unless provided differently by this Act, regulations on rights and duties of state officials shall apply

accordingly to the Secretary of the Supreme Court of the Republic of Croatia.

Article 32.d

Secretary assists the President of the Court in performance of judicial administrative tasks, in

particular the ones from Article 75 paragraph 3 of this Act, he/she initiates and conducts procedures

related to minor breach of official duty of court officials and employees, and initiates the procedure

related to serious breach of official duty, by corresponding application of Articles 80 and 81 of this

Act.

Article 32.e

After the election of the President of the Supreme Court of the Republic of Croatia, the Secretary

gives his mandate at the disposal of the new president, who decides whether to appoint the same

person as the secretary within additional 30 days as of his/her entry into office.

If the President of the Supreme Court of the Republic of Croatia chooses not to reappoint the

secretary, the secretary is entitled to be referred to the position of a senior court advisor at the

departments or sections of the court, without having to apply for the vacancy announcement.

If the secretary chooses not to accept referral from paragraph 2 of this Article, he is entitled to

17Judiciary Act (Law on Courts)

remuneration pursuant to the law regulating rights and obligations of state officials.

In case of dismissal during the secretary's mandate, the secretary is entitled to all rights from

previous paragraph of this Article.

Article 33

The Convention of the Supreme Court of the Republic of Croatia consists of the President and all

judges of that Court.

The Convention of Judges of the Supreme Court of the Republic of Croatia shall be convened and

chaired by the President of the Court. The Convention must be convened upon the request of a

department or of one quarter of all judges.

The President of the Court may, if necessary, invite faculty­of­law professors, outstanding scientists

or experts in a particular area of law to participate in the Convention.

The adoption of valid decisions shall require the presence of not less than two thirds of all judges of

the Court.

The adoption of valid decisions shall require the majority of votes of all judges of the Supreme

Court of the Republic of Croatia.

Article 34

The Convention of Judges of the Supreme Court of the Republic of Croatia shall in particular:

­ set general views in order to achieve the uniform application of law and equal protection before

the law in the territory of the Republic of Croatia;

­ give opinions regarding draft laws or other regulations which are intended to regulate the

powers of the court or other questions important for the operation of the courts or the exercise of

judicial practice;

­ give guidelines to courts for the monitoring of judicial practice;

­ issue reports for the Parliament (Sabor) of the Republic of Croatia;

­ perform any other activities which may be stipulated by law or by the Rules of Procedure of the

Court.

Article 35

The President of the Supreme Court of the Republic of Croatia may convene an Extended

Convention of the Supreme Court of the Republic of Croatia.

The Extended Convention referred to in paragraph 1 of this Article shall consist of all judges of the

Supreme Court of the Republic of Croatia and two representatives each of the High Petty Offence

Tribunal, the High Commercial Court of the Republic of Croatia, the Administrative Court of the

Republic of Croatia and every county court.

18Judiciary Act (Law on Courts)

The Extended Convention of the Supreme Court of the Republic of Croatia shall discuss important

issues of judicial practice and shall propose a candidate to act as member of the High Judiciary

Council.

Article 36

General legal interpretations adopted by the Convention of the Supreme Court of the Republic of

Croatia shall be binding on all panels of that Court, and may be altered only by the Convention.

General legal interpretations shall be communicated to courts and published in the way envisaged

for the publication of the judicial practice.

Once the Convention of the Supreme Court adopts a general legal interpretation, a legal

interpretation dealing with the same legal issue adopted at a departmental meeting of the Supreme

Court of the Republic of Croatia shall no longer be binding for panels within that department.

V. JUDICIAL ADMINISTRATION

Article 37

The Ministry of Justice shall have the powers of the highest body to conduct the tasks of judicial

administration.

In order to perform the tasks of judicial administration, the Minister of Justice shall contact the

Presidents of the respective courts.

The Minister of Justice, in carrying out the tasks of judicial administration, may annul or abolish

any irregular or illegal act adopted in performing the tasks of judicial administration or only pass an

act which has not been passed at all or has not been passed in a timely manner.

Article 38

Judicial administration includes activities which serve to improve the performance of judicial

power, particularly drafting laws and other regulations intended to regulate the establishment,

competencies, jurisdiction, composition and organisation of courts, judicial procedures, care for the

education and professional specialisation of judges and other officials and employees, the financial

means and facilities necessary for the operation of courts, international legal assistance, the

execution of sentences delivered in respect of criminal offences, misdemeanours and petty offences,

the collection of statistical and other data regarding the operation of courts, hearing the submissions

and petitions of citizens in respect of the operation of courts, in particular those regarding

unnecessary delays in procedure, or the conduct of judges or other employees in the course of

judicial proceedings or other official acts, the supervision of the financial operations of courts, the

supervision of the regular operation of courts and adherence to the Judicial Rules of Procedure, as

well as other administrative tasks and duties stipulated by law.

Article 39

The tasks of judicial administration can be performed by senior administrative advisers and

administrative advisers at the Ministry of Justice, and the tasks of international legal assistance by

independent administrative clerk.

19Judiciary Act (Law on Courts)

Senior administrative advisers must have the same professional qualifications as judges of county

courts, while administrative advisers should have the same professional qualifications as those of

judges of municipal courts.

Article 40

The Ministry of Justice shall keep records of judges, judicial advisers, judicial trainees and other

judicial employees.

The records shall include the name and surname, date of birth, nationality, residence, school

diplomas, professional title, knowledge of foreign languages, as well as all other information

stipulated by law.

Courts shall forward the information referred to in paragraph 2 of this Article to the Ministry of

Justice in accordance with the instructions of the Minister of Justice.

The recorded data shall be classified and may be used only for purposes of the implementation of

this Act and other acts which regulate the rights, duties and responsibilities of judges and other

judicial employees.

Article 41

Records shall include the following information:

1. personal data,

2. data concerning appointment and removal,

3. data concerning university degree grades,

4. data concerning professional development,

5. data concerning published expert or scientific papers,

6. data concerning evaluation of judicial work,

7. data concerning promotion,

8. data concerning disciplinary sanctions.

Personal data shall include the following: name, surname, father's name, day, month and year of

birth, nationality, residence, information concerning a faculty­of­law diploma, specialist knowledge,

financial status and the names of family members (spouse, children and parents).

Information included in records shall be classified.

Bodies which have the recorded data referred to in paragraph 1 of this Article shall be obliged to

forward it to the Ministry of Justice.

Article 42

The Ministry of Justice may ask the courts to produce reports and information needed for the

performance of activities falling within the judicial branch of government and the tasks of judicial

administration. Within the scope of its competences, it may obtain direct insight into the work of the

court and request reports on the reasons for not acting in a particular case, as well as request

delivery of a case to be analysed and hold a common meeting with the courts in order to consider

the issues connected with the performance of judicial power and the application of new regulations.

20Judiciary Act (Law on Courts)

Article 43

The Minister of Justice shall enact the Judicial Rules of Procedure.

The Judicial Rules of Procedure shall contain framework regulations for the organisation of courts

and their internal operation, and in particular: rules on internal structure, rules concerning judicial

records and auxiliary books, forms, file handling procedures, including filing and recording,

international legal assistance procedures, public relations procedures, specific rules concerning the

assignment of cases, rules concerning the convening and assigning of jurors, the operation of

panels, departmental meetings and Conventions, rules concerning investigation, implementation

rules concerning the handling and service of decisions which have to be translated into a language

of an ethnic or national minority, daily or weekly time schedules, rules concerning seized objects

and criminal procedures, rules concerning special insignia on judicial vehicles, rules concerning

statistical analyses, standards for facilities and equipment, and any other matter which is important

for the internal operation of courts.

The Judicial Rules of Procedure shall also regulate the organisation and operation of common

services in court buildings which house more than one court.

Article 44

When in service, judges shall wear a special robe.

The Minister of Justice shall regulate the style of the robe, when it should be worn, and the time

table of its gradual introduction.

Article 45

Judges and court officials shall have a special identification card. The Minister of Justice shall

regulate the form of such a card, and the procedure for its distribution.

VI. JUDGES AND JURORS

1. APPOINTMENT OF JUDGES

Article 46

The Minister of Justice shall determine the number of judges for each court, in accordance with the

framework standards of judicial practice.

Article 47

The framework standards shall be issued by the Minister of Justice upon the proposal of an

Extended Convention of the Supreme Court of the Republic of Croatia.

Article 48

(Erased)

21Judiciary Act (Law on Courts)

Article 49

A citizen of the Republic of Croatia, who has completed studies at a faculty of law, has passed

his/her bar examination, has experience in other legal jobs, has professional qualifications and

proven work capacities may be appointed as judge.

Article 50

A person who has passed the bar examination after having worked as an adviser or secretary of

the court or in other judicial bodies for at least two years, who has worked as an attorney­at­law, a

notary public, an assessor or a law professor at a faculty of law, or a person who has worked in

other legal positions after having passed the bar examination, may be appointed as judge at a petty

offence tribunal or a municipal court.

A person who has worked as an official in judicial bodies, or as an adviser or secretary of the

court or in other judicial bodies, who has worked as an attorney­at­law, a notary public or an

assessor for at least four years, and a person who has worked in other legal positions for at least six

years after having passed the bar examination, may be appointed as judge at a commercial court.

A person who has worked as an official at a court or in other judicial bodies for at least eight years,

or who has been an attorney­at­law, a notary public, an assessor, a law professor at a faculty of law

for at least ten years, or a person who has worked in other legal positions for at least twelve years

after having passed the bar examination, may be appointed as judge of a county court, the High

Petty Offence Tribunal, the High Commercial Court of the Republic of Croatia, and the

Administrative Court of Croatia 1 .

A person who has worked as an official at a court or in other judicial bodies for at least fifteen years

or who has been an attorney­at­law or a notary public may be appointed as judge of the Supreme

Court of the Republic of Croatia.

A university professor of law sciences who has passed the bar examination and has worked for at

least 15 years may be appointed as judge of the Supreme Court of the Republic of Croatia.

Article 51

In order to be appointed as judge of a court of higher jurisdiction, some conditions must be fulfilled,

according to which a judge, apart from the conditions referred to in Article 50 of this Act, expert

knowledge and the capacities to perform the task of a judge established in the assessment of the

performance of judicial duty .

1.a FULFILMENT OF JUDICIAL OBLIGATIONS

1 In doubt whether the working experience of a petty offence judge, realized prior to the entry into force of the Judiciary Act (»Narodne novine«, Nos. 3/94., 100/96., 131/97. and 129/00.) and the Act on Amendments and Supplements to the Petty Offences Act (»Narodne novine«, No. 33/95.,) should be treated equally as working experience of an official at a court or in other judicial bodies, the working experience as a petty offence judge is to be treated equally as experience of an official at a court or in some other judicial bodies – This authentic interpretation of the Article 50. was made by the Croatian Parliament (“Sabor”) on June 13, 2003 and published in the “Narodne Novine” no 101/2003.

22Judiciary Act (Law on Courts)

Article 51.a

The work of judges is monitored in the following way:

a) determining whether a judge fulfils his judicial duties and

b) evaluation of judges.

a) Fulfilment of judicial obligations

Article 52

President of the court in which the judge performs his judicial duty determines the following for the

previous calendar year:

1. has the judge rendered the number of decisions that he/she should have rendered based on

framework plan for the work of judges, where the result of work will be determined according to

subject matter of cases, in absolute numbers and percentage,

2. has the judge followed the deadlines in which he/she is obliged to publish, write and dispatch the

decision, in a way that the deadlines have been fully met, i.e. met above 75% and below 75%,

3. how many appeals have been instituted against first­instance decisions and what type of decisions

have been issued in the appellate proceedings (confirmed, repealed or modified), in absolute

number and percentage, and how many decisions have been repealed due to essential breach of

procedure,

4. how many extraordinary legal remedies have been instituted against second­instance decisions

(confirmed, repealed or modified), in absolute number and percentage,

5. has the judge participated in modalities of professional training and post­graduate studies, in

which ones in particular and in which way, as a participant or as a lecturer, has he been publishing

scientific and professional articles or participated as a lecturer or associate lecturer at faculties of

law, and working bodies for preparation of draft regulations. In such cases, the judge is obliged to

submit a written report to the president of the court on the form and duration of such activities, at

latest by December 31 of each calendar year,

6. has a judge been sentenced by a measure of temporary removal from judicial duties, has there

been a disciplinary proceedings instituted and which decision has been issued in such a procedure.

If disciplinary proceedings have been instituted and completed in the same year by the decision of

the State Judicial Council on discontinuation of such proceedings or if a judge was cleared of

responsibility, the fact of initiation and conduct of such a proceeding must not be stated in the

decision of the president of the court determining the fulfilment of judicial duties. Has such a

decision been issued in the following year, this circumstance shall be determined in the next decree,

7. other activities and procedures which enable the fullest possible determination on how a judge

fulfils judicial obligations.«

Article 52.a

If a judge has not rendered the number of decisions which he/she should have rendered based on

framework plan for the work of judges, due to being burdened by extremely difficult and complex

23Judiciary Act (Law on Courts)

cases, it shall be considered that he has achieved a satisfactory result in his work, increased by 10%.

This fact shall be determined in the statement of decision of the decree whereby the president of the

court determines fulfilment of judicial obligation.

Article 52.b

The President of the Court determines the circumstances from Article 52 and 52.a of this Act for the

preceding calendar year in a decree issued by February 28 of the current year at latest.

The Deputy president shall issue such a decree for the president of the court who performs his

judicial duties in addition to the judicial administration tasks.

Article 52.c

An unsatisfied judge is entitled to object to the decree of the president of the court within eight days

as of delivery of such a decree.

The objection is filed to the president of immediately higher court through the president of the court

who issued the disputed decree.

Article 52.d

President of the court who rendered the disputed decree may dismiss the objection as untimely or

unallowed. If he determines that the objection has merit, president of the court may change the

decree in whole or partially, within 15 days as of the receipt of the objection.

If the president of the court does not change his/her decree, he/she is obliged to deliver the objection

within further three days to the president of the immediately higher court for decision, with the full

file of the case attached.

The president of the court who issued the decree may submit his written response to the judge’s

objection.

Article 52.e

President of the immediately higher court may dismiss the judge’s objection in a decree as untimely

or unallowed, or he may reject it and confirm the fist­instance decree, or may accept the objection

and repeal or change the first­instance decree.

Article 52.f

Decree issued upon an objection from Article 52.e of this Act becomes final on the day of delivery

to the judge.

An unsatisfied judge may file a constitutional complaint against this decree to the Constitutional

Court of the Republic of Croatia.

b) Evaluation of Judges

Article 53

Judicial council evaluates the judge in the procedure of appointment to some other court or when

appointing him permanently to judicial duty.

24Judiciary Act (Law on Courts)

The Judicial council evaluates the judge pursuant to all elements from Article 52 of this Act.

Article 53.a

When evaluating the performance of judicial duty, the judicial council takes into consideration a

final decision of the president of the court from Article 52.f of this Act, as well as other documents

related to the judge’s work and oral discussion on the candidate.

Unless otherwise provided by this Act, provisions of the Act on General Administrative Procedure

shall apply accordingly to the actions of the judicial council.

Article 53.b

Methodology of making the evaluation shall be determined by the council consisting of presidents

of all judicial councils in the Republic of Croatia. The chairman of this council is the president of

the judicial council of the Supreme Court of the Republic of Croatia, who convenes the sessions of

this council. Sessions of the council must be convened if requested in writing by one fourth of all

presidents of judicial councils in the country.

Article 53.c

The evaluation may be:

1. Unsatisfactory performance of judicial duty,

2. average and proper performance of judicial duty,

3. meets the criteria for promotion,

4. displays above­average knowledge, ability and results.

Decision on evaluation is reached by public vote.

Article 53.d

Decision on evaluation is composed of the introduction, statement of decision, statement of reasons

(explanation) and legal remedy notice.

The introduction of the decision states the name of the judicial council that made the decision, date

of the session when the evaluation was given and the number of council members participating in

the work of the session.

The statement of decision of the decision states the evaluation from the previous article of this Act.

The statement of reasons (explanation) of the decision contains reasons for the decision.

The president of the council signs the decision on behalf of the judicial council.

Article 53.e

Decision shall be delivered to the judge that it refers to, to the president of the court in which the

judge performs judicial duty and the ministry in charge of judicial affairs.

25Judiciary Act (Law on Courts)

Article 53.f

A judge unsatisfied by the evaluation is entitled to file an objection within eight days as of the

delivery of the decision, to a special council consisting of five judges of the Supreme Court of the

Republic of Croatia. The objection is filed through the judicial council that has reached the disputed

decision.

Judicial council that has reached the disputed decision may respond to the statements from the

objection within eight days as of the delivery of the objection. Thereafter, within additional three­

day deadline, the judicial council must deliver the case to the council of the Supreme Court of the

Republic of Croatia.

Article 53.g

Council from Article 53.f paragraph 1 of this Act appoints the judicial council of the Supreme Court

by majority vote of all members of the council, at same the time when determining the annual

schedule of tasks at the Supreme Court of the Republic of Croatia for the following calendar year.

At the same time, five members are appointed, who will replace the members of the council in case

of them being prevented from appearing (deputy members).

The president and deputy president of the council shall be appointed by the judicial council of the

Supreme Court of the Republic of Croatia, after the appointment of the council, by two­third

majority vote.

President and deputy president, members and deputy members of the council may perform their

duty for two years in a row at most. After the expiry of a two­year period, they may be re­elected to

the council.

Article 53.h

Council of the Supreme Court of the Republic of Croatia may dismiss the objection as untimely or

it may reject it and confirm the evaluation of the competent judicial council, or it may accept the

objection and repeal this decision, and if needed return it to the competent judicial council for

repeated proceedings or it may modify it.

The judicial council of the competent court or a judge to whom the evaluation relates may file a

constitutional complaint with the Constitutional Court of the Republic of Croatia against the

decision of the council of the Supreme Court of the Republic of Croatia.

Article 53.i

A judge against whom the State Judicial Council issued a disciplinary sanction for minor breach of

judicial duty must not be appointed to some other court prior to expiry of one year, counting from

the day of issuing decision on disciplinary responsibility, and if proclaimed responsible for serious

breach of judicial duty, he/she may not be appointed to some other court prior to expiry of three

years counting as of the day of issuing such decision.

Article 54

Judicial council evaluates the judge appointed for the first time after he/she completes four years of

his/her work.

26Judiciary Act (Law on Courts)

In the evaluation of the judges appointed for the first time, provisions of Articles 53.a ­53i. of this

Act shall apply accordingly.

Six months prior to expiration of a five­year deadline from the day of appointment, the president of

the court in which such a judge performs judicial duty shall notify the State Judicial Council that it

is necessary to reach a decision on permanent appointment of a judge. In addition to this notice, the

president of the court also delivers the evaluation of performance of judicial duty, which was given

for that judge after the fourth year of work, as well as his/her opinion on whether this judge should

be permanently appointed to judicial duty.

2. OBLIGATIONS AND RIGHTS OF JUDGES

a) Performance of Judicial Duty

Article 55

A judge performs his/her judicial duty independently or as a member of a panel.

Article 56

The assignment of work in a court shall be made at the beginning of each calendar year.

In courts which do not have judicial departments, cases shall be assigned according to the

alphabetical order of judges, in such a way that each judge is assigned one case from each register

until all cases are assigned. Care shall be taken to balance the allocation of cases during the whole

period of one year. Care shall also be taken as to the type and complexity of cases to be assigned

from the same register.

In courts which have judicial departments, cases shall be assigned according to the alphabetical

order of judges in each particular department, following the method described in paragraph 2 of this

Article. All remaining cases shall be assigned in the same way and care shall be taken to balance the

allocation of cases during the whole period of one year.

Cases shall be assigned to panels which decide in the first instance in alphabetical order of

Presidents of a panel. The President of a second­instance panel shall assign cases to members of

that panel in alphabetical order.

Article 57

The method of assignment described in Article 56 of this Act shall also be applied in cases where a

particular judge is excluded or cannot perform his/her judicial work over a longer period of time.

b) Obligations of Judges

Article 58

A judge's behaviour must not be detrimental to his/her dignity, or to the dignity of judicial power,

and must not put in question his/her professional impartiality and independence or the independence

of judicial power.

27Judiciary Act (Law on Courts)

Article 59

A judge must not disclose information concerning parties to a dispute, their rights, obligations or

legal interest, which came to his/her knowledge in the course of the performance of his/her judicial

duty. A judge shall keep the confidentiality of all information which was not disclosed during a

trial.

Article 60

A judge must not be a member of a political party, nor be involved in political activity.

Article 61

A judge must not use his/her judicial position or dignity in pursuance of his/her rights.

A judge must not act as an attorney or notary public, or be a member of a board of directors or a

board of auditors of a corporation or any other legal person.

A judge must not perform any other service or job which may impair his/her autonomy, impartiality

or independence, or diminish his/her social dignity, or which are otherwise incompatible with a

judicial function.

Article 62

A judge must always develop professionally and participate in the programmes of professional

education and development.

A judge may publish expert and scientific papers, may publish the contents of his/her delivered

judicial decisions, take part in the work of expert or scientific conferences and commissions and in

drafting legislation.

Article 63

A judge shall have the obligation to inform in writing the President of a court about any work he

has accepted, save that specified in Article 62 of this Act. The President of a court shall deliver that

information to the President of the immediately superior court.

The President of a court shall make decisions regarding the incompatibility of a certain service or

employment with the judicial function. The President of a superior court shall make such decisions

in respect of Presidents of inferior courts. The Convention of the Supreme Court of the Republic of

Croatia shall make such decisions in respect of the President of the Supreme Court of the Republic

of Croatia.

A judge who is not satisfied with a decision regarding the incompatibility of a certain service or

work with the judicial function may appeal to the Minister of Justice.

c) Rights of Judges

Article 64

Judges shall have the right to:

­ a salary established for such a position;

28Judiciary Act (Law on Courts)

­ bonus to the salary when a judge has been transferred to work at some other court,

­ compensation, instead of a salary, when he/she is not able to perform his judicial function;

­ a pension, disability and health insurance, and all rights pertaining thereto according to general

regulations;

­ vacations and days off which pertain to judicial staff and an annual vacation of 30 working

days;

­ compensation for living expenses when away from his/her place of residence, and travelling

expenses to and from the place of his/her family's residence on weekends and national holidays;

­ compensation for business travel and expenses related to the performance of judicial duty;

­ continuing education and specialisation, with funds which are allocated for that purpose.

The Government of the Republic of Croatia determines in its decree the amount of bonus to

the salary for a judge transferred to work at some other court.

d) Transfers

Article 65

In cases of the abolishment or reorganisation of a court, the President of the Supreme Court of the

Republic of Croatia shall transfer judges to other courts of the same level.

A judge may appeal against a transfer decision to the Convention of the Supreme Court of the

Republic of Croatia within three days.

Judges may, with their consent, be transferred to other courts of the same or different level at the

request of the President of the court to which they are transferred.

A decision on a temporary transfer to another court shall be made by the president of the mutually

immediately higher court who shall inform thereof the High Judiciary Council.

A decision on the return of a temporarily transferred judge to the court to which he was appointed

shall be made by the President of the Supreme Court of the Republic of Croatia who shall inform

thereof the High Judiciary Council.

Article 65.a

A judge may, upon his/her approval, be transferred temporarily to work at a court of higher rank.

President of the higher court shall entrust him with tasks in making draft decisions from the

competence of this particular court or some other corresponding tasks.

A judge transferred to some other court pursuant to Article 65 of the Judiciary Act (“Narodne

novine”, Nos. 3/94, 100/96, 115/97, 131/97, 129/00 and 67/01), i.e. paragraph 1 of this Article, is

entitled to remuneration of costs due to special working conditions (lodging, use of personal car for

official purposes etc.).

Special working conditions from paragraph 3 of this Article and the amount of remuneration of

29Judiciary Act (Law on Courts)

costs due to such conditions are determined by the Ordinance of the minister in charge of judicial

affairs.

Article 66

If a judge is appointed Minister of Justice, or State Secretary, or any other official of the Ministry of

Justice, his/her judicial function shall be suspended for as long as he performs the executive

function to which he/she is appointed.

A judge may, with his/her consent, be transferred to other positions in the Ministry of Justice, but

not for longer than two years. His/her judicial function shall be suspended in that period.

In the cases specified in paragraphs 1 and 2 of this Article, a judge shall be entitled to decide which

of the two salaries he/she wants to receive.

The Minister of Justice, acting with the consent of the President of a court where the respective

judge performs his/her function, shall make the decision about the transfer referred to in paragraph

2 of this Article.

e) Liability for Damages

Article 67

The Republic of Croatia shall be liable for damages caused to natural or legal persons, if those are

caused by judicial malpractice.

The Republic of Croatia may recover the amount paid for damages from a judge, only if the latter

has caused the damage intentionally or as a result of gross negligence.

The claim to recover the amount paid for damages from a judge referred to in paragraph 2 of this

Article shall be limited to one year beginning from the day when the damages were actually paid to

an injured person.

f) Termination of a Judicial Function

Article 67a

The judicial function of a judge shall be terminated if he/she is dismissed from it by the High

Judiciary Council in accordance with the Constitution and law.

A judge shall be dismissed from the judicial function in the court to which he/she was appointed by

virtue of the law in the following cases:

­ death;

­ if he/she has reached 70 years of age; *

(* This part of Article 67 a has been repealed by the decision of the Constitutional court from

December 19, 2001, published in Official Gazette no. 5/2002. It was ruled that it is against the

Constitution for the Court president to reach a decision regarding the 70 years of age of the judge

since the Constitution states that it is only the High Judiciary Council who can make such a

decision. Also, in the given case the right of a judge to appeal to the High Judiciary Council is

impaired. Therefore, the decision has been based on the Article 122, paragraph 3, sub­paragraph 5

and the paragraph 4 in relation to the Article 123, paragraph 1 of the Constitution.)

30Judiciary Act (Law on Courts)

­ on the day he/she started working at another court, or at another judicial or state body.

A decision establishing the circumstance referred to in paragraph 2 of this Article shall be made by

the President of the court where the judge served and it shall be submitted to the High Judiciary

Council and the Ministry of Justice.

3. JURORS

Article 68

Any citizens of the Republic of Croatia who has reached the age of eighteen and who is worthy of

performing the function of juror may be appointed a juror.

The provisions of this Act concerning judges shall be applicable to jurors, unless otherwise

established by law.

Article 69

Jurors shall be appointed for a period of four years, and may be re­appointed.

Article 70

Jurors of municipal courts, commercial courts and county courts shall be appointed by the County

Council and the City Assembly of the City of Zagreb on the basis of nominations by municipal

councils, city councils, trade unions, Employers' Associations and the Chamber of Commerce.

Jurors of other courts shall be appointed by the House of Representatives of the Parliament

(“Sabor”) of the Republic of Croatia on the basis of nominations proposed by the Minister of

Justice in such a way that the proportional representation of all counties shall be provided for.

Regarding the nominees for jurors, the opinion of the President of a respective court shall be

obtained before the appointment is made.

Article 71

Before assuming their function, jurors shall give the following solemn oath:

"I swear by my honour to perform the duty of a juror in accordance with the Constitution and laws

of the Republic of Croatia, and to perform the juror's duty conscientiously and impartially."

Jurors of municipal courts, commercial courts and county courts shall give the oath in front of the

President of the County Assembly of the City of Zagreb. Jurors of other courts shall give the oath in

front of the President of the House of Representative of the Parliament (“Sabor”) of the Republic of

Croatia, or in front of a representative of that House who may be designated by the President.

Article 72

The President of a court shall not use the services of a juror who has been indicted or if a procedure

for his/her removal from juror's duty has been initiated, for as long as these procedures have not

been finally settled.

31Judiciary Act (Law on Courts)

Article 73

Jurors shall be entitled to have their expenses covered, to compensation for lost income or salary,

and to an award.

The conditions and the amount of compensation and awards referred to in paragraph 1 of this

Article shall be determined by a Book of Rules of the Minister of Justice.

VIa. PRESIDENT OF THE COURT

Article 73a

The President of a court shall be a judge who, along with this duty, also performs the work of

judicial administration.

In courts with more than 20 judges, the President of a court may perform only the work of judicial

administration.

The President of a court shall be appointed by the Minister of Justice from among the candidates

nominated by the judicial council.

The President of a court shall be appointed for four years and may be re­appointed.

The President of a court who is not re­appointed shall continue to perform his/her judicial function

in the court in which he/she was appointed as judge.

Article 73b

The procedure for the appointment of the President of a court shall be initiated by the Minister of

Justice or the judicial council not later than three months before the expiry of the term of office of

the President of a court or not later than 30 days after the termination of the duty of the President of

a court for some other reasons established by law.

Article 73c

The Minister of Justice shall publish an advertisement in the official gazette "Narodne novine" and

in a daily newspaper to invite candidates to apply for the vacancy of the President of a court within

30 days.

A candidate may be a judge who satisfies the requirements for a judge of that court PART TWO OF

THE SENTENCE DELETED. PARAGRAPH 3 ALSO DELETED.

The President of the Judicial Council shall request from the Minister of Justice an evaluation of the

judicial performance and other data from the register of judges which are important for the

establishment of the professional ability of the candidate for the President of a court.

The President of the Judicial Council may ask another judicial council for an opinion on the

candidate.

32Judiciary Act (Law on Courts)

Article 73d

On the basis of the data and the opinion referred to in Article 73c of this Act, the Judicial Council

shall make a list of candidates who satisfy the requirement for the President of a court and propose

to the Minister of Justice to appoint one of them President of the court.

The nomination of the Judicial Council must contain an explanation for each candidate and contain

an evaluation of the judicial performance referred to in Article 54 of this Act.

Article 73e

The Minister of Justice shall make a decision on appointment within 30 days of receipt of the

nomination.

If there are no applications in response to the advertisement, and the Minister of Justice does not

appoint any of the candidates nominated by the Judicial Council as the President of a court, the

procedure referred to in Article 73c of this Act shall be repeated.

In the repeated procedure, the Minister of Justice shall request an opinion of the Convention of the

Supreme Court of the Republic of Croatia on the candidates nominated for the position of President

of a court.

If the opinion referred to in the previous paragraph is positive for one or more candidates, the

Minister of Justice shall appoint the President of a court from among the candidates nominated by

the Judicial Council.

Article 73f

The President of a court shall appoint his/her deputy on the basis of an annual schedule of duties on

the basis of a previously obtained opinion of the Judicial Council.

Article 73g

A judge may be dismissed from the position of President of a court when, in the supervision

procedure of the tasks of judicial administration, it is established:

1. that the President of a court does not perform the tasks of judicial administration in accordance

with the regulations or does not perform them in a timely fashion;

2. that the President of a court fails to perform supervision or directly violates the regulations

concerning the assignment of cases;

3. that by violating the regulations or in some other way the President of a court has infringed the

principle of judicial independence in trying cases;

4. that the President of a court has not been submitting requests to initiate disciplinary proceedings

in cases stipulated by law;

The President of a court may alone ask to be relieved of the position of President of a court.

33Judiciary Act (Law on Courts)

The dismissal of the President of a court for the reasons specified in paragraphs 1 and 2 of this

Article shall not have an impact on the obligations and rights that the dismissed President has as a

judge.

Article 73h

When, in exercising the right of supervision, a higher court establishes unlawfulness and

irregularity in the performance of the tasks of judicial administration, it must inform thereof the

Minister of Justice and propose the necessary measures for the lawful and regular performance of

the tasks of judicial administration.

The body of the Ministry of Justice responsible for the supervision of the tasks of judicial

administration shall act in the same manner.

The President of a court shall have the right to appeal against the report on the performed

supervision and may request a repeated supervision of the tasks of judicial administration by the

Supreme Court of the Republic of Croatia, which shall develop a written report on such repeated

supervision.

Article 73i

If, on the basis of a report on the performed supervision, and after a written declaration of the

President of a court and an obtained opinion of the Judicial Council, it is clear that the acts of

unlawfulness and irregularity in performing the tasks of judicial administration are harmful to the

regular and proper performance of tasks and the operation of a court, the Minister of Justice shall

dismiss the President of a court, who shall continue to work as a judge.

The dismissal of the President of a court by the Minister of Justice shall be in writing and shall

contain an appropriate explanation.

Article 73j

If, for any reason, the President of a court ceases to perform his/her duty before the expiry of his/her

term of office, the Minister of Justice shall authorise a judge from the same or another court to

perform the tasks of judicial administration for a period not longer than six months until a new

President shall be appointed.

In courts undergoing the process of establishment, the Minister of Justice shall authorise a judge of

the same or another court to perform the tasks of judicial administration until the court starts to

operate.

VII. JUDICIAL OFFICIALS AND EMPLOYEES

Article 74

President of courts acting upon the prior consent of the Minister of Justice shall determine the

number of officials and employees who shall work on expert, office and technical assignments in

courts.

The commencement and cessation of their work, salaries and other rights, duties and responsibilities

related to their work shall be regulated by acts related to state officials and employees, and general

labour regulations, unless otherwise stipulated by this Act.

34Judiciary Act (Law on Courts)

Regulations concerning qualifications, the duration and conditions of training, the conditions of the

professional examination, the contents and methods of the examination and other related issues

shall be regulated by a special act of the Minister of Justice.

1. COURT CLERK

Article 75

Courts which have more than 15 judges shall have a Court Clerk. The Court Clerk shall help the

President of a court in judicial administration. A person who has graduated from a faculty of law

may be admitted as a Court Clerk.

A person fulfilling requirements for senior court advisor may be admitted as a Secretary of the

Supreme Court of the Republic of Croatia, * the Administrative Court of the Republic of Croatia,

the High Petty Offence Tribunal of the Republic of Croatia and the High Commercial Court of the

Republic of Croatia.

Secretary of the court organises and is responsible for the work of court clerks and employees, and

takes care of tidily and timely performance of office and other technical tasks at the court, upon

authorisation of the president of the court, he/she answers the client’s complaints against the work

of the court, and with the consent of the president of the court, decides

(* changes from Official Gazette 141/04)

on the schedule of court clerks and employees during work, except for court advisers, and he/she

also performs other tasks entrusted to him/her by the president of the court.

2. JUDICIAL ADVISERS

Article 76

Courts may employ Judicial Advisers and Senior Judicial Advisers.

A person who has graduated from a faculty of law and has passed the bar examination may be

admitted as Court Advisor at the municipal, petty offence and commercial court. A person who has

graduated from a faculty of law, has passed the bar exam and has worked for at least two years as

court advisor, state attorney or deputy state attorney, attorney or notary public, i.e. a person who has

been working in other legal tasks for at least five years after passing the bar exam, may be admitted

as senior court advisor at the above mentioned courts.

A person who meets the requirements prescribed for a judge of the municipal court may be a court

advisor at the Supreme Court of the Republic of Croatia, Administrative Court of the Republic of

Croatia, High Petty Offence Tribunal of the Republic of Croatia and county courts.

A person who meets the requirements prescribed for court advisor of the Administrative Court of

the Republic of Croatia, High Petty Offence Tribunal of the Republic of Croatia, High Commercial

Court of the Republic of Croatia and county courts may be admitted as senior court advisor at these

courts, provided the person has worked as a judge, state attorney or deputy state attorney or notary

public, i.e. as court advisor for at least five years, i.e. a person who has been working in other legal

tasks for at least eight years after passing the bar exam.

A person who meets the requirements prescribed for a judge of the county court may be a senior

35Judiciary Act (Law on Courts)

court advisor at the Supreme Court of the Republic of Croatia.

Article 76.a

Court advisors are authorised to independently conduct certain court proceedings, to evaluate

evidence and determine facts.

Based on so conducted procedure, court adviser submits to a judge, who has been authorised by the

president of the court, a written proposal based on which the judge renders the decision.

If the competent judge does not accept the proposal submitted by the court advisor, he shall conduct

the procedure himself.

Court advisors are authorised to conduct proceedings and propose decisions in the context of

paragraphs 1 and 2 of this Article in the following cases:

1. in litigation proceedings, in disputes for payment of monetary claim or compensation of damages

if the value of the dispute does not exceed 50.000,00 kuna, i.e. at commercial courts, if the value of

the dispute does not exceed 500.000,00 kuna,

2. in enforcement proceedings,

3. in probate proceedings,

4. in land­registry proceedings,

5. in non­contentious proceedings, except for proceedings for deprivation of contract capacity,

dissolution of co­ownership and border disputes,

6. in petty­offence proceedings,

7. in the second­instance proceedings and proceedings related to extraordinary legal remedies, the

court advisors report on the status of the file and prepare draft decisions.

3. EXPERT ASSOCIATES

Article 77

Courts may employ civil servants who are not lawyers, but who have two­year post­secondary

school or university qualifications and the prescribed working experience of a special education

specialist, a sociologist, a pedagogue, an economist, or a book­keeping and finance specialist.

Expert associates referred to in paragraph 1 of this Article shall assist judges in their work where

their expert knowledge is required. They may also perform their tasks autonomously, when it is

stipulated by law or by another regulation.

4. JUDICIAL TRAINEES

Article 78

Presidents of courts acting upon the consent of the Minister of Justice shall determine the number of

judicial trainees.

36Judiciary Act (Law on Courts)

The training of an established number of judicial trainees shall be financed from the Budget of the

Republic of Croatia.

Conditions and manner of hiring judicial trainees at courts, as well as length and manner of

performing their training, requirements which have to be met in order to stand for the bar

examination, the method of passing the bar examination, examining committee, compensation for

the work at the examining committee, levelling previously passed exams with the passed bar exam,

and other issues related thereto, shall be regulated by special law.

5. PROTECTION OF PERSONS, COURT PROPERTY AND BUILDINGS

Article 79

The judicial police shall protect and care for persons, property and court buildings, and preserve the

decorum of courts.

Members of the judicial police shall carry out the tasks referred to in paragraph 1 in the form of

physical and technical protection.

Physical protection shall mean the direct care and protection of persons and property by guarding

persons and property and taking security measures and applying means of coercion.

Technical protection shall be carried out by technical means and devices in order to prevent

unlawful acts against the persons, property and court buildings referred to in paragraph 1 of this

Article and to prevent arms, equipment, explosive devices and other dangerous objects and

substances from being taken into such buildings or to prevent the alienation of property.

Article 79a

While performing his duty, a judicial policeman is authorised:

­ to establish the identity of persons entering or leaving a court building;

­ to prohibit the entry into a court building of unauthorised persons;

­ to seize arms and dangerous equipment from persons entering a court building. This does not

refer to persons guarding defendants or authorised persons of the Ministry of the Interior in

performing their duties of bringing in defendants;

­ to hold a person who is caught in the court building while perpetrating a criminal offence: a

judicial policeman must immediately hand such a person over to the police;

­ to evict from a court building persons who disturb the work of the court or behave contrary to

the provisions of court rules.

A judicial policeman, acting on a previous warning, may apply coercion commensurate to the

necessity of carrying out the authorisation referred to in paragraph 1 of this Article.

Article 79b

The protection service shall be organised as a special organisational unit of the Ministry of Justice.

37Judiciary Act (Law on Courts)

The scope of activities of the protection service, the conditions necessary for its operation, the

powers of its officials, equipment, uniforms, official identity cards, the criteria for the necessary

technical devices for protection and the number of members of such a service shall be established in

a special Book of Rules adopted by the Minister of Justice.

Article 79c

In performing the tasks of immediate protection, a judicial policeman shall execute the orders of the

President of the respective court.

6. RESPONSIBILITY OF JUDICIAL OFFICIALS AND EMPLOYEES

Article 80

Conduct proceedings due to minor breach of official duty of court clerks and employees is initiated

by conclusion of the president of the court personally or based on the written proposal of superior

officer. A conclusion on initiating the proceedings may not be appealed.

Conclusion on initiating proceedings is delivered to the court clerk or employee who may file a

written response within three days as of delivery. If the proceedings have been instigated based on a

written proposal of competent official, the court clerk is also delivered a written proposal of the

superior officer, in addition to the conclusion on instigating proceedings.

The president of the court conducts the proceedings and renders the decree.

In the proceedings for minor breach of official duty, provisions of the Act on General

Administrative Procedure shall apply accordingly.

Article 80.a

Proceedings instigated due to serious breach of official duty of court officials and employees is

instituted by the president of the court and the proposal shall be delivered to the competent court of

the judicial officers.

The proceedings shall be instituted on the day of submitting proposal to institute proceedings to the

competent court of the judicial officers.

Provisions of the Act on Criminal Procedure on the contents of indictment shall apply accordingly

to the contents of the proposal to institute proceedings due to a serious breach of official duty.

Court of the judicial officers shall notify the official and employee against whom the proceedings

have been instituted on the proposal to initiate proceedings due to a serious breach of official duty,

by delivery of a copy of the proposal together with attached evidence.

Officer or employee may file a written response within three days as of the delivery of the proposal.

Proceedings for a serious breach of official duty of court clerks and employees are conducted by the

courts of the judicial officers, competent for officials and employees at the state administrative

bodies, expert services of the Croatian Parliament and the Government of the Republic of Croatia.

38Judiciary Act (Law on Courts)

Article 80.b

Decree of the president of the court may order removal of the official or employee from the service,

if criminal proceedings or proceedings due to a serious breach of official duty have been instituted

against him, and the breach is of such nature that staying in the service during the proceedings

might be harmful for the interests of the service.

Article 81

The president of the court may in his conclusion transfer the authorities from Article 34 of this Act

to a judge, and exceptionally to the secretary of the court or court advisor, either for all or only

individual cases.

In the proceedings due to a breach of official duty or compensation of damages of court clerks and

employees, appropriate regulations shall apply, regulating responsibility for breach of official duty

or compensation of damages of state officials and employees, unless provided otherwise by this

Act.

VIII PERMANENT COURT INTERPRETERS, EXPERT WITNESSES AND ASSESSORS

1. PERMANENT COURT INTERPRETERS

Article 82

Permanent court interpreters shall, upon the request of a court, a state body, a legal person or an

individual citizen, translate spoken or written words from a language which is in public use into a

foreign language, from a foreign language into a language which is in public use, or from one

foreign language to another foreign language.

A person who has a university degree, has command of a foreign language and the language which

is in official use, and has a sufficient degree of general and legal knowledge may be appointed as a

permanent court interpreter.

Permanent court interpreters shall be appointed and removed by Presidents of County Courts or

Commercial Courts. Permanent court interpreters shall be appointed for a period of four years and

may be re­appointed.

An appeal to the Ministry of Justice can be brought against a decision by which an appointment is

denied within 15 days after the decision was served.

The Minister of Justice shall regulate the methods for the assessment of whether the requirements

which have to be met in order to be appointed as a permanent court interpreter have been fulfilled,

the rights and obligations of permanent court interpreters, their salary and amount of compensation

for expenses.

County Courts and Commercial Courts shall have a list of permanent court interpreters appointed

within their territorial jurisdiction.

The Ministry of Justice shall, if necessary, publish a list of permanent court interpreters in the

official gazette "Narodne novine".

39Judiciary Act (Law on Courts)

2. PERMANENT EXPERT WITNESSES

Article 83

Permanent expert witnesses shall provide courts with their expert knowledge which the courts do

not possess, whenever such knowledge is needed in order to establish or clarify facts which have

legal significance.

Article 84

Expert testimony shall be given by legal persons or individuals.

In order to be eligible to give expert testimony, individuals should have at least a secondary school

qualification in a specific discipline. Legal persons may give expert testimony only within their

registered field of business, provided that their employees who are to testify meet the requirements

which have to be met by individuals.

The Minister of Justice shall regulate the methods for the assessment of whether the requirements

which have to be met in order to be appointed as a permanent expert witness have been fulfilled, the

rights and obligations of permanent expert witnesses, their salary and amount of compensation for

expenses.

Article 85

Permanent expert witnesses ­ individuals and permanent expert witnesses who are employed by

legal persons ­ shall be appointed and removed by Presidents of the County Courts or Commercial

Courts within their territorial jurisdiction.

An appeal to the Ministry of Justice can be brought against a decision by which an appointment is

denied within 15 days after the decision was served.

Permanent expert witnesses shall be appointed for a period of four years and may be re­appointed.

Article 86

The Ministry of Justice shall, if necessary, publish a list of legal persons who provide expert

testimony and a list of permanent expert witnesses in the official gazette "Narodne novine".

3. PERMANENT JUDICIAL ASSESSORS

Article 87

Permanent judicial assessors shall, upon the request of a court, assess agricultural land, forests,

residential and office buildings and other real estate, or moveable objects.

A person who has graduated from a professional school, a person who has had or still has a

professional business licence, or a person who has exclusively worked, or still works, as a farmer or

in forestry, may be appointed as a permanent judicial assessor.

Permanent judicial assessors shall be appointed and removed by Presidents of municipal courts,

commercial courts or county courts. Permanent judicial assessors shall be appointed for a period of

four years and may be re­appointed.

40Judiciary Act (Law on Courts)

The Minister of Justice shall regulate the methods for the assessment of whether the requirements

which have to be met in order to be appointed as a permanent judicial assessor have been fulfilled,

the rights and obligations of permanent judicial assessors, their salary and amount of compensation

for expenses.

IX. NON­DISCLOSURE OF OFFICIAL SECRETS

Article 88

Judges, jurors, court clerks, judicial advisers, senior judicial advisers, judicial trainees, officials,

employees, trainees, court interpreters, expert witnesses and assessors shall have an obligation not

to disclose official secrets, regardless of how they learned about them.

The following shall be deemed an official secret:

­ any information which is specified by law or some other Act as an official secret;

­ any information which is specified by an internal Act of a legal person, or another body, an

organisation or an institution, as an official or business secret;

­ any information or document which is classified as an official or business secret by a state body

or a legal person, or another body, organisation or institution;

­ any information or document which has been classified as confidential by the President of a

court or an authorised official of the court.

Article 89

Persons specified in Article 88 shall have an obligation not to disclose an official secret even if they

cease to work in the court.

The President of a court may, for justified reasons, exempt a judge, judicial official or employee

from an obligation not to disclose an official secret. The President of an immediately superior court

may make such an exemption in respect of presidents of inferior courts. The Convention of the

Supreme Court of the Republic of Croatia may exempt the President of the Supreme Court of the

Republic of Croatia from the same obligation.

Article 90

Press releases related to judicial proceedings in a particular case, and the operation of a court in

general, shall be made by the President of a court, or any judge whom he may authorise to do so.

Article 91

Judges, judicial officials and employees must not disclose information regarding the personal,

family or financial matters of individuals, or the financial matters of legal persons to unauthorised

persons, if they became aware of such information in the course of the judicial proceedings.

A judge or another person who is designated to do so on the basis of an annual schedule may allow

persons authorised by law or the judicial rules of procedure to review the files of a case.

41Judiciary Act (Law on Courts)

X. FINANCING THE OPERATION OF COURTS

1. PROCUREMENT OF RESOURCES

Article 92

Money needed for the operation of courts shall be financed from the Budget of the Republic of

Croatia.

Costs for the operation of courts include the funds needed for the regular operation of courts

(salaries of judges, judicial officials and employees, utilities and supplies, replacement costs and

costs of depreciation of equipment and buildings) and money for special purposes.

The funds referred to in paragraph 2 of this Article shall be allocated in an amount which will

ensure the regular financing of the entire operation of courts on the basis of a previously obtained

opinion of the Convention of the Supreme Court of the Republic of Croatia.

Article 93

The amount of money for the operation of courts shall be determined on the basis of a proposal of

the Presidents of the courts.

Such proposals shall include an assessment of the regular or seasonal work load, the number of

judges, judicial officials and employees needed, and other indicators which are important for the

assessment of costs.

Article 94

Investigating judges who only perform the tasks of investigation have the right to pension insurance

benefit calculated in such a way that every 12 months of work shall be calculated as 15 months for

pension benefits.

2. SPECIAL PURPOSE FUNDS

Article 95

Special purpose funds are:

1. funds for financing trainees;

2. funds for the continuing professional development of judges, judicial officials and employees;

3. funds for specific expenses which include:

­ costs and compensation of jurors;

­ costs of judicial proceedings which, as a matter of law, have to be paid from judicial

funds;

­ costs of seizures related to unpaid fines, and costs of criminal procedures;

­ mailing costs related to summons and subpoenas;

­ expenses made by judges related to lump sum payments in investigations;

­ costs related to pre­trial criminal procedures;

­ other costs related to the performance of judicial power.

42Judiciary Act (Law on Courts)

The conditions for awarding compensation and amounts of lump sum payments for the

investigation costs of judges, judicial officials and employees, and compensation related to pre­trial

criminal procedures shall be determined by the Minister of Justice.

a) Procurement

Article 96

The Republic of Croatia shall provide courts with funds needed for technical equipment and office

space in accordance with defined standards.

Counties, cities and municipalities may take part in the construction of capital objects and

procurement of equipment for the courts.

b) Financial and Asset Operations

Articles 97

The financial and property operations of courts shall be dealt with in the same way as is applicable

to public administration. Financial and property operations with parties shall be dealt with in

accordance with an Act of the Minister of Justice.

The procurement of means for the operation of courts shall be governed by the regulations

applicable to the procurement of means for the operation of state bodies.

c) Judicial Deposits

Article 98

When deposited funds are not withdrawn within two years after the delivery of a final decision on

the restitution of a deposit which calls for a withdrawal of such a deposit, a court shall terminate the

right of the depositor and transfer the said funds to the State Treasury of the Republic of Croatia.

XI. TRANSITIONAL AND FINAL PROVISIONS

Article 99

Until the enactment of the Non­litigious Procedure Act and Land Register Act, all cases shall in the

first instance be heard by an individual judge.

There shall be no recourse to review against decisions of second instance courts in non­litigious and

land register matters unless otherwise stipulated by law.

Article 100

The Minister of Justice shall be authorised to enact a regulation concerning procedures for persons

in custody (internal order rules) and specific provisions for the application of this Act.

Article 101

Until the enactment of the judicial rules of procedure in accordance with the provisions of this Act,

the existing rules of judicial procedure shall be applied, unless it is incompatible with this Act.

43Judiciary Act (Law on Courts)

Until enactment of rules which in accordance with the relevant provisions of this Act are to be

enacted by the Minister of Justice, the existing rules shall be applied, unless they are incompatible

with this Act.

The Minister of Justice shall enact the rules provided for by the relevant provisions of this Act

within one year after the entry into force of this Act.

Article 102

(Article 43 of the Law on Amendments of the Judiciary Act)

Judges appointed according to the regulations which were valid until the entry into force of this Act

shall continue to perform their judicial function in the court to which they were appointed.

Persons who worked as judicial advisers or senior judicial advisers until the entry into force of this

Act shall be made equal regarding the years of service as advisers to the officials of judicial bodies.

Article 103

(Article 44 of the Law on Amendments of the Judiciary Act)

The election of members of judicial councils and the appointment of the Presidents of courts

according to the provisions of this Act shall be carried out within three months from the day of

entry into force of this Act.

The elections for judicial councils shall be held by the judicial councils of county courts or by those

of the High Petty Offence Tribunal and the High Commercial Court which were established prior to

the entry into force of this Act in a manner stipulated by law.

Article 104

(Article 45 of the Law on Amendments of the Judiciary Act)

The Legislation Committee of the House of Representatives of the Croatian Sabor is authorised to

determine and to publish the final version of the Judiciary Act.

Article 105

(Article 46 of the Law on Amendments of the Judiciary Act)

This Act shall enter into force on the eighth day following its publication in the official gazette

"Narodne novine".


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