received 36, resolved 9:

in 3 cases the motion to review the constitutionality of laws was not accepted; in 5 cases the procedure was terminated because the laws under review were no longer in force or petitioner withdrew his/her proposal; in 1 case the motion to review was rejected In 6 pending cases the motion to review the constitutionality of laws was accepted.

received 28, resolved 14:

in 3 cases regulations were repealed; in 1 case the motion to review the constitutionality and legality of regulations was not accepted; in 3 cases the motion to review was rejected, and in 5 cases terminated;

in 2 cases the petitioners were instructed about the right to propose to the Court to review constitutionality and legality.

received 215, resolved 237: in 36 cases constitutional action was accepted, in 22 cases dismissed, in 175 cases rejected, in 2 cases the procedure was terminated, in 2 cases petitioners were instructed about conditions under which constitutional action for protection of constitutional freedoms and rights may be submitted.

Among 237 cases 46 dealt with acquisition of citizenship.

received 1, resolved 1.

received none; resolved 1.

Identification: a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 10 May 1994 / e) U-ll-67/1994 / f) / g) Narodne novine, No. 45/1994.

Constitutional justice - The subject of review - Rules issued by independent state bodies.

Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.

Sources of constitutional law - Categories - Written rules-Constitution.

Keywords of the alphabetical index: Competence / Salary / Health service.

The governing body of the organisation for health insurance determined the amount of salaries to be paid to employees of health services. The Constitutional Court annulled the decision because it considered that the governing body had not been empowered by any law to regulate salaries. According to the Constitution the rights of workers, namely the right to remuneration, shall be regulated only by the law and by collective agreements.

a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 1 June 1994 / e) U-lll-361/1994 / f) / g) Narodne novine, No. 45/1994.

Constitutional justice-Types of litigation - Litigation in respect of fundamental rights and freedoms.

Constitutional justice - Constitutional proceedings -Decisions - Types - Annulment.

Fundamental rights - Civil and political rights - Equality.

Fundamental rights - Economic, social and cultural rights - Commercial and industrial freedom.

Sources of constitutional law - Categories - Written rules - Constitution.

Keywords of tile alphabetical index: Privatisation.

An enterprise was sold by public auction after its bankruptcy. The buyer was obliged to pay part of the price to the Croatian Development Fund. He concluded a contract with the Fund which allowed him to pay the amount due in 5 instalments.

A constitutional action was submitted claiming protection of equality before the law. The petitioner stated that the contract between the buyer and the Fund changed the conditions under which the sale of the bankrupt enterprise had been realised.

The Constitutional Court accepted the claim holding that although the contract between the buyer and the Fund had been concluded after the sale, in its essence it was closely connected with the conditions under which the enterprise was sold. Since the possibility to pay part of the price by instalments was not known to all potential buyers interested in purchasing the same enterprise, the buyer who did know was in an advantageous position. Thus the principles of equality of all before the law and of equal status of all entrepreneurs on the market were violated. The Court annulled the rulings of two commercial courts and ordered the renewal of the procedure of sale by public auction of the enterprise.

The dissenting opinion of one judge held that the contract between the buyer and the Fund should not be connected to the sale by public auction of the enterprise. The Fund as a creditor freely decided which contract to conclude with its debtor.

a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 1 June 1994 / e) U-lll-490/1994 / f) / g) Narodne novine, No. 49/1994.

Fundamental rights - Civil and political rights - Right to property

Sources of constitutional law - Categories - Written - Constitution.

Ownership.

The property rights of the one flat in a building are not violated by decisions of court according

to which such owner has to pay for maintenance of common parts of building and for management of the building, together with other owners of units in the same building and with tenants in it.

a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 7 June 1994 / e) U-VII-54/1993 / f) / g) Narodne novine, No. 51/1994.

Constitutional justice - Types of litigation - Electoral disputes - Parliamentary elections.

Fundamental rights - Governing principles - Entitlement to rights-Protection of minorities and persons belonging to minorities.

Fundamental rights - Collective rights - Other.

Sources of constitutional law - Categories - Written rules - Quasi-constitutional legislation and norms.

Right to proportional representation / Omission of the legislator.

According to the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia (Art. 18(1)) national and ethnic communities or minorities who represents more than 8% of the population of the Republic of Croatia are entitled to be proportionally represented in the Croatian Parliament and in its Government, as well as in the supreme judicial bodies. The procedure of election and recall of the representatives of the said communities and minorities is regulated by electoral laws and other provisions regulating elections in the Republic of Croatia.

The Constitutional Court was asked to appoint representatives of the Serbian National Party to the Chamber of Zupanije of the Croatian Parliament.

The claim was not accepted because the existing laws on elections regulate representation of ethnic and national communities and minorities in the Chamber of Representatives, but not in the Chamber of Zupanije. The decision of the Court stressed the duty of Parliament to provide for relevant legislation in order to implement constitutional norms on representation of ethnic and national communities which have no elected representative.

a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 17 June 1994 / e) U-lll-45/1994 / f) / g) Narodne novine, No. 49/1994.

Constitutional justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.

Fundamental rights - Civil and political rights - Right to a fair trial.

Sources of constitutional law - Categories - Written rules-Constitution.

Right of appeal.

The Ministry of administration stated in its act (in registration of political parties) that other person, not the one who was until then the president of the political party, shall in future represent this party, acting as its new president. The acting president challenged this act of the Ministry before the Administrative court asserting that in the proceedings before the Ministry he had not been given the status of a party so he did not have a chance to defend his rights. The Administrative court rejected the action holding that as a result of the act of the Ministry only a person authorized to represent the political party was entitled to bring an action in its name.

The Constitutional Court upheld the constitutional challenge. The Court held that the ruling of the Administrative court, which rejected the action, violated the right to judicial review of the legality of individual acts of administrative authorities and bodies vested with public powers and also violated the right of appeal. Since the acting president of the party entered his action not only in representation of his party, but also representing himself, the Administrative Court was bound to hear him clarify his position.

a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 5 July 1994 / e) U-lll-407/1994 / f) / g) Narodne novine, No. 55/1994.

Constitutional justice-Types of litigation - Litigation in respect of fundamental rights and freedoms.

Fundamental rights - Civil and political rights - Right to property - Privatisation

Sources of constitutional law - Categories - Written rules - Constitution.

Privatisation / Judicial review of administrative acts.

The Administrative Court rejected the claim against a ruling of the Croatian Fund for Privatisation which had annulled the purchase of shares by private persons. The Court Jield that the ruling of the Fund is not an administrative ad which decides about rights or legally protected interests of private persons who buy shares, but that it decides about rights and obligations of enterprises which undergo privatisation. Following this reasoning the Administrative Court came to the conclusion that actions against the ruling of the Fund may be entered by an enterprise, but not by private persons willing to buy shares.

The Constitutional Court upheld the constitutional action holding that the ruling in question, which annulled the purchase of shares, may violate rights and interests of those persons who, like the petitioner herself, had already signed a contract to buy shares. Therefore the petitioner is entitled to the protection of the right to judicial review of the legality of individual acts of administrative authorities and bodies vested with public powers.

a) Croatia / b) Constitutional Court of the Republic of Croatia / c) / d) 5 July 1994 / e) U-l-370/1994 / f) / g) Narodne novine, No. 56/1994.

Constitutional justice -Types of litigation - Litigation in respect of fundamental rights and freedoms.

Constitutional justice - The subject of review - Laws and other rules having the force of law.

Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality

Fundamental rights - Civil and political rights - Other,

Sources of constitutional law - Categories - Written rules - Constitution.

"Ne bis in idem".

According to the Constitution no one may be tried twice for an act for which he was already condemned and for which a final court judgment was passed. The decision of the Constitutional Court held that "final court judgment" means judgment of a domestic court, this interpretation following from the notion of sovereignty of the State, which includes the full jurisdiction and application of laws of that State in its territory. This interpretation was given in a case in which the petitioner challenged the constitutionality of the provision of the Basic Criminal Law according to which, if in specified cases criminal proceedings were commenced or terminated in a foreign State, prosecution in Croatia shall be undertaken only if approved by the State public prosecutor. In the opinion of the petitioner this provision violates the constitutional principle of "ne bis in idem"

The Court dismissed the claim holding that the disputed provision is an exception to the rule that Croatian criminal law shall be applied to all criminal offenses committed within the territory of Croatia. The alleged exception confirms the principle of "ne bis in idem" since it provides that when criminal proceedings for offenses committed within the territory of Croatia are commenced or terminated in a foreign State, prosecution in Croatia may be undertaken only exceptionally and with the approval of the State public prosecutor.