Croatia is a small country in Europe, bordering Slovenia, Hungary,
Serbia, Bosnia and Herzegovina, Montenegro. Ethnically, 90% are Croats,
4.6% are Serbs. Official language is Croatian. Religiously 91% are
Christians. It covers an area of 56,594 sq km and has a population of
about 38,88,000.
The protection of personal information is
given utmost importance in the constitution of the state. Every capable
citizen is obliged to provide military service for the security of the
state. Individual-owned businesses are open to trade, but all forms of
monopoly are prohibited. The constitution mentions leave, salary,
benefits to the employees, but vaguely. However, the right to strike and
trade union is recognized. No medical or scientific research is allowed
without the consent of the citizen. If someone is arrested illegally,
he or she or zee will get compensation. Authority will also publicly
apologize.
These are positive aspects. Now let's discuss the negative aspects.
Although the Croats and Serbs have a history, but the way in which the
constitution guarantees "special rights" for minorities is disturbing.
As already stated in the Constitution, "Everyone shall enjoy rights and
freedoms, regardless of race, color, gender, language, religion,
political or other belief, national or social origin, property, birth,
education, social status or other characteristics.". Religious
communities can open schools if they want, which is an obstacle to
one-way mass education.
Admirable Articles of Croatia's Constitution
Article 14
Everyone in the Republic of Croatia shall enjoy rights and freedoms, regardless of race, color, gender, language, religion, political or other belief, national or social origin, property, birth, education, social status or other characteristics.
All shall be equal before the law.
Article 23
No one shall be subjected to any form of maltreatment or, without his consent, to medical or scientific experimentation.
Article 24
No one shall be arrested or detained without a court warrant. Such a warrant shall be read and served on the person being arrested.
The police may arrest a person without a warrant when the person is reasonably suspected of having committed a serious criminal offence defined by law. The arrested person shall be promptly informed, in understandable terms, of the reasons for the arrest and of his rights determined by law.
Any person arrested or detained shall have the right to take proceedings before a court, which shall decide without delay on the legality of the arrest.
Article 25
All arrested and convicted persons shall be treated humanely and their dignity shall be respected.
Anyone who is detained and accused of a criminal offence shall have the right to be brought before the court within the shortest term specified by law and to be acquitted or sentenced within the statutory term.
A detainee may be released on legal bail to defend himself.
Any person who has been illegally deprived of liberty or convicted shall, in conformity with law, be entitled to damages and a public apology.
Article 26
All citizens of the Republic of Croatia and aliens shall be equal before the courts, government bodies and other bodies vested with pubic authority.
Article 28
Everyone shall be presumed innocent and my not be considered guilty of a criminal offence until his guilt has been proved by a final court judgment.
Article 29
Everyone shall have the right to the independent and fair trial provided by law which shall, within a reasonable term, decide upon his rights and obligations, or upon the suspicion or the charge of a penal offence.
In the case of suspicion or accusation for a penal offence, the suspected, accused or prosecuted person shall have the right:
● To be informed in detail, and in the language he understands, within the shortest possible term, of the nature and reasons for the charges against him and of the evidence incriminating him,
● To have adequate time and opportunity to prepare his defense,
● To a defense counsel and free communication with him, and to be informed of this right,
● To defend himself in person or with the assistance of a defense counsel of his own choice, and if he lacks resources to engage a counsel, to have a free counsel under the terms specified by law,
● To be tried in his presence if he is accessible to the court,
● To interrogate or have the prosecution witnesses interrogated and to demand the presence and hearing of the defense witnesses under the same circumstances as for the witnesses for the prosecution,
● To free assistance of an interpreter if he does not understand the language used in the court.
The suspected, accused and prosecuted person shall not be forced to confess his guilt.
Evidence illegally obtained shall not be admitted in court proceedings.
Criminal proceedings shall only be initiated before the court of justice upon the demand of an authorized prosecutor.
Article 34
Homes shall be inviolable.
Only a court may order the search of a home or other premises, issuing a warrant with the statement of reasons, in conformity with law.
The tenant or his representative shall have the right to be present at the search of his home or other premises in the compulsory presence of two witnesses.
Under the conditions provided by law, the police authorities may enter a person's home or premises and carry out a search in the absence of witnesses even without a court warrant or consent of the tenant, if this is indispensable to enforce an arrest warrant or to apprehend the offender, or to prevent serious danger to life and health of people or major property.
A search aimed at finding or securing evidence for which there is grounded probability to be found in the home of the perpetrator of a criminal offence may only be carried out in the presence of witnesses.
Article 35
Everyone shall be guaranteed respect for and legal protection of personal and family life, dignity, reputation and honor.
Article 36
Freedom and privacy of correspondence and all other forms of communication shall be guaranteed and inviolable.
Restrictions necessary for the protection of the State security and the conduct of criminal proceedings may only be prescribed by law.
Article 37
Everyone shall be guaranteed the safety and secrecy of personal data. Without consent from the person concerned, personal data may be collected, processed and used only under conditions specified by law.
Protection of data and supervision of the work of information systems in the State shall be regulated by law.
The use of personal data contrary to the purpose of their collection shall be prohibited.
Article 42
Everyone shall be guaranteed the right of public assembly and peaceful protest, in conformity with law.
Article 47
Military service and the defense of the Republic of Croatia shall be the duty of every capable citizen of the Republic of Croatia.
Conscientious objection shall be allowed to all those who for religious or moral reasons are not willing to participate in the performance of military service in the armed forces. Such persons shall be obliged to perform other duties specified by law.
Article 49
Entrepreneurial and market freedom shall be the basis of the economic system of the Republic of Croatia.
The State shall ensure all entrepreneurs an equal legal status on the market. Abuse of monopoly position defined by law shall be forbidden.
The State shall stimulate the economic progress and social welfare and shall care for the economic development of all its regions.
The rights acquired through the investment of capital shall not be diminished by law, or by any other legal act.
Foreign investors shall be guaranteed free transfer and repatriation of profits and the capital invested.
Article 55
Every employee shall have the right to a fair remuneration, such as to ensure a free and decent standard of living to him and his family.
Maximum working hours shall be regulated by law.
Every employee shall have the right to a weekly rest and annual holidays with pay, and these rights may not be renounced.
Employees may, in conformity with law, participate in decision- making in the enterprise.
Article 59
In order to protect their economic and social interests, all employees shall have the right to form trade unions and shall be free to join and leave them.
Trade unions may form their federations and join international trade union organizations
Formation of trade unions in the armed forces and the police may be restricted by law.
Employers shall have the right to form associations and shall be free to join or leave them.
Article 60
The right to strike shall be guaranteed.
The right to strike may be restricted in the armed forces, the police, the public administration and the public services as specified by law.
Article 61
The family shall enjoy special protection of the State.
Marriage is a living union between a woman and a man.
Marriage and legal relations in marriage, common-law marriage and families shall be regulated by law.
Article 96
The President of the Republic shall not perform any other public or professional duty.
After the election, the President of the Republic shall resign from membership in the political party and notify the Croatian Parliament thereof.
Article 107
The Government of the Republic of Croatia shall exercise executive powers in conformity with the Constitution and law.
Article 120
Judicial office shall be permanent.
A judge shall be relieved of his judicial office:
● At his own request,
● If he has become permanently incapacitated to perform his office,
● If he has been sentenced for a criminal offence which makes him unworthy to hold judicial office,
● If, in conformity with law, so decides the National Judicial Council due to the commission of an act of serious infringement of discipline,
● When reaching seventy years of age.
Against the decision of being relieved from his duty the judge shall have the right to appeal to the Constitutional Court within the term of 15 days from the day the decision has been served, onto which the Constitutional Court shall decide in the procedure and composition determined by the Constitutional Act on the Constitutional Court of the Republic of Croatia.
Against the decision of the National Judicial Council on disciplinary responsibility, the judge shall have the right to appeal to the Constitutional Court of the Republic of Croatia within the term of 15 days from the day the decision has been served. The Constitutional Court shall decide on the appeal in the way and the procedure determined by the Constitutional Act on the Constitutional Court of the Republic of Croatia.
In the cases from sections 3 and 4 of this Article, the Constitutional Court shall decide within the term not longer than 30 days from the day the appeal has been submitted. The decision of the Constitutional Court excludes the right to the constitutional complaint.
A judge shall not be transferred against his will except in the case the Court is abolished or reorganized in conformity with law.
A judge shall not hold an office or perform work defined by law as being incompatible with his judicial office.
Facts of Croatia's Constitution
Article 15 (Part of it)
Members of all national minorities shall have equal rights in the Republic of Croatia.
Equality and protection of the rights of national minorities shall be regulated by the Constitutional Act which shall be adopted in the procedure provided for the organic law.
Besides the general electoral right, the special right of the members of national minorities to elect their representatives into the Croatian Parliament may be provided by law.
Article 41 (Part of it)
Religious communities shall be free, in conformity with law, publicly to perform religious services, to open schools, educational and other institutions, social and charitable institutions and to manage them, and shall in their activity enjoy the protection and assistance of the State.
