How court system of any country works and serve?
The Constitution enshrines the principle of separation of legislative, executive and judicial powers. Legislative power is exercised by the Croatian Parliament executive power and judicial power by the courts of the Republic of Croatia. These powers cooperate with each other and check each other mutually while maintaining their independence from other powers in the context of their activities and decision-making. As holders of judicial power, courts rule in accordance with the Constitution, laws and other regulations, and international agreements signed and ratified by the Republic of Croatia. The judicial function is exercised by judges appointed by the National Judicial Council . In the performance of their duties, judges are autonomous and independent, and enjoy immunity, as provided by law. The function of judge is permanent and the judge cannot combine his judicial function with any other function.
The judicial (justice) system of the Republic of Croatia consists of the judiciary (courts), independent and self-governing judicial bodies (State Prosecutor’s Offices), executive power (Ministry of Justice), independent bodies and autonomous (National Judicial Council and Council of Prosecutors), an independent and autonomous service (body of lawyers), an independent and autonomous public service (notaries) and a public institution (judicial academy).
Organization of the judicial system
The mission of the Ministry of Justice is to preserve the fundamental values of the legal order and to create conditions conducive to the proper functioning and further development of the judicial system.
The Ministry of Justice exercises:
- administrative tasks and other related tasks:
- in the field of civil law, criminal law, law of contraventions and commercial law and in administrative procedures, in the organization, functioning and professional training within the bodies which execute criminal sanctions, in administrative activities and other activities of notaries and lawyers, court fees and notary fees, international mutual legal assistance and other forms of mutual legal assistance, enforcement of criminal penalties, pardons and conditional releases, activities administrative and specialized probation activities when deciding on legal proceedings and the choice of the type and severity of criminal sanctions, the execution of sanctions pronounced against adult perpetrators of criminal offenses and which are executed in freedom,activities to develop and coordinate the assistance system for victims and witnesses and the computerization of justice, supervising the execution of administrative tasks within the judicial authorities, the public prosecutor’s office and the authorities competent in criminal matters,
- administrative tasks and other related tasks:
ownership, ownership issues related to expropriation and other ownership restrictions, ownership issues relating to building, agricultural and forest land, land consolidation, purchase of land and buildings, and agricultural operations outside the jurisdiction of other public authorities, property of foreign nationals, compensation for property confiscated under the Yugoslav communist regime that is outside the jurisdiction of other public authorities, and finally to succession concerning the property, rights and obligations of the former Yugoslavia (former SFRY);
- administrative and specialized tasks related to the cooperation of the Government of the Republic of Croatia with international criminal courts, representation of the Republic of Croatia to the International Court of Justice and other international courts, unless specifically decided otherwise by the Government of the Republic of Croatia, and tasks relating to the protection of human rights and the rights of national minorities;
- participates, together with the ministry competent to manage state property, in the activities of management and transfer of shares and shares in commercial companies which make up the national property owned by the Republic of Croatia and concerning commercial companies which mainly engage in to activities falling within the competence of the Ministry,
- tasks relating to the participation of the Republic of Croatia in the work of the bodies of the European Union in areas within the competence of the Ministry;
- and other tasks assigned to it by special law.
Courts
The Courts System Act governs the organization, jurisdiction and competence of the courts.
In the Republic of Croatia, judicial power is exercised by the courts as special public bodies. They exercise it with complete independence and autonomy within the limits of their jurisdiction and competence as provided for by law.
The courts rule on the basis of the Constitution of the Republic of Croatia, international conventions, which are part of the legal order of the Republic of Croatia as well as laws and other provisions adopted in accordance with the Constitution of the Republic of Croatia , international conventions and laws.
The courts adjudicate on disputes relating to human rights and duties, the rights and obligations of the Republic of Croatia and local and regional districts, and the rights and obligations of other legal persons, they pronounce sentences and other measures against perpetrators of criminal offenses and other offenses defined by law and other regulations, they rule on the legality of general and individual acts of public authorities, they rule on disputes between citizens, labor disputes, commercial, property and other civil disputes, and they have to hear other matters as provided by law. The courts rule in accordance with the Constitution, international treaties, laws and other sources of law in force.
Judicial power in the Republic of Croatia is exercised by ordinary courts and specialized courts , as well as by the Supreme Court of the Republic of Croatia which is the highest court of the Republic of Croatia.
In addition to the division mentioned, the courts are divided into courts of first instance and second instance.
The courts of second instance issue decisions on legal appeals against the decisions of the courts of first instance and carry out other tasks prescribed by law. These are the county courts (vs. municipal courts), the Commercial Court of Appeal of the Republic of Croatia (vs. criminal courts) and the Administrative Court of Appeal of the Republic of Croatia ( compared to administrative courts).
Municipal and correctional courts are established for the territory of one or more municipalities, one or more towns or parts of agglomeration, while county, commercial and administrative courts are established for the entire territory of one or more counties.
The Commercial Court of Appeal of the Republic of Croatia, the Administrative Court of Appeal of the Republic of Croatia, the Criminal Court of Appeal of the Republic of Croatia and the Supreme Court of the Republic of Croatia are established for the territory of the Republic of Croatia.
Supreme Court
The Supreme Court of the Republic of Croatia has its seat in Zagreb.
- It ensures the uniform application of the law and the equality of all in its application.
- It rules on ordinary appeals in the cases provided for by law.
- It decides on extraordinary appeals lodged against final decisions of the courts of the Republic of Croatia.
- It settles conflicts of jurisdiction in the cases provided for by law.
- It examines current issues in judicial practice, analyzes the training and professional development needs of judges, advisers and trainees at the courts and carries out other tasks prescribed by law.