Constitution (1990) (excerpt)
Constitution of the Republic of Croatia
Adopted December 1990
(Extracts)
Chapter II Basic Provisions
Article 5 [Rule of Law]
(1) Laws in the Republic of Croatia must conformwiththe Constitution, and other rules and regulations must conform with the Constitution and the law.
(2) Everyone has to abide by the Constitution and law and respect the legal order of the Republic.
Chapter III Fundamental Freedoms and Rights of Man and Citizen
Part 1 Common Provisions
Article 14 [Equality]
(1) Citizens of the Republic of Croatia enjoy all rights and freedoms regardless of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, education, social status, or other characteristics.
(2) All are equal before the law.
Article 15 [Rights of Foreigners, Cultural Rights]
(1) Members of all nations and minorities have equal rights in the Republic of Croatia.
(2) Members of all nations and minorities are guaranteed freedom to express their national identity, freedom to use their language and script, and cultural autonomy.
Article 16 [Rule of Law, Restrictions]
Freedoms and rights may only be restricted by law to protect the freedoms and rights of other people and the public order, morality, and health.
Article 17 [Special Restrictions in State of Emergency]
(3) Not even in the case of immediate danger to the existence of the state may restrictions be imposed on the application of the provisions of this Constitution concerning the right to life, prohibition of torture, cruel or unusual treatment or punishment, and on the legal definitions of penal offenses and punishments, and on freedom of thought, conscience and religion.
Article 18 [Right to Appeal, Access to Courts]
(1) The right to appeal against individual legal acts made in first-instance proceedings before courts or other authorized bodies is guaranteed.
(2) The right to appeal may exceptionally be denied in cases specified by law if other legal protection is ensured.
Article 19 [Rule of Law in Public Administration]
(1) Individual acts of state administration and bodies vested with public powers are based on law.
(2) Judicial review of the legality of individual acts of administrative authorities and bodies vested with public powers are guaranteed.
Article 20 [Personal Liability]
Anyone violating the provisions of this Constitution concerning the basic freedoms and rights of man and the citizen is held personally responsible and may not exculpate himself from invoking a higher order.
Part 2 Personal and Political Freedoms and Rights
Article 22 [Personal Liberty]
(1) Man's freedom and personality are inviolable.
(2) No one may be deprived of liberty, nor may his liberty be restricted, except when so specified by law, which shall be decided by a court.
Article 23 [Personal Integrity, No Forced Labor]
(1) No one may be subjected to any form of maltreatment or, without his consent, to medical or scientific experiments.
(2) Forced and obligatory laborareforbidden.
Article 24 [Arrest]
(1) No one may be arrested or detained without a written court order based on law. Such an order has to be read and given to the arrested person at the moment of arrest.
(3) Any person arrested or detained has the right to appeal to the court, which must decide without delay on the legality of the arrest.
Article 25 [Conditions of Arrest]
(1) Any arrested and convicted person must be treated in a humane manner and his dignity has to be respected.
(4) Any person who has been illegally deprived of liberty or convicted is, in conformity with law, entitled to damages and a public apology.
Article 26 [EqualityBeforethe Powers]
All citizens and aliens are equal before courts, government bodies, and other bodies vested with public powers.
Article 27 [Legal Aid of the Bar]
The Bar as an autonomous and independent service provides citizens with legal aid, in conformity with law.
Article 29 [Defense, Illegal Evidence]
(3) Illegally obtained evidence is not admitted in court proceedings.
Article 30 [Loss of Rights as a Penalty]
A penaljudgementfor a serious and exceptionally dishonorable penal offense may, in conformity with law, have as a consequence loss of acquired rights or a ban on acquiring, for a specific time, certain rights to the conduct of specific affairs, if this is required for the protection of legal order.
Article 32 [Move, Residence, Leave, Return]
(1) Anyone who legally finds himself in the territory of the Republic has the right freely to move and choose a residence.
(2) Every citizen of the Republic has the right at any time to leave the state territory and permanently or temporarily to settle abroad, and at any time to return home.
(3) The right of movement within the Republic and the right to enter or leave it may exceptionally be restricted by law, if this is necessary to protect the legal order, or the health, rights and freedoms of others.
Article 35 [Privacy, Dignity, Reputation, Honor]
All citizens are guaranteed respect for and legal protection of personal and family life, dignity, reputation, and honor.
Article 36 [Secrecy of Communication]
(1) Freedom and secrecy of correspondence and all other forms of communication are guaranteed and inviolable.
(2) Restrictions necessary for the protection of the Republic's security and the conduct of criminal proceedings may only be prescribed by law.
Article 37 [Data Integrity]
(1) Everyone is 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.
(2) Protection of data and supervision of the work of information systems in the Republic are regulated by law.
(3) The use of personal data contrary to the purpose of their collection is prohibited.
Article 38 [Expression]
(1) Freedom of thought and expression of thought are guaranteed.
(2) Freedom of expression specifically includes freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication.
(3) Censorship is forbidden. Journalists have the right to freedom of reporting and access to information.
(4) The right to correction is guaranteed to anyone whose constitutionally determined rights have been violated by public communication.
Article 40 [Religion]
Freedom of conscience and religion and free public profession of religion and other convictions are guaranteed.
Article 41 [Religious Communities, Religious Neutrality]
(1) All religious communities are equal before the law and separate from the state.
(2) Religious communities shall be free, in conformity with law, to publicly perform religious services, open schools, teaching establishments or otherinstitutions ,social and charitable institutions and to manage them, and shall in their activity enjoy the protection and assistance of the state.
Article 43 [Association]
(1) Citizens are guaranteed the right to free association for the purposes of protection of their interests or promotion of social, economic, political, national, cultural, and other convictions and objectives. For this purpose, citizens may freely form political parties, trade unions, and other associations, join them, or leave them.
(2) The right to free association shall be restricted by the prohibition of any violent threat to the democratic constitutional order and the independence, unity, and territorial integrity of the Republic.
Article 44 [Public Affairs, Public Services]
Every citizen of the Republic has the right, under equal conditions, to take part in the conduct of public affairs and has access to public service.
Article 46 [Petition]
All citizens have the right to submit petitions and complaints, to make proposals to government and other public bodies, and to receive answers thereto.
Part 3 Economic, Social and Cultural Rights
Article 54 [Work]
(1) Everyone has the right to work and to freedom of work.
(2) Everyone is free to choose his vocation and occupation, and all work places and duties shall be accessible to everyone under the same conditions.
Article 55 [Pay, Rest, Vacation, Participation]
(1) Every employed person has the right to remuneration, ensuring for himself and his family a free and decent life.
(2) Maximum working hours are regulated by law.
(3) Every employed person has the right to a weekly rest and annual holidays with pay, and may not renounce these rights.
(4) Employed persons may, in conformity with law, participate in decision-making in the firms in which they work.
Article 56 [Social Security, Child Care]
(1) The right of those employed and of members of their families to social security and social insurance are regulated by law and collective agreements.
(2) Rights in connection with childbirth, maternity, and child care are regulated by law.
Article 57 [Assistance, Disabled, Humanitarian Aid]
(1) The Republic shall ensure to weak, helpless, and other citizensunprovidedfor due to unemployment or incapacity to work the right to assistance to meet their basic needs.
(2) The Republic ensures special care for the protection of disabled persons and their inclusion in social life.
(3) Receiving humanitarian aid from abroad may not be forbidden.
Article 58 [Health Care]
Every citizen is guaranteed the right to health care.
Article 61 [Family, Marriage]
(1) The family enjoys special protection of the Republic.
(2) Marriage and legal relations in marriage, common-law marriage, and families are regulated by law.
Article 62 [Special Protection]
The Republic protects maternity, children, and young people, and creates social, cultural, educational,material,and other conditions conducive to the realization of the right to a decent life.
Article 65 [Schooling]
(1) Primary schooling is compulsory and free.
(2) Everyone has access, under the same conditions, to secondary and higher education in accordance with the abilities.
Article 66 [Private Schools]
Under conditions specified by law, citizens may open private schools and teaching establishments.
Article 67 [Universities]
(1) The autonomy of universities is guaranteed.
(2) Universities independently decide on their organization and work in conformity with law.
Article 68 [Science, Culture, Arts, Sports]
(1) Freedom of scientific, cultural, and artistic creativity is guaranteed.
(2) The Republic shall stimulate and assist the development of science, culture, and the arts.
(3) The Republic protects scientific, cultural, and artistic goods as spiritual national values.
(4) Protection of moral and material rights deriving from scientific, cultural, artistic, intellectual, and other creativeendeavouris guaranteed.
(5) The Republic promotes physical culture and sports.
Article 69 [Health, Environment, Nature]
(1) Everyone has the right to a healthy life.
(2) The Republic ensures citizens the right to a healthy environment.
(3) Citizens, government, public and economic bodies, and associations are bound, within their powers and activities, to
payspecial attention to the protection of human health, nature, and the human environment.
Chapter IV Organization of Government
Part 3TheGovernment of the Republic of Croatia
Article 114 [State Administration]
(1) The organization of state administration is regulated by law.
(2) Employees in state administration are appointed on the basis of public competition, unless otherwise specified by law.
Chapter VTheConstitutional Court of the Republic of Croatia
Article 125 [Powers]
(1) The Constitutional court of Croatia shall:
decide on the conformity of laws with the Constitution;
decide on the conformity of other regulations with the Constitution and the law;
protect the constitutional freedoms and rights of man and the citizen;
decide jurisdictional disputes among legislative, executive, and judicial branches;
Article 126 [Constitutional Review]
(1) The Constitutional Court of Croatia shall repeal a law if it finds it to be unconstitutional.
(2) The Constitutional Court of Croatia shall repeal or annul any other regulation if it finds it to be unconstitutional or illegal.
Chapter VII International Relations
Part 1 International Agreements
Article 133 [Ratification, Qualified Ratification]
(1) International agreements which entail the passage or amendment of laws, international agreements of a military and political nature, and international agreements which financially commit the Republic are subject to ratification by the Croatian Parliament.
(2) International Agreements which grant international organizations or alliances powers derived from the Constitution
ofthe Republic of Croatia are subject to ratification by the Croatian Parliament by a two-thirds majority vote of all representatives.
Article 134 [Priority Over Law]
International agreements concluded and ratified in accordance with the Constitution and made public are part of the Republic's internal legal order and are in terms of legal effect above law. Their provisions may be changed or repealed only under conditions and in the way specified in them, or in accordance with the general rules of international law.
Chapter IX Transitional and Concluding Provisions
Article 142 [Constitutional Law for Implementation]
A Constitutional Law shall be passed for the implementation of this Constitution.