| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| 16. 05. 2022 | U-VIIR-2180/2022 od 16. | Constitutional Court of Croatia | Rule of law, fundamental rights | Automatic control of constitutionality/claim upheld | On May 16, 2022, the Croatian Constitutional Court ruled unconstitutional the inclusion of a referendum on "epidemics and pandemics" in a constitutional provision that would impose stricter preconditions for the restriction of fundamental rights in times of emergency. At the request of Parliament, the Constitutional Court examined whether the referendum question was constitutional. The Constitutional Court ruled that it was not, which is an obstacle to holding the referendum. Although the proposed amendment is not in itself unconstitutional, it is not in line with the rule of law as a core value and the basis for the interpretation of the Constitution. | https://narodne-novine.nn.hr/clanci/sluzbeni/2022_06_61_888.html | https://www.covid19litigation.org/news/2022/06/croatia-referendum-imposing-stricter-preconditions-restrict-fundamental-rights-during | https://constitutionnet.org/news/croatia-constitutional-court-rules-oppositions-referendum-petition-questions-are-not-line | |
| 21. 12. 2021 | The Croatian Constitutional Court | Covid-19 card | Automatic control of constitutionality/claim upheld | The Croatian government introduced the COVID-19 card, which is compulsory for access to public institutions, state institutions and schools. The certificates will be issued to those who have been vaccinated, cured of the virus or tested negative. The Croatian Constitutional Court has ruled that the anti-plague measures adopted by the government are legal and in line with the Constitution. | http://www.news.cn/english/europe/2021-12/21/c_1310386510.htm | ||||
| 13. 07. 2021 | U-I-3403/2020 et al | Constitutional Court of Croatia | Freedom to conduct a business, Property | Claim rejected | According to the applicants, a law has interfered disproportionately and without real necessity in private relations between citizens and entrepreneurs in order to disrupt normal market relations because a law provided for the suspension of enforcement proceedings. The Court has observed that COVID-19 has questioned the principles of entrepreneurial and market freedom as the basis of the economic structure of the Republic of Croatia. In order to grant all entrepreneurs an equal legal position on the market, an intervention of public authorities was necessary to protect the pillars of the economy of the Republic of Croatia under the circumstances of the epidemic. Furthermore, the Court has held that the disputed provisions, under the conditions of the epidemic and during the period of their application, sought to achieve a legitimate goal, i.e. protecting the principle of entrepreneurial and market freedom as the basis of the economic organization of the Republic of Croatia. Having in mind the limited duration of the disputed Act as well as the legitimate goal that the restrictions sought to achieve (protection of the pillars of the economy of the Republic of Croatia under the circumstances of the epidemic), the Court has also found that the challenged restrictions were proportionate to their objectives in this case. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12587130036A9A6 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-u-i-34032020-et-al-2021-07-13 | ||
| 08. 06. 2021 | No. U-I-263/2021 | Constitutional Court of Croatia | Rule of law, Proportionality | Claim rejected | The Plaintiffs (36 members of Parliament) challenged certain provisions of the Act on the Protection of the Population against Infectious Diseases (APPID) as unconstitutional, arguing that it restricted individual rights and freedoms guaranteed by the Constitution The Court stated that Article 47.2.11 of the APPID limits the right to the inviolability of the home or the right of respect for personal and family life, in a manner compatible with the Constitution which includes the principle of proportionality, in order to protect the lives and health of people. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12586EE003EA612 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-i-2632021-2021-06-08 | http://www.codices.coe.int/NXT/gateway.dll?f=templates&fn=default.htm | |
| 08. 06. 2021 | U-II-1800/2021 | Constitutional Court of Croatia | Scope of powers of public authorities | Claim inadmissible | The constitutional review procedure concerned secondary legislation, i.e. the decision to declare the Covid-19 epidemic. The application was lodged by a citizen claiming that the contested decision was not properly promulgated and was issued without sufficiently reliable information. The Court held that the contested decision did not fall within the scope of Article 125(2) and was therefore not subject to constitutional review. Consequently, the application was dismissed. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12586EE003FFEEA | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-u-ii-18002021-2021-06-08 | ||
| 23. 02. 2021 | CRO-2021-1-001 a) Croatia / b) Constitutional Court / c) / d) 23.02.2021 / e) U-II-5709/2020 et al. / f) / | Constitutional Court of Croatia | Freedom of gahering/assembly, Freedom of religion, Freedom to conduct a business | Claim inadmissible | The constitutional review procedure concerned a secondary piece of legislation, namely the decision of the Civil Protection Headquarters Decision on the restriction of assembly. The applicants invoked freedom of religion, disproportionality of the measures and discrimination. According to the Court, the restrictions challenged generally meet the criteria of proportionality, necessity, reasonableness and effectiveness. They are based on the expert knowledge of the public health authorities. Moreover, they are in line with the constitutional provision that everyone has a duty to pay particular attention to the protection of human health within the scope of his powers and activities. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C1258685004ACAE6 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-u-ii-57092020-2021-02-23 | ||
| 23. 02.2021 | U-II-5709/20 | Constitutional Court of Croatia | Claim rejected | The constitutional review procedure concerned secondary legislation, i.e. the Civil Protection Headquarters Decision on restrictions of assembly (11/27 /2020). The Decision was challenged partially, in respect of religious gatherings, the operation of catering facilities, and sports activities. Applicants invoked freedom of religion, the disproportionality of measures, and discrimination. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C1258685004ACAE6 | https://ec.europa.eu/info/sites/default/files/2021_rolr_country_chapter_croatia_en.pdf | |||
| 20. 10. 2020 | No. U-I-4208/2020 | Constitutional Court of Croatia | Rule of law, Reasonableness | Claim upheld | This case dealt with restrictions on parliamentary work, introduced by the majority of MPs to reduce the risk of infection by amending the Parliament's rules of procedure. The contested provision of the Rules of Procedure limited the number of Members who could attend a parliamentary session. This prevented other Members from attending parliamentary sittings. The contested provision was abolished. According to the Court, the amendments had no objective or rational justification and were therefore abolished, declaring them unconstitutional. | https://narodne-novine.nn.hr/clanci/sluzbeni/2020_10_119_2337.html | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-i-42082020-2020-10-20 | ||
| 14. 09. 2020 | No. U-II-1312/2020 et | Constitutional Court of Croatia | Freedom of movement of persons | Claim inadmissible | The various applicants have submitted joint applications. These concerned the constitutional review procedure referred to subordinate legislation, to the decision on the prohibition of leaving the place of residence in the Republic of Croatia issued by the Civil Protection Headquarters. Referring to certain Articles of the Constitution , the applicants claimed that the contested decision prevented their freedom of movement, their right to medical assistance and their right to obtain foodstuffs necessary for life. According to the Court, the mere assertion that a provision is not in conformity with the Constitution is not sufficient to decide on the substance (merits). | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12585E70028A70E | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-ii-13122020-et-al-2020-09-14 | ||
| 14. 09. 2020 | No. U-I-1925/2020 | Constitutional Court of Croatia | Political rights | Claim inadmissible | The elections were postponed and it was not clear when they would take place, and the representative body was replaced by unelected government commissioners appointed until further notice. The applicant was a Member of Parliament. He alleged that the voting rights of Croatian citizens were restricted because the holding of early municipal elections had been postponed indefinitely by an amendment to the Local Election Law, which deprived citizens of their right to vote indefinitely. The Constitutional Court found that the contested amendments were not unconstitutional. The Court found that the amendments to the law do not affect the general right to vote in local elections and the right to local self-government. | https://www.osce.org/files/f/documents/b/4/465120_0.pdf | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12585E7002A22CA | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-i-19252020-2020-09-14 | |
| 14. 09. 2020 | No. U-I-1372/2020 et all. | Constitutional Court of Croatia | Freedom of public gathering, freedom of religion, freedom to conduct a business, scope of powers of public authorities | Claim rejected | Under the controversial amendments to the law, the Civil Protection Headquarters will issue decisions and instructions implemented by the civil protection headquarters of local and regional units. The applicants' application concerned the lawfulness of the powers of action and decision of the Civil Protection Headquarters. The Parliament has chosen the constitutional basis at its own discretion. The examination of the constitutionality and legality of the decisions and measures of the Civil Protection Headquarters must be carried out in individual cases, in separate constitutional court proceedings. | https://narodne-novine.nn.hr/clanci/sluzbeni/2020_09_105_1971.html | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-i-13722020-et-al-2020-09-14 | https://balkaninsight.com/2020/09/24/croatias-top-court-defends-endorsement-of-anti-pandemic-measures/ | https://verfassungsblog.de/covid-19-and-the-rule-of-law-in-croatia-majoritarian-or-constitutional-democracy/ |
| 14. 09. 2020 | Decision No. U-II-1373/2020 et al. | Constitutional Court of Croatia | Freedom of movement of people, freedom of association | Claim inadmissible | Constitutional review proceedings have been initiated by individuals. The review procedure concerned several decisions issued by the Civil Protection Headquarters. These decisions related to restrictions on social gatherings, commercial activities, the holding of sporting and cultural events, and on passing through streets and other public areas. The Constitutional Court found that the preconditions for a decision on the merits were not met in this case, taking into account the imprecise content of the motions . | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12585E70028DC4C | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-decision-no-u-ii-13732020-et-al-2020-09-14 | ||
| 14. 09. 2020 | No. U-II-2027/2020 | Constitutional Court of Croatia | Freedom of movement | Claim rejected | The constitutional review procedure concerned the decision issued by the Civil Protection Headquarters and related to the temporary ban on crossing the border. The Constitutional Court found that the contested decision was necessary to prevent the spread of the infection. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12585E7002A3793 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-ii-20272020-2020-09-14 | ||
| 14. 09. 2020 | U-I-2162/2020 | Constitutional Court of Croatia | Rule of law, Freedom to conduct a business | Claim rejected | Under the amendments to the Catering Industry Act, the Civil Protection Authority is empowered to take decisions on the conduct of catering activities in special circumstances. Therefore, an individual submitted a proposal to initiate a procedure to review the constitutionality of Article 9a of the Hospitality and Catering Industry Law. According to the applicant, the decisions adopted on the basis of the contested article disproportionately deny the right to conduct a business. According to the Constitutional Court the disputed amendments are constitutional. in relation to the disproportionate nature of such measures, the Constitutional Court cannot, in principle, assess their necessity and proportionality. The Court pointed out, referring to its case practice, assessment of the constitutionality and legality of individual decisions made by the Authority on the basis of a specific provision, including their proportionality, can only be the subject of special constitutional court proceedings. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12585E7002A4966 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-u-i-21622020-2020-09-14 | ||
| 16. 07. 2020 | No. U-VII-3311/2020 | Constitutional Court of Croatia | Election during pandemic, Political rights | Claim rejected | At the request of a political party, a complaint has been lodged concerning a procedure to monitor the constitutionality and legality of elections to the Croatian Parliament. It was debated whether the health risks of holding elections outweighed the benefits of reconvening parliament. According to the complainant, the risk of health damage outweighs the benefits of reconvening Parliament. The applicant has not shown that the fact that the elections were held during the Covid-19 epidemic affected the election results. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C12585A7002D5688 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-no-u-vii-33112020-2020-07-16 | ||
| 03. 07. 2020 | U-VII-2980/2020 | Constitutional Court of Croatia | Election during pandemic, Political rights | Claim upheld | One of the candidates in the Croatian parliamentary elections has submitted a request to the Constitutional Court for a review of the constitutionality and legality of the instructions and recommendations of the State Election Commission. The State Election Commission's instructions were that voters with fever or respiratory symptoms should not go to the polls if they still had those symptoms. According to the Constitutional Court, the State Election Commission, in its instructions for the conduct of the Croatian elections, must, in accordance with its authorities, ensure the legal possibility of exercising the right to vote guaranteed by the Constitution and the law. The right to vote is extended to people who have been diagnosed with SARS-CoV-2 (COVID 19) or other infectious diseases and therefore need to be isolated. The State Election Commission was therefore obliged to adjust its instructions. | https://sljeme.usud.hr/usud/praksaw.nsf/fOdluka.xsp?action=openDocument&documentId=C12570D30061CE54C125859A0032BFB7 | https://www.covid19litigation.org/case-index/croatia-constitutional-court-republic-croatia-u-vii-29802020-2020-07-03 |
https://verfassungsblog.de/voting-in-times-of-a-pandemic/; https://www.croatiaweek.com/croatias-constitutional-court-says-electoral-commission-must-ensure-right-to-vote-to-covid-patients/ |
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