Text of the Constitution (in English)

* European Union
* International Treaties
* Constitutional Reform
* Referendum

1. Provisions concerning the European Union

CHAPTER VIII. EUROPEAN UNION

1. LEGAL GROUNDS FOR MEMBERSHIP AND TRANSFER OF CONSTITUTIONAL POWERS

Article 143 Pursuant to Article 142 of the Constitution, the Republic of Croatia shall, as a Member Stateof the European Union, participate in the creation of European unity in order to ensure, together with other European states, lasting peace, liberty, security and prosperity, and to attain other common objectives in keeping with the founding principles and values of the European Union.
Pursuant to Articles 140 and 141 of the Constitution, the Republic of Croatia shall confer upon the institutions of the European Union the powers necessary for the enjoyment of rights and fulfilment of obligations ensuing from membership.

2. PARTICIPATION IN EUROPEAN UNION INSTITUTIONS

Article 144 The citizens of the Republic of Croatia shall be directly represented in the European Parliament where they shall, through their elected representatives, decide upon matters falling within their purview.
The Croatian Parliament shall participate in the European legislative process as regulated in the founding treaties of the European Union.
The Government of the Republic of Croatia shall report to the Croatian Parliament on the draft regulations and decisions in the adoption of which it participates in the institutions of the European Union. In respect of such draft regulations and decisions, the Croatian Parliament may adopt conclusions which shall provide the basis on for the Government’s actions in European Union institutions.
Parliamentary oversight by the Croatian Parliament of the actions of the Government of the Republic of Croatia in European Union institutions shall be regulated by law.
The Republic of Croatia shall be represented in the Council and the European Council by the Government and the President of the Republic of Croatia in accordance with their respective constitutional powers.

3. EUROPEAN UNION LAW

Article 145 The exercise of the rights ensuing from the European Union acquis communautaire shall be made equal to the exercise of rights under Croatian law.
All the legal acts and decisions accepted by the Republic of Croatia in European Union institutions shall be applied in the Republic of Croatia in accordance with the European Union acquis communautaire.
Croatian courts shall protect subjective rights based on the European Union acquis communautaire. Governmental agencies, bodies of local and regional self-government and legal persons vested with public authority shall apply European Union law directly.

4. RIGHTS OF EUROPEAN UNION CITIZENS

Article 146 Citizens of the Republic of Croatia shall be European Union citizens and shall enjoy the rights guaranteed by the European Union acquis communautaire, and in particular:
– freedom of movement and residence in the territory of all Member States,
– active and passive voting rights in European parliamentary elections and in local elections in another Member State, in accordance with that Member State’s law,
– the right to the diplomatic and consular protection of any Member State which is equal to the protection provided to own citizens when present in a third country where the Republic of Croatia has no diplomatic-consular representation,
– the right to submit petitions to the European Parliament, complaints to the European Ombudsman and the right to apply to European Union institutions and advisory bodies in the Croatian language, as well as in all the other official languages of the European Union, and to receive a reply in the same language.
All rights shall be exercised in compliance with the conditions and limitations laid down in the founding treaties of the European Union and the measures undertaken pursuant to such treaties.
In the Republic of Croatia, all rights guaranteed by the European Union acquis communautaire shall be enjoyed by all citizens of the European Union.

2. Provisions concerning International Treaties

Art. 2 The sovereignty of the Republic of Croatia is inalienable, indivisible and untransferable.

(...) The Republic of Croatia shall exercise its sovereign rights and jurisdiction in the maritime areas and the seabed and subsoil thereof of the Adriatic Sea outside the state territory up to the borders with its neighbors in accordance with international law.

Art. 7 The armed forces of the Republic of Croatia shall protect its sovereignty and independence and defend its territorial integrity.

(...) The armed forces may cross the borders of the Republic of Croatia without a prior decision of the Croatian Parliament for the purposes of exercises within the international defense organizations which the Republic of Croatia has joined or joins, and in order to offer humanitarian aid.

Art. 31 No one shall be punished for an act which before its commission was not defined as a punishable offence by law or international law, nor he may be sentenced to a penalty which was not defined by law. If a less severe penalty is determined by law after the commission of an act, such penalty shall be imposed.

No one may be tried anew nor punished in criminal proceedings for an act for which he has already been acquitted or sentenced by a final court judgment in accordance with law.

The cases and reasons for the renewal of court proceedings under section 2 of this Article may be provided only by law, in accordance with the Constitution and an international agreement.

Art. 33 Foreign citizens and stateless persons may obtain asylum in the Republic of Croatia, unless they are prosecuted for non-political crimes and activities contrary to the basic principles of international law.

No alien lawfully within the territory of the Republic of Croatia shall be expelled or extradited to another state, except in pursuance of a decision made in accordance with a treaty and law.

Art. 138 International agreements shall be concluded, in conformity with the Constitution, law and the rules of international law, depending on the nature and contents of the international agreement, within the authority of the Croatian Parliament, the President of the Republic and the Government of the Republic of Croatia.

Art. 139 International agreements which entail the passage of amendment of laws, international agreements of military and political nature, and international agreements which financially commit the Republic of Croatia shall be subject to ratification by the Croatian Parliament.

International agreements which grant international organization or alliances powers derived from the Constitution of the Republic of Croatia, shall be subject to ratification by the Croatian Parliament by two-thirds majority vote of all representatives.

The President of the Republic shall sign the documents of ratification, admittance, approval or acceptance of international agreements ratified by the Croatian Parliament in conformity with sections 1 and 2 of this Article.

International agreements which are not subject of ratification by the Croatian Parliament are concluded by the President of the Republic at the proposal of the Government, or by the Government of the Republic of Croatia.

Art. 140 International agreements concluded and ratified in accordance with the Constitution and made public, and which are in force, shall be part of the internal legal order of the Republic of Croatia and shall be above law in terms of legal effects. 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.

3. Provisions concerning constitutional reform

Art. 142 Amendment s to the Constitution of the Republic of Croatia may be proposed by at least one- fifth of the members of the Croatian Parliament, the President of the Republic and the Government of the Republic of Croatia.

Art. 143 The Croatian Parliament shall decide by a majority vote of all representatives whether or not to start proceedings for the amendment of the Constitution.

Draft amendment s to the Constitution shall be determined by a majority vote of all the members of the Croatian Parliament.

Art. 144 The decision to amend the Constitution shall be made by a two-thirds majority vote of all the members of the Croatian Parliament.

Art. 145 Amendment of the Constitution shall be promulgated by the Croatian Parliament.

4. Provisions concerning referendums

Article 45 All Croatian citizens who have reached the age of eighteen years (voters) shall be entitled to universal and equal suffrage in elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision-making procedures by national referendum, in compliance with law.

In elections for the Croatian Parliament, voters who do not have registered domicile in the Republic of Croatia shall be entitled to elect three representatives in compliance with law.

In elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision-making procedures by national referendum, suffrage shall be exercised in direct elections by secret ballot, wherein voters who do not have registered domicile in the Republic of Croatia shall vote at polling stations in the premises of diplomatic-consular offices of the Republic of Croatia in the foreign countries in which they reside.

In elections for the Croatian Parliament, the President of the Republic of Croatia and the European Parliament and in decision-making procedures by national referendum, the Republic of Croatia shall secure exercise of suffrage for its citizens with registered domicile in the Republic of Croatia who are outside of its borders during elections such that they may vote in diplomatic-consular offices of the Republic of Croatia in the foreign countries in which they located or in some other manner as specified by law.

Art. 86 The Croatian Parliament may call a referendum on a proposal for the amendment of the Constitution, on a bill, or any other issue within its competence.

The President of the Republic may, at the proposal of the Government and with the counter-signature of the Prime Minster, call a referendum on a proposal for the amendment of the Constitution or any other issue which he considers to be important for the independence, unity and existence of the Republic of Croatia.

The Croatian Parliament shall call a referendum upon the issues from sections 1 and 2 of this Article when so demanded by ten percent of all voters in the Republic of Croatia.

At such a referendum, the decision shall be made by the majority of the voters who have voted, provided that the majority of the total number of electors have taken part in the referendum.

Decisions made at referenda shall be binding.

A law on referenda shall be passed.