Basic principles of the Croatian legal system and citizens' rights and duties
This domain asks how Croatian law is structured, how courts work, and which rights and duties the Constitution gives citizens. Expect questions on the hierarchy of legal rules, fair trial, equality and the limits of rights.
Foundations
- Croatia has a continental, civil-law system. The hierarchy runs from the Constitution and ratified international treaties, through laws, to subordinate regulations. Everyone must obey the Constitution and the law.
- Courts include municipal, county, commercial and administrative courts, the High Administrative Court, the Supreme Court and the Constitutional Court, which decides on constitutionality.
- Constitution Part III protects life, liberty, equality before the law, freedom of expression, religion, assembly and association, privacy, property, work, education and health care.
- Rights may be restricted only by law, for a legitimate aim, and proportionately. Some rights, such as the prohibition of torture, are absolute.
- Duties include paying taxes, defending the Republic, protecting the environment and cultural heritage, and obeying the Constitution and laws.
Worked example
Question: "A municipal decision bans a peaceful protest because it would inconvenience traffic. Is that constitutional?" Reasoning: peaceful assembly is guaranteed. A restriction needs a legal basis, a legitimate aim, and necessity and proportionality. Traffic inconvenience alone is unlikely to satisfy that test, so the ban is probably unconstitutional.
Traps
"Rights are unlimited" is false. The Constitutional Court is not a final criminal appeal; that is the Supreme Court. The Ombudsman can investigate and report but cannot annul court judgments.