Case nº U-I/5991/2012 of January 23, 2013. Proceedings for reviewing conformity of a law with the Constitution

Resolution Date:January 23, 2013
Issuing Organization:Constitutional Court
SUMMARY

State Judiciary Council Act

 
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The Constitutional Court of the Republic of Croatia, composed of Jasna Omejec, President of the Court, and Judges Mato Arlović, Marko Babić, Snježana Bagić, Slavica Banić, Mario Jelušić, Davor Krapac, Ivan Matija, Antun Palarić, Aldo Radolović, Duška Šarin and Miroslav Šeparović, deciding in proceedings to review the conformity of a law with the Constitution of the Republic of Croatia (Official Gazette nos. 56/90, 135/97, 113/00, 28/01 and 76/10), at its session held on 23 January 2013, rendered the following

DECISION

I. Pursuant to Article 38.2 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (Official Gazette nos. 99/99, 29/02 and 42/02 – consolidated text), proceedings are instituted to review conformity with the Constitution, and Articles 71.2 and 74.2 of the State Judiciary Council Act (Official Gazette nos. 116/10, 57/11 and 130/11) are hereby repealed.

II. This decision shall be published in the Official Gazette.

Statement of reasons

I. PROCEEDINGS BEFORE THE CONSTITUTIONAL COURT

1.- Pursuant to the authorisation prescribed by Article 38.2 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (Official Gazette nos. 99/99, 29/02 and 49/02 – consolidated text; hereinafter: the Constitutional Act), the Constitutional Court sua sponte instituted proceedings to review the conformity with the Constitution of Articles 71.2 and 74.2 of the State Judiciary Council Act (Official Gazette nos. 116/10, 57/11 and 130/11; hereinafter: the SJCA).

2.- Articles 71 and 74 SJCA read:

“Article 71(1) The judge shall have the right to lodge an appeal with suspensive effect against a decision on dismissal from office, or on disciplinary responsibility.

(2) The claimant shall also have the right to lodge an appeal against the decision on disciplinary responsibility.

(3) The appeal shall be lodged with the Constitutional Court of the Republic of Croatia within 15 days of the delivery of the decision."

“Article 74

(1) A decision on temporary suspension shall be made in writing, accompanied by a statement of reasons.

(2) The judge shall have the right to lodge an appeal against the decision on temporary suspension in conformity with Article 69, paragraph 2 herein. The appeal shall not suspend the enforcement of the decision.”

II. RELEVANT LAW

a) The Constitution of the Republic of Croatia

3.- Articles 120.2.4, 120.3, 120.4 and 120.5 of the Constitution read:

“Article 120(...)

A judge shall be relieved of office:...

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