Croatian Constitutional Identity and European Integration

Croatian Constitutional Identity and European Integration Presented by: Prof. Dr. Bačić Date: 13 December 2022 Constitution Of 1949 The Constitution of the Republic of Croatia - Adopted on 21 December 1990 - Amended in five occasions: 1997, 2000, 2001, 2010, 2013 - Two distinct procedures either by the Parliament or directly by the voters in a referendum - When amending the Constitution, the Croatian parliament follows a procedure stipulated in its part IX, Art. 147-150. On the other hand, procedure for amending the Constitution in a referendum is laid down in its Art. 87. The 2010 Constitutional Amendments - Constitutional amendments (2010) as a contribution to the constitutionalizing of accession - Dilemmas and questions about the impacts of change: sovereignty, referendum, application of law - Adopted on 16 June 2010 during Croatia's EU membership negotiations - Decision on calling a state referendum on the accession (January 2012) - Ratification of the Treaty of Accession to the EU (March 2012) Part VIII., Art. 143 - Legal Grounds for Membership and Transfer of Constitutional Powers - Pursuant to Article 142 of the Constitution, the Republic of Croatia shall, as a Member State of 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. Part VIII., Art. 144 - Participation in institutions of the European Union - 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. Part VII. (2 - Association and Dissociation), Art. 142 - A procedure entailing the association of the Republic of Croatia into alliances with other states may be initiated by at least one-third of the deputies of the Croatian Parliament, the President of the Republic and the Government of the Republic of the Croatia. - Any procedure for the association of the Republic of Croatia into alliances with other states, if such association leads, or may lead, to a renewal of a South Slavic state union or to any form of consolidated Balkan state is hereby prohibited. - Any association of the Republic of Croatia shall first be decided upon by the Croatian Parliament by a two-thirds majority of all deputies. - Any decision concerning the association of the Republic of Croatia shall be made in a referendum by a majority vote of all voters voting in the referendum. - Such a referendum shall be held within 30 days from the date on which the decision has been passed by the Croatian Parliament. - The provisions of this Article concerning association shall also pertain to the conditions and procedures for the dissociation of the Republic of Croatia. Case-law of the Constitutional Court - Decision (re: Constitutionality of the Constitutional Act on Amendments to the Constitutional Act on Rights of National Minorities), Nos. U-I-3597/2010, U-I3847/2010, U-I-692/2011, U-I-898/2011, U-I- 994/2011, of 29 July 2011 - Notification on the Citizen's constitutional referendum on the definition of marriage, No. SuS- 1-2013, of 14 November 2013 - Decision No. U-VIIR-4640/2014 of 12 August 2014 (re: application of the Croatian Parliament to the Constitutional Court on constitutionality of the referendum question on minority language rights), par. 13.1 - Decision No. U-VIIR-1159/2015 of 8 April 2015 (re: application of the Croatian Parliament to the Constitutional Court on constitutionality of the referendum question on outsourcing), par. 60 - Decision No. U-VIIR-1158/2015 of 21 April 2015 (re: application of the Croatian Parliament to the Constitutional Court on constitutionality of the referendum question on monetization of motorways), par. 45 Concluding remarks - The Croatian Constitution does not explicitly declare any of its parts unamendable. - Decision No. U-II-6111/2013 of 10 October 2017. - The constitutional principles set the structure and constitute the essence of the Croatian state. - The Republic of Croatia can remain what it is only if none of the structural constitutional principles are quashed or amended. - Imposing limits on further European integration?