IPU PARLINE database: CROATIA (Hrvatski Sabor), Oversight

Parliament name (generic / translated)

Hrvatski Sabor / Croatian Parliament

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The Republic is a parliamentary democracy with a directly elected President as Head of State.

Head of the executive

Prime Minister

Notes

The President represents and stands for Croatia at home and abroad (Article 93, paragraph 1 of the Constitution). He ensures the smooth running of government and is responsible for the defence of the independence and territorial integrity of the Republic. The government consists of a Prime Minister, one or more deputy Prime Ministers and other ministers (Article 108, paragraph 1 of the Constitution).

Method for appointing the executive

The President is directly elected by universal suffrage (Article 94 of the Constitution). The person asked by the President to form a government proposes its members (Article 109 of the Constitution). The government takes office if it obtains a vote of confidence passed by a majority of all the members of parliament. Once this vote is obtained the motion to appoint the Prime Minister is tabled by the President and seconded by the Speaker of the parliament. The motion to appoint the members of cabinet is tabled by the Prime Minister and seconded by the Speaker of the parliament.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for a term of five years, renewable once, while members of parliament are elected for a term of four years (Article 72, paragraph 1 of the Constitution). Elections for the members of the parliament are held not later than 60 days after the expiry of their mandate or the dissolution of the parliament.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

Cabinet members cannot be members of the parliament. Neither the Prime Minister nor any other minister may perform any other public or professional duty without the consent of the government (Article 108, paragraph 2 of the Constitution).

Dissolution of Parliament

Yes

Circumstances

The parliament may dissolve itself in order to call early elections (Article 77, paragraph 1 of the Constitution). The President may dissolve the parliament in accordance with Article103 of the Constitution.

Modalities

The parliament can be dissolved if so decided by the majority of all its members. The President may, on a motion by the cabinet seconded by the Prime Minister and after consultations with the representatives of the parliamentary groups, dissolve the parliament if, at the proposal of Government, the parliament has passed a vote of no confidence in the government, or if it has failed to approve the budget within 120 days from the date it was proposed. The President may not dissolve the parliament if impeachment proceedings have been instituted against him for violation of the Constitution. In the last ten years, Parliament has been dissolved once because new elections were to be held.

Accountability of Government to Parliament

Yes

The government is responsible to the parliament (Article 114 of the Constitution). The Prime Minister and cabinet members are jointly responsible for the decisions made by the government, and are personally responsible for their respective competencies.

Modalities of oversight

Oral and written questions of parliamentarians

Members of parliament have the right to put questions to the government and individual ministers (Article 86, paragraph 1 of the Constitution). At least one tenth of the representatives may submit an interpellation on the conduct of the government or any of its individual members.

Government reports to Parliament

Not available

Measures

Vote of confidence on Government programs and/or legislative proposals

Immediately after the government is formed, but not later than 30 days thereafter, the Prime Minister presents the government and its programme to the parliament and requests a vote of confidence to be passed. A vote of confidence may be requested by the Prime Minister at any time. If the vote of confidence for his/her mandate and the new cabinet is not passed during this period, the Speaker of the parliament notifies the President of the Republic of this fact. On receipt of this notification, the President then issues a decision to dissolve the parliament, and simultaneously calls for new elections.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A vote of no confidence in the Prime Minister, in individual cabinet members, or in the government as a whole, can be tabled (Article 115 of the Constitution).

Modalites

A vote of no confidence may be requested by at least one fifth of the members of the parliament, as well as by the Prime Minister. No debate or vote of no confidence may be taken before seven days have elapsed from the date when the motion was submitted to the parliament. The debate and vote of no confidence are carried through not later than 30 days from the day the motion was put before the parliament. A no-confidence decision is accepted if it has been passed by the majority of all parliamentarians.

Consequences

If a vote of no confidence in the Prime Minister or in the government as a whole is passed, the Prime Minister and his cabinet submit their resignation. If a vote of no confidence in an individual cabinet member is passed, the Prime Minister may propose another member to the parliament for a vote of confidence, or the Prime Minister and the cabinet as a whole may submit their resignation. If Parliament rejects the proposal for a vote of no confidence, the representatives who have submitted it may not make the same proposal again before six months have elapsed. Since 1990, 16 motions of no confidence have been tabled by the opposition. None has been carried.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President may be impeached for any violation of the Constitution he has committed in the performance of his duties (Article 104 of the Constitution). The Prime Minister and other cabinet members cannot be impeached by the parliament.

Modalites and procedure

Proceedings for the impeachment of the President may be instituted by the parliament by a two-thirds majority vote of all representatives. The impeachment of the President is decided upon by the Constitutional Court by a two-thirds majority vote of all Judges. The Constitutional Court decides upon the impeachment of the President within 30 days of the submission of the proposal.

Consequences

If the Constitutional Court sustains the impeachment, the duty of the President ceases.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Parliament may ask for reports and information from those ministers and officials who are responsible for the work of administrative bodies, or on matters within the scope of the respective ministries' competencies. More precisely, they can ask them to submit reports on enforcement and implementation of the law or on other particulars at their disposal.

Means and modalities of oversight

Hearings in Committees

Parliament exercises oversight over the actions of the Government administration by holding hearings in committees.

Committees of inquiry and missions to Government departments

Parliament may form committees of inquiry on any issue of public interest (Article 91, paragraph 1 of the Constitution). The composition, competence and powers of these committees must be in accordance with the law.

Oral and written questions of parliamentarians

Parliamentarians may put oral and written questions to the government or its individual members about the performance of its duties, especially about the situation in individual fields of social life, about the implementation of the law and other parliamentary acts, as well as about the work of the ministries and other administrative bodies and organisations vested with public powers. As a rule, four hours are set aside for questions, at the beginning of each session. The deadline for replies to oral questions is immediate. If a reply is not obtained immediately, it has to be given within 30 days, which is also the deadline for written questions.

In parliamentary sessions, a debate is launched by interpellation on the work of the cabinet as a whole, or on individual government or ministry decisions, if these vary from the general position of the government or a ministry concerning the implementation of the law or of an established policy. An interpellation may also be presented when a parliamentarian has been dissatisfied with a supplementary reply subsequently given in writing by the government or one of its members to the question that he/she raised, indicating that there may be particularly justified reasons based on both the questions and the reply for starting a debate on these.

Role of Parliament in the appointment of senior Government officials

A parliamentary committee gives its opinion to the President concerning the appointment and recall of heads of diplomatic missions abroad.

Activity reports of the Government administration and of public services or establishments

There are some reports by the administration that are required by law. Others may be requested by parliamentarians when they are dissatisfied with the situation in individual regions.

Representation of Parliament in governing bodies of the Government administration

Parliamentarians may, exceptionally, be members of governing or supervisory boards of commercial companies, institutions or extra-budgetary funds which are predominantly state-owned, or in which the state has a majority stake. They are not entitled to any permanent monetary remuneration.

Existence of an ombudsman

Yes

Method for appointing the executive

The People's Ombudsman, as a parliamentary commissioner, protects the constitutional and legal rights of citizens before the administration and bodies vested with public authority (Article 92, paragraph 1 of the Constitution). He/she is elected by the parliament for a term of eight years.

Relationship to Parliament

The Ombudsman protects the constitutional and legal rights of citizens before the Ministry of Defence, the armed forces and security services, before local and regional self-government bodies and further protects the right to local and regional self-government before central governmental bodies. The Ombudsman submits an annual report on his/her work to the parliament.

Consultation of Parliament in the preparation of the national budget

Yes

When the report on the execution of the budget is discussed in parliament, policy fundamentals or directions and guidelines for the work on the next year's budget may be established.

Modalities of oversight

Examination of the budget / finance act by Parliament

Parliament conducts a debate on the reports submitted on the execution of the budget and passes conclusions establishing the parliament's view on the overall situation and developments. This debate is preceded by one carried out by the committee responsible for the budget.

Reports on the budget / finance act by Committees

The finance committee submits a report on the budget to parliament, containing views, remarks and proposals.

Fields overseen

Defence budget

Parliament exercises oversight over the national defence budget by means of a defence sub-committee, established by the committee on internal policy and national security.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

Parliament adopts development strategies for individual spheres of economic and social life.

Parliament's deadline for the examination and adoption of the budget / finance act

The government must submit a draft budget to the parliament for the coming year by the 15 November of each year. The parliament must adopt the budget before the end of the calendar year.

Consequences of failure by Parliament to adopt the budget / finance act

If the parliament fails to adopt the budget by the end of the year, a decision on temporary finance is passed, for a maximum of three months. In the event that the budget has not been adopted within 120 days of it being submitted, the President may dissolve the parliament on the government's advice seconded by the Prime Minister, after having consulted with the representatives of the various parliamentary party groups.

Budgetary autonomy of Parliament

No

Not applicable

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Parliament exercises oversight over public spending through the annual government reports on the implementation of the budget.

Parliamentary oversight of public companies

Yes

There is an audit service within the Ministry of Finance responsible for overseeing public companies.

Modalities of oversight

Body for auditing the Government's books and method for appointing

Auditing of government books is done by the public finance audit body. The chief auditor is appointed by the parliament.

Reports of the public auditor's office

The public auditor's office submits a report to the parliament once a year. Parliament follows up this work by debating the report and by drawing the appropriate conclusions concerning the findings of the audit office.

Specialised committee

Parliament exercises oversight over public spending through the semi-annual government reports on the implementation of the budget.

Foreign Relations Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign policy through the foreign relations committee.

Powers of the Committee

The committee (i) considers matters of foreign policy and international relations which the parliament debates and decides upon, and prepares draft regulations under the parliament's authority in matters pertaining to this field; (ii) cooperates with the corresponding parliamentary committees of other countries; (iii) provides opinions to the President on the appointment and dismissal of heads of diplomatic missions abroad; (iv) considers reports from standing or temporary parliamentary delegations to inter-parliamentary institutions in cooperation with the inter-parliamentary cooperation committee; (v) considers international treaties that are to be ratified by the parliament and submits its proposals and views; and (vi) cooperates with other national bodies operating in the field of foreign policy and international relations.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in Parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues, with one debate on average during each sitting.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

International agreements are concluded, depending on the nature and contents of the international agreement, under the authority of the parliament, the President and the government (Article 138 of the Constitution). International agreements which entail the amendment of laws, international agreements of a military and political nature, and international agreements which financially commit the Republic are subject to ratification by the parliament.

International agreements which grant international organizations or alliances powers derived from the Constitution, are subject to ratification by the parliament by a two-thirds majority of all members (Article 139 of the Constitution). The President signs all documents of ratification, accession, approval or acceptance of international agreements ratified by the parliament. International agreements which are not subject to ratification by the parliament are concluded by the President on the advice of the government, or by the government itself.

Other mechanisms for participation in foreign policy by Parliament

Parliament exercises oversight over foreign policy by ratifying international treaties, with permanent delegations to international organisations' parliamentary assemblies, and through opinions of the foreign relations committee to the President on the appointment and recall of heads of diplomatic missions abroad.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over defence policy through the domestic policy and national security committee.

Powers of the Committee

The committee establishes and monitors the implementation of policy in matters pertaining to (i) the structure and authority of administrative bodies in the field of domestic policy and defence; (ii) citizenship and the personal status of citizens; (iii) defence and safety, state and public security, traffic safety, protection from fires and natural disasters; (iv) oversight of the legality of the work of the national security office and the agency for the protection of the Constitution; (v) opinions on the appointment of directors of security agencies in accordance with the Constitution; (vi) reports from the central auditing office, the financial auditing service and criminal investigations police in those areas pertaining to irregularities in the financial operations of state bodies; and (vii) other matters of internal policy, national security and defence.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in Parliament.

Parliamentary oversight of public arms manufacturing companies

Reports from the public auditor's office are considered by the national security committee, and the latter then transmits its views and proposals to the parliament.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

Parliament decides on war and peace (Article 80 of the Constitution). During a state of war, the President may issue decrees with the force of law based on, and limited to, the authority obtained from the parliament. If the parliament is not in session, the President is authorised to regulate all the issues required by the state of war by decrees having the force of law. The President submits such decrees to the parliament for approval as soon as it is in a position to convene. If the President does not submit a decree for approval to the parliament as required, or if the parliament fails to approve it, the decree ceases to be in force.

Role of Parliament in sending troops abroad

In case of an immediate threat to the independence, unity and existence of the state, the President may, with the counter-signature of the Prime Minister, order the use of the armed forces even if a state of war has not been declared.

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, the parliament adopts the defence strategy, as well as any defence legislation based on this strategy. The national defence committee also takes part in other forms of cooperation with other national defence actors.

Circumstances

The President, as the supreme commander of the armed forces, declares a state of emergency. He is responsible for the defence of the country's independence and territorial integrity.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

During a state of war or an immediate threat to the independence and unity of the state, or in the event of severe natural disasters, individual freedoms and rights guaranteed by the Constitution may be restricted (Article 17 of the Constitution). This is decided by the parliament by a two-thirds majority of all its members or, if it is unable to meet, at the proposal of the government with the counter-signature of the Prime Minister, by the President. The extent of these restrictions must be proportional to the nature of the emergency and cannot lead to unequal treatment of individuals. The work of the parliament is continued under these circumstances, in accordance with the regulations laid down by the Constitution.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court consists of thirteen Judges elected by the parliament for a term of eight years from among reputable jurists, especially judges, public prosecutors, lawyers and university law professors (Article 125 of the Constitution).

Means and procedures

The Constitutional Court (i) decides on the conformity of laws with the Constitution; (ii) decides on the conformity of other regulations with the Constitution and laws; (iii) may decide on the constitutionality of laws and other regulations which have lost their legal force; (iv) decides on constitutional complaints against individual decisions by governmental bodies, bodies of local and regional self-government and legal entities with public authority; (v) exercises oversight on constitutional and legal matters and notifies the parliament of any instances of unconstitutionality and illegality observed; (vi) decides on jurisdictional disputes between the legislative, executive and judicial branches; (vii) decides, in conformity with the Constitution, on the impeachment of the President; (viii) supervises the constitutionality of the programmes and activities of political parties and may, in conformity with the Constitution, ban their work; (ix) supervises the constitutionality and legality of elections and national referenda, and decides on those electoral disputes which are not within the jurisdiction of courts; and (x) performs other duties specified by the Constitution (Article 128 of the Constitution).

The request by which proceedings before the Constitutional Court are instituted may be presented by (i) one fifth of the members of the parliament; (ii) a committee of the parliament; (iii) the President; (iv) the government, to review the constitutionality and legality of regulations; (v) the Supreme Court or another court of justice, if the issue of constitutionality and legality has arisen in proceedings conducted before that particular court of justice; and (vi) the People's Ombudsman in proceedings provided by Article 92 of the Constitution.

Every individual or legal person has the right to petition for the institution of proceedings to review the constitutionality of the law and the legality and constitutionality of other regulations. The Constitutional Court itself may decide to institute proceedings to review the constitutionality of the law and the constitutionality and legality of other regulations. If the Court finds that an authorised body has not enacted a rule or a regulation needed for the application of the Constitution, law or other regulation, being bound to enact such a regulation, it notifies the government, while the parliament is notified about the regulations which the government has been obliged to enact. The Court repeals a law if it finds it to be unconstitutional, and repeals or annuls any other regulation if it finds it to be unconstitutional or illegal.

Evaluation of laws

No

Not applicable

Measures

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