[Excerpts – Non-official translation into English]
CONSTITUTIONAL
LAW
ON THE RIGHTS OF NATIONAL MINORITIES
I BASIC PROVISIONS
Article
1
The Republic
of Croatia, in accordance with:
-
the Constitution of the Republic of Croatia,
-
the principles of the Charter of the United Nations,
-
the General Declaration on the Rights of a Man, International Pact on Civil and Political Rights, International Pact on Economic, Social and Cultural Rights,
-
the Final Act of the Organisation for Security and Co-operation in Europe, the Paris Charter for New Europe and other OSCE documents related to the rights of a man, especially the Document of the OSCE Copenhagen Meeting on Human Dimension and the Document of the OSCE Moscow Meeting on Human Dimension,
-
the Convention of the Council of Europe for Protection of the Rights of a Man and Fundamental Freedoms, as well as the Protocols with this Convention,
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the International Convention on the Repeal of all Forms of Racial Discrimination, the Convention on the Prevention and Penalizing of the Crime of Genocide, the Convention on the Rights of a Child,
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the Declaration on the Repeal of all Forms of Intolerance and Discrimination on the Grounds of Religion and Conviction,
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the Convention on Fighting against Discrimination in the Area of Education,
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the UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities,
-
the Framework Convention of the Council of Europe for the Protection of National Minorities,
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the European Charter on Regional and Minority Languages,
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the European Charter on Local /Settlement/ Self-government,
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the SEI instruments for the protection of minority rights,
-
the Lund Recommendation on the Efficient Participation of National Minorities in Public Life
Article 2
Apart from human rights and freedoms which are recognized by constitutional
provisions, the Republic of Croatia also recognizes and protects all other
rights foreseen in the international documents as per Article 1 of this Constitutional
Law, depending on the exceptions and limitations foreseen in these documents,
without discrimination on the basis of sex, race, the colour of skin, language,
professing of religion, political and other conviction, national and social
origin, connection with a national minority, ownership, the status inherited
by birth or pursuant to some other basis, in compliance with Articles 14 and
17, Paragraph 3 of the Constitution of the Republic of Croatia.
Article 3
(1) The rights and freedoms of persons who belong to national minorities (hereinafter:
members of a national minority), as basic human rights and freedoms, shall
be an inseparable part of the democratic system of the Republic of Croatia
and shall enjoy necessary support and protection, including positive measures
to the benefit of national minorities.
(2) Ethnic and multicultural diversity and spirit of understanding, mutual
respect and tolerance shall contribute to the promotion of development of
the Republic of Croatia.
Article 4
(1) Every citizen [drzavljanin] of the Republic of Croatia shall
have: the right to express freely that he is a member of a national minority
in the Republic of Croatia; the right to exercise, alone or together with
other members of that national minority or with members of other national
minorities, the rights and freedoms stipulated by this Constitutional Law
and other minority rights and freedoms stipulated by special laws.
(2) Members of national minorities shall exercise the rights and freedoms
stipulated by the Constitution of the Republic of Croatia, as well as the
rights and freedoms stipulated by this Constitutional Law and special laws,
in the equal manner as other citizens [gradjani] of the Republic of Croatia.
(3) National minorities and their members shall exercise the rights and freedoms
stipulated by this Constitutional Law and the rights and freedoms of members
of national minorities stipulated by special laws, in the manner and under
the conditions stipulated by this Constitutional Law and special laws.
(4) Any discrimination based on affiliation to a national minority shall be
forbidden. Members of national minorities shall be guaranteed equality before
the law and equal legal protection.
(5) The undertaking of measures which change the proportion among the population
in the areas inhabited by persons who belong to national minorities and which
are directed at hindering the exercise or restricting the rights and freedoms
stipulated by this Constitutional Law and special laws, shall be forbidden.
(6) This Constitutional Law or a special law shall render it possible to exercise
certain rights and freedoms depending on the numerical representation of members
of national minorities in the Republic of Croatia or in one of its areas,
on their acquired rights and on the international agreements, which are a
part of the internal legal system of the Republic of Croatia, in compliance
with the Constitution of the Republic of Croatia.
Article 5
A national minority in the sense of this Constitutional Law shall be a group
of Croatian citizens [drzavljani], whose members have been traditionally
settled in the territory of the Republic of Croatia, and who have ethnic,
linguistic, cultural and/or religious characteristics which are different
than those of other citizens [gradjani], and who are guided by the
wish for the preservation of those characteristics.
Article 6
(1) The Republic of Croatia may conclude international agreements with other
countries whereby it shall regulate the issues of the rights and freedoms
of members of national minorities in the Republic of Croatia.
(2) On the occasion of concluding international agreements as per Paragraph
1 of this Article, the Republic of Croatia shall advocate the standpoint that
they should create and promote conditions necessary for the preservation and
development of culture of members of national minorities, and preservation
of significant components of their identity, that is, their religion, language,
tradition and cultural heritage.
Article 7
The Republic of Croatia shall ensure the exercise of special rights and freedoms
of members of national minorities which they enjoy individually or together
with other persons belonging to the same national minority, and together with
members of other national minorities when it is stipulated by this Constitutional
Law or a special law, in particular:
-
the use of their language and script, privately and in public use and in official use;
-
education in the language and script which they use;
-
the use of their signs and symbols;
-
cultural autonomy by way of preservation, development and expression of one’s own culture and the preservation and protection of one’s cultural assets and tradition;
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the right to profess one’s religion and to establish religious communities together with other members of that religion;
- access to the media and the performance of activities of public information (receiving and forwarding information) in the language and script which they use;
- self-organising and association for the purpose of exercising mutual interests;
- representation in the representative bodies at the state and local level and in administrative and judicial bodies;
- participation of members of national minorities in the public life and in management of local affairs through the councils and through representatives of national minorities;
- protection from any activity which endangers or may endanger their existence, the exercise of rights and freedoms.
Article 8
The provisions of this Constitutional Law and provisions of special laws regulating
the rights and freedoms of members of national minorities shall be interpreted
and applied for the purpose of respecting the members of national minorities
and of the Croatian people, the development of understanding, solidarity, tolerance
and dialogue among them.
II. RIGHTS AND FREEDOMS
Article 9
(1) Members of national minorities shall have the right to use their surname
and name in a language which they use, and to its official recognition for
them and their children through the entry into registers of births, marriages
and deaths and other official documents, in compliance with the regulations
of the Republic of Croatia.
(2) Members of national minorities shall have the right to have the form for
the personal identification card printed and filled out also in the language
and script which they use.
Article 10
Members of national minorities shall have the right to freely use their language
and script, privately and publicly, including the right to display signs,
inscriptions and other information in the language and script which they use,
in compliance with the law.
Article 11
(1) Members of national minorities shall have the right to education in the
language and script which they use.
(2) The education of members of a national minority shall be performed in
pre-school institutions, primary and secondary schools and other school institutions
(hereinafter: school institution), with the education in the language and
script which they use, under the conditions and in the manner stipulated by
a special law on the education in the language and script of national minorities.
(3) School institutions with the education in the language and script of a
national minority may be established and education may be conducted for a
smaller number of pupils than the number which is stipulated for school institutions
with education in the Croatian language and script.
(4) The curriculum in the language and script of a national minority shall,
except for the general part, obligatorily contain a part, the content of which
is related to a specific quality of a national minority (mother tongue, literature,
history, geography and cultural opus of a national minority).
(5) The right and obligation of pupils educated in the language and script
of national minorities shall be to learn the Croatian language and Latin script
according to the determined curriculum, apart from their own language and
script.
(6) Educational work in a school institution with the education in the language
and script of a national minority shall be conducted by teachers from among
the ranks of a national minority who have excellent command of the language
and script of the national minority, or by teachers who are not from among
the ranks of the national minority, but who have excellent command of the
language and script of the national minority.
(7) The institutions of higher education shall organise the conduct of the
programme of education of school counselors and teachers for the performance
of tasks of education in the language and script used by national minorities
in a part containing specific qualities of a national minority (mother tongue,
literature, history, geography and cultural creativity of a national minority).
(8) Members of national minorities may establish pre-school institutions,
primary and secondary schools and institutions of higher education for the
purpose of conducting the education of members of national minorities in the
manner and under the conditions stipulated by laws.
(9) Pupils attending schools in the Croatian language and script shall be
enabled to learn the language and script of a national minority in the manner
stipulated by a special law, according to the curriculum determined by the
competent central state administration body, along with providing financial
means in the state budget and in the budgets of local self-government units.
Article 12
(1) The equal official use of the language and script used by members of a
national minority shall be exercised in the area of a local self-government
unit, when members of a particular national minority comprise at least one
third of the population of such a unit.
(2) The equal official use of the language and script used by members of a
national minority shall also be exercised when it is anticipated in the international
agreements which, in compliance with the Constitution of the Republic of Croatia,
form a part of the internal legal system of the Republic of Croatia and when
it is stipulated by the statute of a local self-government unit or by the
statute of a regional self-government unit in compliance with the provisions
of a special law on the use of the language and script of national minorities
in the Republic of Croatia.
(3) Other conditions and manner of the official use of the language and script
used by members of a national minority in the representative and executive
bodies and in the procedure before administrative bodies of local self-government
units and regional self-government units; in the procedure before the state
administration bodies of first instance, in the procedure before judicial
bodies of first instance; in the procedures conducted by the State Prosecutor’s
Office and notaries public, and by legal persons with public powers, shall
be regulated by a special law on the use of language and script of national
minorities.
Article 13
The law which regulates the use of language and script of national minorities,
and/or the statutes of local self-government units shall stipulate the measures
providing for the preservation of traditional names and signs and giving the
names of persons and significant events for the history and culture of a national
minority in the Republic of Croatia to settlements, streets and squares in
the areas traditionally, or to a considerable number, populated by members
of national minorities.
[…]
Article 15
(1) For the purpose of preservation, development, promotion and expression
of their own national and cultural identity, members of national minorities
may establish associations, endowments and foundations, as well as institutions
for the performance of public information activities, cultural, publishing,
museum, archival, library and scientific activities.
(2) The Republic of Croatia, local self-government units and regional self-government
units, shall finance the activity of institutions as per Paragraph 1 of this
Article, according to their possibilities.
(3) Associations, endowments, foundations and institutions as per Paragraph
1 of this Article may state in their title that national minorities are their
founders.
Article 16
(1) Members of national minorities, their associations and councils of national
minorities or representatives of national minorities shall freely maintain
contacts with a nation with which they share the same ethnic, linguistic,
cultural and/or religious characteristics and with legal persons with the
seat in the area of the state of that nation which perform the tasks of education,
science, culture, publishing and humanitarian activities.
(2) The associations of members of national minorities and councils of national
minorities or representatives of national minorities may receive from the
state bodies of the nation with which they share the characteristics as per
Paragraph 1 of this Article and from legal persons of that state, without
paying the custom duties, newspapers, magazines, books, movies, videotapes,
recordings, in a limited number of copies, which they use for their needs
and which they can distribute to members of a national minority without paying
a compensation.
(3) The associations of members of national minorities may organise guest
performances by professional and amateur cultural and art groups for the members
of national minorities and organise other cultural and art performances and
exhibitions which contribute to the enrichment of the culture and identity
of a national minority. In such cases, foreign persons participating in the
conduct of performances and exhibitions shall not need the work permit.
(4) Members of national minorities may freely express their religious affiliation
and profess their religion and, in compliance with that, belong to a religious
community.
Article 17
(1) On the basis of laws and implementing regulations, which regulate the
activities of public information, production and broadcast of radio and television
programmes, education, museum, archival and library activity and the protection
and preservation of cultural assets, the conditions shall be created for the
acquaintance of all citizens of the Republic of Croatia, especially of children
and youth, through the content of educational work and through obligatory,
as well as optional educational subjects, with the history, culture and religion
of national minorities.
(2) With the objective of exercising the provisions of Paragraph 1 of this
Article, the measures shall be undertaken which will alleviate the access
to the media for members of national minorities.
Article 18
(1) Radio and television stations at the national, regional and local level
shall have the task of promoting understanding for the members of a national
minority, to produce and/or broadcast programmes intended for the information
of members of national minorities in the languages of national minorities,
the production and broadcast of programmes which stimulate and improve the
preservation, development and expression of cultural, religious and other
identity of national minorities, the preservation and protection of their
cultural assets and tradition and the production and broadcast of programmes
by which members of a national minority in that area get acquainted with the
work and tasks of their council of national minority and of the representative
of national minorities. Legal persons performing the activity of public information
(the press, radio and television) shall enable the associations of members
of national minorities and institutions of national minorities to participate
in the creation of the programme intended for national minorities.
(2) The state budget and the budgets of local and regional self-government
units shall provide the funds for co-financing of programmes of radio and
television stations which they own, which programmes are intended for national
minorities, in compliance with the possibilities and according to the criteria
set forth by the Government of the Republic of Croatia, upon the proposal
of the Council for National Minorities, or by the competent bodies of local
and regional self-government units upon the proposal of the council of national
minorities.
(3) With the aim of exercising the rights of members of national minorities
to the information through the press, radio and television in the script and
language of a national minority, members of national minorities, their councils
of national minorities and representatives of national minorities and their
associations may perform the activity of public information (publish newspapers,
produce and broadcast radio and television programme and perform the activity
of news agencies), in compliance with the law.
Article 19
(1) The Republic of Croatia shall guarantee members of national minorities
the right to representation in the Croatian Parliament.
(2) Members of national minorities shall elect a minimum of five and a maximum
of eight of their representatives in special electoral units, in compliance
with the law regulating the election of representatives into the Croatian
Parliament, whereby the acquired rights of national minorities may not be
decreased.
(3) Members of national minorities who participate in the total population
of the Republic of Croatia with more than 1.5% shall be guaranteed a minimum
of one and a maximum of three representative seats for the members of that
national minority, in compliance with the law regulating the election of representatives
into the Croatian Parliament.
(4) Members of national minorities who participate in the total population
of the Republic of Croatia with less than 1.5% shall have the right to elect
a minimum of four representatives, members of national minorities, in compliance
with the law regulating the election of representatives into the Croatian
Parliament.
Article 20
(1) The Republic of Croatia shall guarantee members of national minorities
the right to representation in the representative bodies of local self-government
units and in the representative bodies of regional self-government units.
(2) If at least one member of a national minority, which participates in the
population of the local self-government unit with more than 5% and less than
15%, is not elected in the representative body of the self-government unit
on the basis of universal suffrage, the number of members of the representative
body of the self-government unit shall be increased by one member, and the
member of a national minority, who was not elected first according to the
proportional success of each slate in the elections, shall be considered elected,
unless otherwise stipulated by the law regulating the election of members
of the representative body of a local self-government unit.
(3) If, based on universal suffrage, a national minority which accounts for
at least 15% in the population of a local self-government unit, is not represented
in the representative body of the local self-government unit by the number
of members of the national minority which is proportional to its share in
the population of that local self-government unit, the number of members of
the representative body of the unit shall be increased up to the number which
is necessary to exercise the representation, and those members of a certain
minority, who were not elected, according to the order of proportional success
of each slate in the elections, shall be considered elected, unless otherwise
stipulated by the law regulating the election of members of the representative
body of a local self-government unit.
[…]
(7) The official census results shall be relevant to the determination of the number of members of a national minority for the implementation of the provisions of this Article. Prior to each elections, the official census results on the number of members of national minorities in a local or regional self-government unit shall be conformed to possible changes registered in the last confirmed voter’s list of that unit.
Article 21
Local self-government units and regional self-government units, in which members
of national minorities do not constitute the majority of population, may determine
by their statutes that members of national minorities, or a larger number
of members of national minorities, are elected to the representative body
of a local self-government unit or regional self-government unit than it ensues
from their share in the total population of the unit.
[…]
III COUNCILS AND
REPRESENTATIVES OF NATIONAL MINORITIES
IN SELF-GOVERNMENT UNITS
Article 23
Members of national minorities shall elect, in the manner and under the conditions
stipulated by this Constitutional Law, their representatives for the reason
of participation in the public life and management of local affairs through
the councils and representatives of national minorities in self-government
units, in order to improve, preserve and protect the position of national
minorities in the society.
[…]
Article 25
(1) The Council of National Minority shall be a non-profit legal person. It
shall acquire the capacity of a legal person by the entry into the Register
of Councils of National Minorities, which is kept by the Ministry competent
for general administration affairs.
(2) The Council of National Minority shall be responsible for its commitments
with its entire assets.
(3) The title of the Council of National Minority shall be in the Croatian
language and Latin script, as well as in the language and script used by the
national minority which founded the Council.
(4) The title of the Council of National Minority shall contain the sign of
the national minority and the sign of the area for which it was elected.
[…]
Article 27
(1) The Council of National Minority shall pass the working programme, financial
plan and annual financial statement, as well as the statute which regulates
the issues of significance for the work of the Council.
[…]
(3) The Council of National
Minority shall pass the Statute, working programme, financial plan and the
annual financial statement by the majority of votes of all members.
(4) The statute, financial plan and the annual financial statement of the
Council of National Minority shall be published in the official gazette of
the local or regional self-government unit for the area of which the Council
was established.
Article 28
(1) Self-government units shall provide the funds for the work of The Council
of National Minority, including the funds for the performance of administration
tasks for their needs, and they may also provide the funds for the conduct
of specific activities set forth in the working programme of the Council of
National Minority.
(2) The funds for the exercise of specific programmes of the Council of National
Minority may also be provided from the state budget of the Republic of Croatia.
[…]
Article 30
(1) The members of the Council of National Minority shall perform their duties,
as a rule, voluntarily and with the care of a good host.
(2) The members of the Council of National Minority may only receive a compensation
for the costs they had while performing the tasks for the Council from the
Council’s funds, as well as a reward, on a monthly basis or some other
period of time, if approved, and to the amount approved, by the minister competent
for general administration.
Article 31
(1) The Council of National Minority in a self-government unit shall have
the right to:
o propose to the bodies of a self-government unit the measures for the improvement
of the position of a national minority in the state or in an area thereof,
including the submission of proposals of general acts which regulate the issues
of significance for a national minority to the bodies which adopt them;
-
propose candidates for duties in state administrative bodies and bodies of self-government units;
-
be informed about each issue which the working bodies of the representative body of a self-government unit will discuss, and which pertains to the position of a national minority;
-
provide opinions and proposals with regard to the programmes of radio and television stations at the local and regional level intended for national minorities or programmes which deal with minority issues.
Article 32
(1) The authorities of a self-government unit shall be obliged, in the preparation
of proposals of general acts, to request from the Council of National Minority
established for its area an opinion and proposals with regard to the provisions
which regulate the rights and freedoms of national minorities.
(2) Should the Council of National Minority deem that a general act of a self-government
unit or some of its provisions, is contrary to the Constitution, this Constitutional
Law or special laws regulating the rights and freedoms of national minorities,
it shall be obliged to immediately inform about it the ministry competent
for general administration. It shall also inform on that the authorities of
the self-government unit and the Council for National Minorities.
(3) If the Ministry competent for general administration evaluates that the
general act as per Paragraph 2 of this Article or some of its provisions is
contrary to the Constitution, this Constitutional Law or special laws which
regulate the rights and freedoms of national minorities, it shall terminate
its implementation within eight days.
(4) The decision on the termination of implementation shall be forwarded,
without a delay to the municipal mayor, city mayor, that is, to the county
mayor and to the president of the representative body which passed the general
act and the information on the passing of the decision shall be forwarded
to the Council for National Minorities and to the Council of National Minority
based on which information the decision was passed.
(5) The Ministry competent for general administration shall forward to the
Government of the Republic of Croatia the decision on the termination of implementation
of the general act with a proposal for the initiation of the procedure for
the assessment of conformity with the Constitution and law before the Constitutional
Court of the Republic of Croatia and it shall inform a self-government unit
on that.
(6) The termination of the implementation of the general act shall cease if
the Government of the Republic of Croatia does not initiate the procedure
as per Paragraph 5 of this Article within 30 days from the day of receipt
of the decision as per Paragraph 5 of this Article.
Article 33
(1) Two or more Councils of National Minorities founded in the same local
self-government unit, two or more Councils of National Minorities founded
in different local self-government units, two or more Councils of National
Minorities founded in the same regional self-government unit and two or more
Councils of National Minorities founded in different regional self-government
units may establish the co-ordination of Councils of National Minorities for
the purpose of conformation and promotion of mutual interests.
(2) The Councils of National Minorities shall conform the positions on the
issues from their scope of activities through the co-ordination of Councils
of National Minorities.
(3) The Councils of National Minorities may authorise the co-ordination of
Councils of National Minorities to undertake particular measures as per Article
31 of this Constitutional Law, on their behalf.
(4) It shall be considered that the Councils of National Minorities of regional
self-government units have established a co-ordination of Councils of National
Minorities for the area of the Republic of Croatia when more than half of
Councils of National Minorities of regional self-government units joined the
agreement on the establishment of this co-ordination.
(5) The co-ordination of Councils of National Minorities, which was established
by the Councils of National Minorities of regional self-government units for
the area of the Republic of Croatia, may pass decisions on signs and symbols
of national minorities and on the manner of celebration of holidays of national
minorities with the consent of the Council for National Minorities.
Article 34
(1) A minority representative shall perform his tasks under the title which
has to be in the Croatian language and Latin script and in the language and
script used by the national minority which elected him and which contains
the mark of the area for which he was elected.
(2) A minority representative shall open an account for funds which are used
for the exercise of minority rights in the area of a local self-government
unit for which he was elected, the financial plan for the use of those funds
and the annual financial statement for those funds. The financial plan and
the annual financial statement for the funds used for the exercise of minority
rights, shall be published in the official gazette of the self – government
unit for the area of which the minority representative has been elected.
(3) The provisions of Articles 28, 29, 30, 31, 32 and 33 of this Constitutional
Law shall be adequately applied to a minority representative and his competencies
and duties.
IV THE COUNCIL FOR NATIONAL MINORITIES
Article 35
(1) The Council for National Minorities shall be established in order for
national minorities to participate in the public life of the Republic of Croatia
and especially to discuss, propose, regulate and resolve issues related to
the exercise and protection of rights and freedoms of national minorities.
With that goal, the Council shall co-operate with the competent state bodies
and bodies of self-government units, councils of national minorities or minority
representatives, associations of national minorities and legal persons performing
the activities, through which minority rights and freedoms are exercised.
(2) The Council for National Minorities shall have the right to:
-
propose to the bodies of state authorities to discuss certain issues of significance for a national minority, particularly the implementation of this Constitutional Law and special laws regulating minority rights and freedoms;
-
propose to the bodies of state authorities measures to improve the position of a national minority in the state or in an area thereof;
-
provide opinions and proposals about the programmes of public radio stations and public television intended for national minorities and about the manner in which minority issues are being treated in the programmes of public radio stations and public television and other media;
-
propose the undertaking of economic, social and other measures in the areas that are traditionally or in a significant number inhabited by members of national minorities in order to preserve their existence in those areas.
-
request and acquire from the bodies of state authorities and bodies of local and regional self-government the data and reports required for discussing the issues from its scope of activities;
-
invite and request the presence of representatives of bodies of state authorities and bodies of local and regional self-governments, which competence includes the issues from the scope of activities of the Council established by this Constitutional Law and the Statute of the Council.
(4) The Council for National Minorities shall allocate the funds provided from the state budget for the needs of national minorities. The beneficiaries of the funds shall submit annual reports to the Council on the expenditure of the funds which were allocated to them from the state budget, of which the Council shall inform the Government of the Republic of Croatia and the Croatian Parliament.
[…]
Article 36
(1) The Government of the Republic of Croatia shall appoint members of the
Council for National Minorities for a four-year term, as follows:
-
seven members of national minorities, from among the ranks of persons proposed by councils of national minorities,
-
five members of national minorities from among the ranks of distinguished cultural, scientific, expert, religious employees from among the ranks of persons proposed by minority associations and other minority organisations, religious communities, legal persons and citizens, members of national minorities.
(3) The Council for National Minorities shall have a President and two Deputy Presidents appointed by the Government of the Republic of Croatia from among the ranks of the members of the Council. […]
(4) On the occasion of the appointment of members of the Council for National Minorities, the Government of the Republic of Croatia shall take into account the share of members of particular national minorities in the total population of the Republic of Croatia, as well as the fact that the composition of the Council shall reflect their identity and specific quality, historical values, ethnic, cultural and every other diversity.
[…]
(7) The Council for National
Minorities shall have a Statute adopted with the consent of the Government
of the Republic of Croatia. The Statute shall more precisely regulate the
scope of activities and the organisation of the Council.
(8) The Council for National Minorities shall adopt the working programme,
the financial plan, the annual financial statement and decisions on the allocations
of funds which are provided in the state budget for the needs of national
minorities.
[…]
(10) The Council for National
Minorities shall pass decisions with the majority of all members.
(11) The working programme of the Council for National Minorities, the financial
plan and the annual financial statement of the funds of the Council for National
Minorities, and the acts, whereby the Council for National Minorities allocates
the funds provided in the state budget for the needs of national minorities,
shall be published in the "Official Gazette".
V. SUPERVISION
Article 37
(1) The exercise of the rights and freedoms of national minorities guaranteed
by the Constitution, this Constitutional Law and special laws, shall be supervised
by state administration bodies in the issues from their competence.
(2) The Government of the Republic of Croatia shall co-ordinate the work of
state administration bodies in the implementation of this Constitutional Law
and special laws regulating the issues of significance for national minorities.
(3) At least once a year, the Government of the Republic of Croatia shall
submit to the Croatian Parliament a report on the implementation of this Constitutional
Law and on the expenditure of funds provided in the state budget for the needs
of national minorities, and the Council for National Minorities shall submit
to the Croatian Parliament or to its working body competent for the exercise
of rights of national minorities, a bi-annual report on the issues which fall
within the scope of activities of the Council and a quarterly report on the
expenditure of funds provided in the state budget for the needs of national
minorities.
Article 38
(1) The Councils of National Minorities or minority representatives in a self-government
unit, may request from the competent state administration body to conduct
supervision over the implementation of this Constitutional Law and special
laws regulating the rights and freedoms of national minorities on the part
of the bodies of self-government units in which they are established and to
undertake measures providing for the legal operation of those bodies, on which
it shall inform the Council for National Minorities which shall be obliged
to inform Councils of National Minorities or minority representatives, about
its opinion.
(2) The Council for National Minorities may request from the Government of
the Republic of Croatia to conduct supervision over the implementation of
this Constitutional Law and special laws regulating the rights and freedoms
of national minorities on the part of state administration bodies and to undertake
measures providing for the legal operation of those bodies.
(3) The Councils of National Minorities or minority representatives, as well
as the Council for National Minorities shall have the right, in compliance
with the provisions of the Constitutional Law on the Constitutional Court
of the Republic of Croatia, to file a constitutional complaint before the
Constitutional Court of the Republic of Croatia if they deem, by their own
assessment or upon an initiative of members of a national minority, that the
rights and freedoms of members of national minorities, stipulated by this
Constitutional Law and special laws, have been violated.
VI. INTERIM AND FINAL PROVISIONS
Article 39
(1) The provisions of Article 19 of this Constitutional Law shall be applied
from the day of coming into effect of the law which shall, in compliance with
these provisions, regulate the election of representatives to the Croatian
Parliament.
(2) The representative bodies of local and regional self-government units,
which term of office still runs, and in which the right to representation
of minority representatives has not been exercised, in compliance with the
provisions of Article 20 of this Constitutional Law, shall be filled in with
an appropriate number of representatives, members of national minorities within
90 days from the day of coming into effect of this Constitutional Law.
Article 40
Nothing contained in this Constitutional Law shall be interpreted as if it
includes any right to perform any kind of activity or conduct acts contrary
to the fundamental principles of the international law, and in particular
the sovereignty, unity, territorial integrity and independence of the Republic
of Croatia.
Article 41
This Constitutional Law shall neither change nor abolish the rights of national
minorities acquired on the basis of international agreements which are, pursuant
to the Constitution of the republic of Croatia, a part of the internal legal
system of the Republic of Croatia.
[…]
Article 43
(1) The provisions of Article 4, Paragraph 1, Item 1 of the Law on the Use
of Language and Script of National Minorities ("Official Gazette",
No. 51/2000) shall cease to be valid on the day of coming into effect of this
Constitutional Law.
[…]
Article 44
The Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic
and National Communities or Minorities in the Republic of Croatia ("Official
Gazette", No. 65/91, 27/92, 34/92 – consolidated text, 51/00 and
105/00- consolidated text) shall cease to be valid on the day of coming into
effect of this Constitutional Law.
Article
45
This Constitutional Law shall come into effect on the day of its publication
in the "Official Gazette".
Class: 016
– 01/02 – 01/01
Zagreb, 13 December 2002
CROATIAN
PARLIAMENT
Speaker of
The Croatian Parliament
Zlatko Tomcic, signed