Zbornik Radova Pravnog Fakulteta u Splitu (Sep 2015)
Constitutional Court of the Republic of Croatia as guardian of human rights and fundanmental freedoms
Abstract
This paper in general deals with the constitutional legal position of the Constitutional Court of the Republic of Croatia and with constitutional lawsuit as a means of protecting human rights and fundamental freedoms. The powers of the Constitutional Court of the Republic of Croatia are considered in detail in constitutional lawsuit proceedings and mostly in the violation of constitutional rights in the Republic of Croatia by demonstrating constitutional courtpractice. Although the violation of a range of constitutionally protected rights is possible, the most common violations are in fair trial, that is, the various aspects of that right in terms of access to court, right to procedural equality (equality of arms), principles of contradiction, impartiality of court/judge, and protection from arbitrariness ( article 29 section 1 of the Constitution).Apart from violation of rights to fair trial, violations of right to freedom (article 22 of the Constitution), violations of right to ownership (article 48 section 1 of the Constitution), right to inviolability of the home (article 34 section 1 of the Constitution), violations of the right to respecting family life (article 35 of the Constitution) and violation of the right to work (article 54, section 1 of the Constitution) are frequent. The Constitutional Court therefore in proceedings in constitutional court lawsuit enforcement proceedings, assess whether in special circumstances of a particular case violation of a certain constitutional Right has occurred and examines all aspects of certain constitutional rights according to the Practice of the European Court for Human Rights in Strasbourg.
