The Constitutional Framework for the Protection of Fundamental Rights in Croatia

Omejec, Jasna (2026) The Constitutional Framework for the Protection of Fundamental Rights in Croatia. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 7 (1). pp. 299-331. ISSN 2732-0707

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Abstract

Croatia is one of the seven newly established states that emerged following the dissolution of the former Socialist Federative Republic of Yugoslavia (1991—2008). The Croatian Constitution, adopted in December 1990, defines the Republic of Croatia as a unitary and indivisible democratic and social state, founded, inter alia, on the democratic multiparty system, the rule of law, and the protection of human rights and fundamental freedoms (hereinafter ‘fundamental rights’). The first part of this study examines the constitutional framework within which the liberal-democratic conception of fundamental rights has evolved in Croatia. It considers the axiological foundations and guiding principles governing the status of the individual in the Croatian constitutional order, as well as the catalogue of fundamental rights enshrined in the Constitution. This catalogue reflects a search for the values and political ideals that the Croatian state regards as essential to its legitimate functioning. The final part of the paper analyses the adjudication of fundamental rights in the Republic of Croatia. The Constitutional Court serves as the supreme judicial authority tasked with ensuring compliance with, and the application of, the Constitution. An overview of the historical development of the constitutional judiciary in Croatia is provided, followed by an examination of the model for the election of judges to the Court and the respective elected and appointed functions thereof. Moreover, the paper addresses the Court’s jurisdiction, focusing in particular on its principal powers—most notably the abstract review of legislation and other regulations on the basis of actio popularis, and the protection of fundamental rights in individual cases brought forward by constitutional complaints.

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