Application of the European Human Rights Convention in the Republic of Croatia – an Element of Constitutional Checks and Balances
Application of the European Human Rights Convention in the Republic of Croatia – an Element of Constitutional Checks and Balances

Summary/Abstract: Emerging constitutionalism and its inherent concept of “higher law” brought about a fundamental change of the institutional setting of many states in 19th and 20th century. It has significantly increased powers of the judicial branch and introduced a new concept of the separation of powers doctrine. Courts, formerly subservient to legislature, have commenced to exert new powers of judicial review imposing new checks on the legislative and the executive branch. The ratified international treaties make part of the Croatian legal order that national courts are bound to enforce, and the European Convention is granted constitutional protection before the Constitutional Court. This Court, having powers to strike down unconstitutional legislation has a chance, at least in theory, to impose significant checks on the legislative and executive branch. Moreover, the Constitutional court has clarified that ordinary courts have to treat the Convention as entrenched, “higher law” in a manner similar to the one accorded to constitutional provisions; in other words, the Convention is directly applicable in the Croatian legal order and enjoys a quasi-constitutional rank.

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