Pregled i smjer razvitka ustavnosudskih standarda za zaštitu ljudskih prava u Republici Hrvatskoj
Review and direction of the development of constitutional-court standards for the protection of human rights in the Republic of Croatia

Author(s): Slavica Banić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Public Law, Evaluation research, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; human rights; CCRC; ECHR; European court for human rights; standards; human rights protection; evaluation;
Summary/Abstract: The article gives an overview of the approach of the Constitutional Court of the Republic of Croatia (CCRC) to the development of the constitutional human rights standards. The overview shows how the Court has been for years „chained“ by the principle of legality which was reflected in both constitutional standards given for the principle of equality before the law and the right to property. The reasoning of the standards' violations lacked sufficient justification from constitutional perspective. In that regard, the acceptance of the European, i.e. Convention standards developed by the European Court of Human Rights (ECHR) were welcome and necessary. They encouraged the change of the Constitutional Court's approach to human rights protection and contributed to the development of their standards. However, this following up implies the issue of the relationship between CCRC and ECHR with regard to the positioning of the ECHR like a hierarchical body in the reviewing process as well as to the question of the procedural limits which govern CCRC in the course of the constitutional complaint's review. Both of these aspects need to be discussed between two courts for the benefit of both of them. Dialogue before and during the ECHR procedure might be a proper way for the future cooperation that might reduce the possible collisions.

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