Venice Commission - Report on Bicameralism
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1.Has the country ever had a bicameral parliamentary (or congressional) system in the past? If so, in which period? Why was it decided to change into a unicameral system? Is there a public debate about changing to a bicameral system? What are the terms of the debate?
1945 – 1990 Communist/Socialist period – multicameralism
2.What is the population of the country? What is its size?
At the time of the constitutional enshrinement of bicameralism the population was 4.784.265 (Census of 1991), while at the moment of constitutional revision and introduction of unicameralism (Census of 2001) the population was 4.437.460. According to the official data of the last Census of Population collected in 2021 by the Croatian Bureau of Statistics, the population of Croatia is 3.871.833 inhabitants. The size of the country is 56.594km2.
3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed
According to Article 1 of the Constitution, Croatia is a unitary State with three levels of governance: the central level, the regional level with the counties (županija) and the local level with the municipalities (općina) and cities (grad). The City of Zagreb has a special status, performing competences of both city and county, and a significant role in performing State administrative tasks in its territory. The decentralisation process started on 1 July 2001 when certain functions and costs of elementary and secondary education, health care, welfare, and firefighting service were transferred from the national budget to the budgets of the local governments. Towns that are county seats received widened competencies at the same time. Statistical regions in Croatia are delineated as follows: NUTS-1 – the whole country; NUTS-2: two regions/two statistical regions: Continental Croatia and Adriatic Croatia (until 2012, there were three), and NUTS-3: counties.
4.How many members are in the lower house?
In the Croatian Parliament as a unicameral body (current official name is Hrvatski sabor) there are 151 members. The current constitutional and electoral arrangement (as of 2010) envisions the following:
Croatia
After the Second World War, Croatia was a federal unit of the multinational federation Yugoslavia to whom it transferred a part of its sovereignty. The 1947 Constitution of the Popular Republic of Croatia had defined the parliament (Sabor) as a unicameral body vested by the highest authority in the country. Its structure was altered several times. In 1953 Sabor was divided in two houses: Republican Council and Council of Producers. In 1963 it consisted of five houses/councils: Republican, Economic, Education-Culture, Social-Health and Organizational-Political. In 1974 it became a body with three houses: Council of Labour, Council of Communes and Socio-political Council. These structural arrangements reflected communist/socialist paradigms with a constant focus on improvements by practical legal redesign. Nevertheless, all throughout this period the real power was always concentrated within the Central Committee of the Communist Party and its presidency.
1990 – 2001 Democratic constitution - bicameralism
Still as a federal unit of the former Yugoslavia (at that point the SFRY, Socialist Federal Republic of Yugoslavia), Croatia held its first multiparty democratic elections in April and May of 1990 and in turn the newly elected Croatian Parliament passed the Constitution of the Republic of Croatia (also known as the “Christmas Constitution” as it was promulgated on December 22nd, 1990). It reflected the commitment to modern democratic constitutionalism placing separation of powers, multiparty democratic system, free market economy and human rights in its centre. According to the provisions of the “Christmas Constitution“, the Sabor consisted of two chambers: the Chamber of Deputies (Zastupnički dom) with legislative authority, and the Chamber of Counties (Županijski dom) with an advisory role and the right to lodge so-called suspension veto. However, the previous three-house system continued until the end 1992 and it was only in 1993 that the Chamber of Counties was elected. The Chamber of Counties (Županijski dom) consisted of three representatives of 20 territorial units and 5 persons nominated by the President of the Republic.
2001 to present – unicameral system
As Županijski dom failed to fulfill the intended role of informed and competent advisor to the Zastupnički dom, partly due to the same party-in-power in both Chambers, and missing the need for the territorial representation of the kind in a small state as Croatia (see infra explanation in 2)), the powers of the Chamber of Counties were first reduced in 2000, and the Chamber was finally abolished in 2001.
There is no further debate on re-introduction of bicameralism in the Republic of Croatia. The unicameral system is deemed to be the only obviously adequate parliamentary arrangement for the country.
Croatia is divided into 21 regional units: 20 counties (županija) and the City of Zagreb. Each county (apart from the City of Zagreb, which as a capital and the largest city has a special status of both town and county) consists of towns and municipalities. There are 127 towns (excluding Zagreb) and 428 municipalities in total. Among the towns, the category of so-called large towns has been introduced in 2005 for local government units with more than 35,000 citizens, with a wider circle of self government competences.
Local government is enshrined in the Constitution (Art. 133-138). Counties have a relatively large degree of autonomy. Local and Regional Authorities (LRAs) have a general competence for matters of interest at their respective levels. They exercise their functions in accordance with the subsidiarity principle, which was recognised as a constitutional principle in 2000. Besides the Constitution, which defines the local government system, Law on Local and Regional Self-Government (2001), Law on Public Utilities, and many other special laws further describe the LRAs' responsibilities.
a.1) Central level
The state authorities at the central level are responsible for:
• Overall legislation and execution;
• The state budget and annual accounts;
• Security and defence;
• Adoption of decrees to implement laws;
• Foreign and domestic policy;
• Direction and control over the civil service operation;
• Economic development;
• Direction of the performance and development of public services.
LRAs may perform public services pertaining to the central state administration. Performance of these tasks is regulated by the law and financed from the central stated budget.
Municipality, town, and county are independent in making decisions within their self governmental remit in accordance with the Constitution and Law on Local and Regional Self-Government.
a.2) Regional level - counties (županije)
Counties carry out affairs of regional importance which are not assigned to central bodies by the Constitution or other laws.
In their self-governmental remit, counties have tasks of regional importance, in particular:
• Primary and secondary education;
• Government funded healthcare;
• Regional and urban planning;
• Economic development;
• Transport and traffic infrastructure;
• Establishment and development of the network of educational, medical, social welfare, and cultural institutions;
• Maintenance of public roads;
• Issuing of location and building permits and other documents related to construction and implementation of regional and urban planning in the county, excluding the area of large town and a county seat town.
By decision of a body of a local self-government unit (town or municipality), certain tasks from the self governing remit of the municipality or town may be transferred to the county. Conversely, a local authority may demand from the county to transfer a task to it, if it has budget for it.
a.3) Local level – municipalities and towns (općine and gradovi)
Municipalities and towns in their self-governmental remit have the tasks of local importance that directly address the needs of the citizens, and are not assigned to state bodies by the Constitution or other laws, in particular:
• Organisation of settlement and housing;
• Spatial and urban planning;
• Utility services;
• Childcare;
• Social welfare;
• Primary health protection;
• Elementary schools;
• Culture, sports and recreation;
• Consumer protection;
• Protection and improvement of environment;
• Fire protection and civil protection;
• Local traffic.
In addition to these competences, large towns (defined as towns with more than 35.000 inhabitants or towns that are county seats) also have competence in the field of:
• Maintenance of local public roads;
• Issuing of location and building permits and other documents related to construction and implementation of urban planning.
b) Parliamentary, presidential, semi-presidential or mixed
As opposed to the pre-1990 Socialist Constitution, the organization of power in the Republic of Croatia is based upon a separation of powers into the legislative, executive and judicial branches. Furthermore, power has been devolved through the granting of the right to local and regional self-government. The principle of separation of powers includes the forms of mutual cooperation and reciprocal checks and balances provided by the Constitution and law. Power in Croatia derives from the people and belongs to the people as a community of free and equal citizens. Croatia is a unitary and indivisible, democratic and social state. The highest values of the Croatian constitutional order, explicitly proclaimed to be the grounds for interpretation of the Constitution, are: freedom, equality, national and gender equality, peace, social justice, respect for human rights, inviolability of private ownership, conservation of nature and the environment, rule of law, and the democratic multiparty system (art. 3). Further, guarantees to due process of law, the right to appeal and to constitutional redress form the cornerstone of human rights protection.
The Croatian Constitution of 1990 introduced a parliamentary system of governance with the institutional characteristics of a semipresidential system - along the lines the 1958 Constitution of France (the Fifth Republic). Its main features were dual executive power divided between the President of the Republic and the Government, with the President being directly elected and having extensive autonomous powers, and the Government being politically responsible to both the Parliament and the President. The fact that President Tuđman remained the head of his political party, which was possible according to Art. 96 of the “Christmas Constitution”, and that he had a strong majority in the Croatian Parliament until the end of 1999, made him the pivotal figure in the governmental structure. After the 2000 elections, the former opposition significantly amended the Constitution primarily reducing presidential powers and institutionalizing a “purer form” of a parliamentary system. Further Constitutional amendment in March 2001, abolished the second parliamentary chamber. The most important features of these two Croatian constitutional models – semipresidentialism and parliamentary system - are presented in the following text. The last part present five amendments to the original “Christmas Constitution”.
b.1) From 1990 to 2000: semipresidentialism
The reasons for adopting a semipresidential form of parliamentary system were the following. Firstly, it was deemed that, in general, semipresidentialism combines the two fundamental requirements for a successful functioning of the state government: namely, a high level of political democracy and political stability. Secondly, it was considered that it better met the constitutional and political conditions in the Republic of Croatia at the beginning of the 1990’s. Finally, a semipresidential system was already present in the Croatian constitutional tradition. In 1848, when the Governor Josip Jelačić appointed a Governor’s Council, the organization of government mutatis mutandis possessed the characteristics of a semipresidential system.
The powers of the President of the Republic under the 1990 Constitution were extensive (original arts. 98-104). The President of the Republic had the powers to represent the Republic at home and abroad; to decide on the establishment of diplomatic and other representative offices; to appoint and recall diplomatic representatives of the Republic of Croatia, and to receive foreign diplomatic representatives. Furthermore, in relation to the Croatian Parliament, he had the power to call elections for both Parliamentary Chambers, and to convene their first session; to give to the Croatian Parliament information, and to submit a yearly report on the state of the Republic. In addition, he was empowered to dissolve the Chamber of Representatives, at the proposal of the Government and with the countersignature of the Prime Minister, if this Chamber has passed a vote of no confidence in the Government, or if it has not approved the state budget within a month from the date when it was proposed. In relation to the Government, the President of the Republic had the power to appoint and relieve of duty the Prime Minister of the Republic of Croatia; and at the proposal of the Prime Minister of the Republic of Croatia to appoint and relieve of duty its deputy prime ministers and members of the Government. He also had power to convene a session of the Government of the Republic of Croatia, to shape its agenda, and to preside over sessions of the Government at which he is present. Moreover, the President of the Republic was the commander-in-chief of the armed forces, and had power to appoint members of the National Defense Council of the Republic of Croatia, as well as to appoint and dismiss military commanders. Finally, the President of the Republic was empowered to issue decrees during a state of emergency and thereby held legislative power.
President Tuđman used the latter power in 1991, issuing a variety of emergency decrees, which posed limitations on human rights and fundamental freedoms. For example, according to the Decree on Public Meetings during the State of War or Immediate Threat to the Independence and Unity of the Republic of Croatia, officials were given authority to detain in custody, without court warrant, a person who disturbed or endangered public peace and order. This issue was brought before the Constitutional Court, which held in its decision of June 24th, 1992 , that the President of the Republic did not violate the Constitution by issuing such emergency decrees.
The extensive concentration of power in hands of President in the said period led to a disregard of the constitutional provision on the separation of power (art. 4). Thus, the reshaping of the role and position of the President of the Republic within the government of the Republic of Croatia became the central, though not the only issue to be resolved by the Constitutional Amendments of 2000 and 2001 (see infra b.3)).
b.2) From 2000: a “purer form” of parliamentary system
The Constitutional Amendments of November 2000 redefined the institutional balance of the highest governmental bodies, establishing a constitutional order corresponding to the classical notion of a parliamentary system. The legislative and executive branches are equal in the sense that they can influence each other to the extent of, on one hand, calling for a vote of no-confidence, and, on the other hand, causing the dissolution of parliament. However, the substantial change was in the reduction of presidential powers. Although he/she is still directly elected by the people, the President of the Republic is no longer institutionally above the Government, but rather acts as a neutral arbiter whose main task is to act as a ceremonial head of the state who performs a mediating role in case of political animosities between the Parliament and the Government. The President of the Republic has to confide the mandate to form the Government to the person who, upon the distribution of the seats in the Croatian Parliament and consultations held, enjoys confidence of the majority of its members. At the same time, the Government is politically responsible solely to the Parliament. Therefore, it needs to obtain a vote of confidence of the absolute majority of MPs before its formal appointment and the President cannot discharge it of his own will. Furthermore, the President may propose to the Government to hold a session and consider certain issues and may be present at the meeting of the Government and take part in deliberations, but cannot convoke it and preside over its meetings. The governmental responsibility to the Parliament has been reinforced by introduction of interpelation. This procedure involves formal written motion of 1/10 of the MPs who may question individual acts of the Government where they appear to contravene its general policy. MPs may then call for parliamentary discussion and even for vote of non-confidence in the government.
All important presidential acts are issued on the basis of a proposal of the Government or Prime Minister and need to be countersigned by the Prime Minister. Thus, the President may dissolve the Parliament when the Parliament has passed a vote of no confidence to the Government, or if it has failed to approve the state budget within 120 days from the date when it was proposed, but only at the proposal of the Government and with the countersignature of the Prime Minister, and only after consultations with the representatives of the clubs of parliamentary parties, unless impeachment proceedings against the President for violation of the Constitution have been instituted. Moreover, the presidential decree-making power is clarified and subjected to authority obtained from the Parliament or prior proposal and countersignature of the Prime Minister. Thus, during a state of war the President of the Republic may issue decrees that have the force of law, but only with the ambit given to him by the Croatian Parliament. If the Croatian Parliament is not in session, the President of the Republic is authorized to regulate all issues required by the state of war by decrees with the force of law.
In case of an immediate threat to the independence, unity and existence of the State, or if the governmental bodies are prevented from performing their constitutional duties regularly, the President of the Republic shall, at the proposal of the Prime Minister and with his countersignature, issue decrees with the force of law. However, presidential decrees lose their legal force if the President of the Republic does not submit them for approval to the Croatian Parliament as soon as the Parliament is able to convene, or if the Croatian Parliament fails to approve it. In case of an immediate threat to the independence, unity and existence of the State, the President of the Republic may, with the countersignature of the Prime Minister, order the employment of the armed forces even if a state of war has not been declared. Furthermore, the President needs the Prime Minister’s countersignature in order to decide on the establishment of diplomatic missions and consular offices of the Republic of Croatia abroad, and additionally the opinion of the relevant committee of the Croatian Parliament in order to appoint or recall diplomatic representatives of the Republic of Croatia.
The parliamentary system under the present Constitution has several features that should prevent paralysis of the highest state bodies in case of political controversy and prevent misuse of constitutional instruments. When a vote of no-confidence in the government has been requested by 1/5 of the MPs or the Prime Minister, parliamentary discussion and vote are held only after the “cooling off” period of 7 days but have to be finished within 30 days. The representatives who initiated the vote of no-confidence may not submit the same proposal before the expiry of six months period. If the Parliament fails to vote confidence to two prime minister candidates in a row (regardless of whether it is the process of formation of government after the elections, or the new government after the vote of no-confidence), the President of the Republic may dissolve the Parliament and call for new elections.
In 2000, a specific and very powerful form of direct democracy was introduced, with the provision for a referendum that can be invoked by popular initiative. Ten percent of voters may submit to the Parliament an obligatory request for a referendum on constitutional amendment, legislative proposal, or any other issue that falls within the competence of the Croatian Parliament or is important for the independence, unity and existence of the Republic. A popular decision is mandatory. The Parliament or any other governmental body, as well as bodies of local and regional self-government cannot enact laws and regulations, or issue individual decision, that would contravene the view expressed on the referendum. This mechanism was used only once, as will be pointed out infra in b.3), in 2013 when a definition of marriage was introduced in the Croatian Constitution.
b.3) Constitutional amendments
The Croatian constitution underwent the amendment process five times, namely in 1997, 2000, 2001, 2010 and, most recently, in 2013. The first four amendments can be divided into two general categories. The first one covers those amendments that were undertaken primarily to adapt the Constitution to the changing circumstances in the life of the country. These are predominantly the amendments of 1997 and 2010. The first set of changes to the constitution was for the most part focused on adapting the constitution to the post-war situation, removing provisions that were no longer necessary. On the other hand, the 2010 amendments were significantly focused on introducing new provisions to the constitution and revising some of those already present in preparation for the upcoming EU accession.
The second category of amendments encompasses those that were primarily focused on remedying the problems cropping up in the way the governmental system functioned. The 2000 amendment was thus undertaken in order to better restrain the power of the executive, given that the president of the Republic has in practice become too powerful. Indeed, the function of the president as exercised by its first holder, Franjo Tuđman, acquired some of the features characteristic of imperial presidency. The 2001 amendment completed this shift to the new system of government by abolishing the Chamber of Counties (Županijski dom). This change was to strengthen the Parliament and give it more of an edge over the executive power.
The 2013 amendment was enacted on the popular referendum pushed by conservative NGOs and backed by religious communities introducing a constitutional definition of marriage as a union of a man and a woman (excluding same-sex partners from the definition of “marriage”). Since a minimum turnout quota for popular referendum had been removed by 2010 constitutional amendment due to upcoming EU accession referendum, the so-called “marriage referendum” of 2013 was voted by only 25% of population (turnout 38%, 66% in favour of constitutional definition of marriage).
- 140 MPs elected in 10 electoral units within the country (10 units x 14 MPs) elected by proportional representation (D’Hondt),
- 3 MPs elected in electoral unit “the rest of the world”, that includes all Croatian citizens residing outside the Republic of Croatia, elected by proportional representation (D’Hondt),
- 8 MPs representatives of national minorities, out of which 3 MP Serbian minority, 1 Italian minority, 1 Czech and Slovak minority, 1 Hungarian minority, 1 ex-Yugoslav ethnic groups (Slovenes, Montenegro, Muslim, Macedonian) and 1 the other ethnic minorities.