LAWS TO WATCH: Croatian Sabor Election Act

Jasna Omejec, President of the Constitutional CourtLPJ Issue 151, 5 October 2015

The Constitutional Court annulled some provisions of the election Act. The articles remain that restrict citizens convicted of criminal acts from participating in elections as a candidate from the moment that they are convicted to the moment that they serve their sentence; the conviction needs to be for at least a 6-month prison sentence.

However, it quashed the exception prohibiting the nomination of those who are convicted of abuse of position and authority with probation or sentenced to imprisonment shorter than six months. The Constitutional Court also annulled the nomination prohibition for criminal offenders of criminal offenses of abuse of position and authority during their probation period, after serving their prison sentence.

Regarding the collection voter signatures for the support of a nomination list, the Constitutional Court quashed a provision stipulating a mandatory collection of signatures for political parties, while independent lists would require the collection of 500 signatures, instead of the previous requirement of 1,500 signatures.

The obligatory quota of 40% women on election lists is de facto abolished. Even though the requirement formally remains, a party will not be financially penalised nor disqualified, if they do not comply with positive discrimination measure.

Decision by: Constitutional Court