Article 121.
The State Judicial Council is an autonomous and independent body which ensures the autonomy and independence of the judicial power in the Republic of Croatia. The State Judicial Council shall autonomously decide, in conformity with the Constitution and law, on the appointment, promotion, transfer, dismissal and disciplinary accountability of judges and presidents of courts, except in the case of the President of the Supreme Court of the Republic of Croatia. The decisions specified in paragraph (2) of this Article shall be made by the Council in an impartial manner on the basis of the criteria set forth by law. The State Judicial Council shall participate in the training and professional development of judges and other judicial personnel. The State Judicial Council shall consist of eleven members, of whom seven shall be judges, two university professors of law and two Members of Parliament, one of whom shall be from the ranks of the opposition. The members of the State Judicial Council shall elect a chair from their ranks. Presidents of courts may not be elected to the State Judicial Council. The members of the State Judicial Council shall be elected for a term of four years. No one may serve as member of the State Judicial Council for more than two terms of office. The remit, organisation, manner of election and mode of operation of the State Judicial Council shall be regulated by law.
The seat of the State Judicial Council is: Ulica grada Vukovara 49/IV, Zagreb, Croatia.
Scope of work
The scope of work of the Council shall include:
- appointing judges;
- appointing and dismissing court presidents;
- deciding on the immunity of judges
- deciding on the transfer of judges
- reassigning judges;
- conducting disciplinary proceedings and deciding on the disciplinary liability of judges;
- deciding on the dismissal of judges;
- participating in the training and professional development of judges and court staff;
- adopting the Methodology for Assessing Judges;
- managing judges’ personal files;
- granting permission to perform other services or work while performing a judicial function
- managing judges’ declarations of assets.
The State Judicial Council is not competent ex officio, nor at the request of other legal entities, to initiate disciplinary proceedings against judges.
Disciplinary proceedings are initiated by a request to conduct disciplinary proceedings. If there are grounds for suspicion that a judge has committed a disciplinary offence, the president of the court, or the person authorized to perform court administration tasks at the court in which the judge performs his or her judicial office, minister responsible for justice, president of the immediately higher court, president of the Supreme Court of the Republic of Croatia, or the council of judges may initiated a request to conduct disciplinary proceding.
The State Judicial Council is not competent to decide on petitions and complaints of participants in court proceedings, nor - outside disciplinary proceedings - to review the work of judges.
The State Judicial Council is not competent to receive criminal charges, to conduct criminal proceedings and to decide in those proceedings.
The State Judicial Council is not competent to decide on exemption of judges and on the delegation of other courts.
Memebers of The Council
- Arsen Bauk, member of the Parliament
- Dražen Bošnjaković, member of the Parliament
- Neven Cambj, judge of the county court Split
- Antun Dominko, judge of the county court Bjelovar
- prof., Igor Gliha, PhD, Faculty of Law Zagreb
- Goran Goluža, judge of the municipal civil court Zagreb
- Gordana Jalšovečki, judge of the Supreme court of Republic of Croatia, vice president
- Mirta Matić, judge of the High commercial court of Republic of Croatia
- Darko Milković, judge of the Supreme court of Republic of Croatia, president
- Lidija Vidjak, judge of the county court Zagreb
- prof., Mario Vinković, phD, Faculty of Law Osijek
ENCJ
The European Network of Councils for the Judiciary ( ENCJ) unites the national institutions in the Member States of the European Union which are independent of the executive and legislature, and which are responsible for the support of the Judiciaries in the independent delivery of justice.
State Judicial Council of Republic of Croatia is a member of the ENCJ since 2015.