| Parliament name (generic / translated) |
Hrvatski Sabor / Croatian Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 74 (1) of the Constitution of 22.12.1990, Art. 7 of the Law on Elections of Representatives to the Parliament of the Republic of Croatia)
|
| Start of the mandate |
· When the mandates are validated
|
| Validation of mandates |
· Validation by the House of Representatives. In case of challenge, the Constitutional Court is addressed (Art. 125 of the Constitution).
· Procedure. For the procedure in case of challenge, see Art. 53 to 58 of the Law on Elections of Representatives to the Parliament of the Republic of Croatia).
|
| End of the mandate |
· When the mandates of newly elected MPs are validated, that is on the day when the newly elected Parliament meets (for early dissolution, see Art. 77 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 8 No. 1 of the Law on Elections of Representatives to the Parliament of the Republic of Croatia)
· Procedure: submission of a letter of resignation in writing to the President of the House of Representatives
· Authority competent to accept the resignation: the House of Representatives
|
| Can MPs lose their mandate ? |
Yes |
(a) No revocation before expiry of mandate (Art. 7 of the Law on Elections of Representatives to the Parliament of the Republic of Croatia)
(b) Loss of mandate by judicial decision:
- Sentence of incompetence by final court decision (Art. 8 No. 2 of the Law on Elections of Representatives to the Parliament of the Republic of Croatia)
- Sentence to imprisonment for a period of more than six months by final court decision (Art. 8 No. 3 of the Law on Elections of Representatives to the Parliament of the Republic of Croatia)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-Presidents
3. The chairmen of working bodies
4. The deputy chairmen of working bodies
5. The other MPs
|
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary (see Art. 74 (2) of the Constitution):
+ Additional allowance:
· No exemption from tax
· Pension scheme (Law on the Rights of Representatives)
· Other facilities:
(a) Assistants
(b) Official housing
(c) Security guards for the President and the Vice-Presidents
(d) Postal and telephone services
(e) Travel and transport
(f) Others: life insurance
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 75 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: waiver of immunity
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 75 (3) of the Constitution).
· It applies only to criminal proceedings, covers all offences with the exception of minor offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them.
· Derogations: in cases of flagrante delicto, when caught in the act of committing a criminal offence which carries a penalty of imprisonment of more than five years, the consent of the House is not necessary. The President of the House shall be notified (Art. 75 (4) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and between early dissolution of the House and the election of a new Parliament. It also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 75 (3) of the Constitution:
- Competent authority: the House of Representatives
- Procedure. In this case, MPs must be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by political parties and the Professional Services of the House.
· Handbooks of parliamentary procedure:
- Rules of Procedure of the House of Representatives
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| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings.
· No penalties are foreseen in case of failure to fulfil this obligation.
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| Discipline |
· The rules governing discipline within Parliament are contained in the Rules of Procedure of the House of Representatives.
· Disciplinary measures foreseen:
- Order to withdraw
- Suspension
· Specific cases:
- Offence or insult : disciplinary measures
. Competent body to judge such cases / to impose penalties: the chairperson
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system.
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| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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