CROATIA Law and Practice Contributed by: Lada Ćustić and Marko Paulinović, Buterin & Partners
1. General 1.1 General Characteristics of the Legal System The legal system of the Republic of Croatia is founded on the principles of civil law, characterised by codi- fied statutes and legislative instruments that form the primary source of law, sharing significant similarities with the German legal tradition. Procedurally, Croatia adopts a model in which the court plays an active role in establishing relevant facts and guides the progress of proceedings. Legal matters are predominantly con- ducted in written form. While oral arguments may be presented, particularly at hearings or trials, the writ- ten element remains central to the legal process. This structure reflects Croatia’s alignment with the conti- nental European tradition, promoting judicial efficien- The Croatian court system consists of regular and specialised courts. The Supreme Court of the Repub- lic of Croatia is the highest judicial body, and the Constitutional Court of the Republic of Croatia is a special judicial body with the primary task of super- vising the constitutionality of laws and protecting the human rights and freedoms of citizens guaranteed by the constitution. Regular courts are organised into municipal courts (handling first instance civil and criminal matters) and county courts (handling appeals and more complex matters). In addition, the judiciary includes a robust system of specialised courts, such as commercial courts, administrative courts, criminal courts and misdemeanour courts, as well as higher- tier specialised courts, such as the High Commercial Court, High Administrative Court, High Misdemean- our Court, and High Criminal Court. These courts are organised by subject matter and deal with cases within their respective fields of law. Although Croatia is a unitary state and does not have a federal court system, its judiciary is structured in a way that ensures specialisation, consistency, and hierarchical review. On average, it takes several months from the initiation of proceedings to reach the trial stage, although this varies depending on the complexity of the case, court caseload, and procedural factors. cy and legal certainty. 1.2 Court System
1.3 Court Filings and Proceedings Court proceedings in Croatia are, as a rule, open to the public. Hearings are generally public, reinforcing the principles of transparency and accountability with- in the judiciary. Nevertheless, the court is authorised to restrict public access, either in full or in part, under specific and justified circumstances. These include situations where disclosure would jeopardise public interest, the confidentiality of classified or sensitive information – such as matters of national security, mili- tary secrecy, official or commercial secrets – or where it is necessary to protect the private life of the parties, human dignity, or human life itself. In such cases, the court may determine that non-public proceedings are in the best interests of justice. 1.4 Legal Representation in Court Legal representation before Croatian courts is pri- marily carried out by attorneys-at-law who are duly admitted to the Croatian Bar Association and author- ised to represent clients in all types of legal proceed- ings. However, Croatian procedural law allows cer- tain exceptions. Parties may also be represented by an individual with full legal capacity who is either an employee of the party or a blood relative in the first line. Foreign lawyers are allowed to practise law in Croatia under conditions set forth in the Lawyers Act. These include compliance with the requirements related to recognition of professional qualifications, and adher- ence to Croatian legal and ethical standards. In par- ticular, lawyers from EU Member States benefit from mutual recognition frameworks, but must still satisfy national regulatory requirements. These provisions ensure quality representation while enabling cross- border legal practice in line with European legal inte- gration.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Litigation funding by third-party funders is not explicit- ly regulated under Croatian law. Consequently, it is not currently subject to any formal prohibitions or restric- tions. In practice, such arrangements would likely be assessed under general contract law principles, as
217 CHAMBERS.COM
Powered by FlippingBook