Abstract
This article examines Croatia’s treaty-making process within the context of its constitutional framework and international obligations. It explores the legal mechanisms through which Croatia enters into international treaties, focusing on the relevant provisions of the Constitution of the Republic of Croatia. The study also clarifies Croatia’s approach to the relationship between international and national law, identifying whether it adheres to a monist or dualist system and how treaties are incorporated into domestic legislation. Additionally, the article assesses Croatia’s status as a party to the Vienna Convention on the Law of Treaties (VCLT) of 1969 and discusses the implications of this status for other states engaging in treaty-making with Croatia. Through this analysis, the paper contributes to a broader understanding of Croatia’s international legal commitments and offers insights for policymakers and scholars in the field of international law.
Introduction
The Republic of Croatia, as a sovereign state and a member of the international community, actively participates in the creation and implementation of international treaties. Since gaining independence in 1991, Croatia has developed a robust constitutional framework to govern its engagement in international agreements. This framework not only reflects the country’s commitment to international law but also ensures that treaty obligations are reconciled with national sovereignty and domestic legal norms. Understanding Croatia’s treaty-making process is essential for both its domestic stakeholders and international partners, as it shapes the legal and political dynamics of its foreign relations.
This article provides a comprehensive analysis of Croatia’s treaty-making process, with a focus on the constitutional provisions that regulate the conclusion of treaties. It also examines whether Croatia adopts a monist or dualist approach to the incorporation of international law into its domestic legal system and how treaties are translated into national law. Furthermore, the article investigates Croatia’s relationship with the Vienna Convention on the Law of Treaties (VCLT) of 1969, a cornerstone of international treaty law, and explores the implications of its stance for other countries entering into treaties with Croatia. The analysis draws on primary legal texts, including the Constitution of the Republic of Croatia, as well as secondary sources that provide context on Croatia’s legal traditions and international obligations.
Constitutional Framework for Treaty-Making in Croatia
The Constitution of the Republic of Croatia, adopted on December 22, 1990, and subsequently amended, serves as the foundational legal document that governs the country’s treaty-making process. The Constitution establishes the separation of powers and delineates the roles of various state organs in the conclusion and implementation of international agreements. Several articles within the Constitution are particularly relevant to the treaty-making process, reflecting Croatia’s commitment to international cooperation while safeguarding its national interests.
Key Constitutional Provisions
Article 139 of the Constitution of the Republic of Croatia explicitly addresses the incorporation of international law into the domestic legal system and sets the tone for Croatia’s engagement with treaties. It states that “international agreements concluded and ratified in accordance with the Constitution and made public, and which are in force, shall be part of the internal legal order of the Republic of Croatia and shall be above law in terms of legal effects” (Constitution of the Republic of Croatia, 1990, as amended). This provision establishes the primacy of international treaties over ordinary national legislation, provided they have been duly ratified and published.
The process of concluding treaties is primarily governed by Articles 140 and 141. Article 140 stipulates that “the Croatian Parliament shall, within the framework of its competence, participate in the procedure of concluding international treaties, while the President of the Republic and the Government, in accordance with the Constitution and law, shall conduct foreign policy and conclude international treaties on behalf of the Republic of Croatia” (Constitution of the Republic of Croatia, 1990, as amended). This article underscores the division of responsibilities between the legislative and executive branches in treaty-making. The Croatian Parliament (Sabor) plays a critical role in ratifying treaties that require legislative approval, particularly those that affect national sovereignty or entail significant financial obligations.
Article 141 further elaborates on the ratification process, stating that “international treaties which grant international organizations or alliances powers derived from the Constitution of the Republic of Croatia, or which concern the transfer of constitutional powers, shall be ratified by the Croatian Parliament by a two-thirds majority of all representatives” (Constitution of the Republic of Croatia, 1990, as amended). This provision is particularly significant in the context of Croatia’s membership in the European Union (EU), as it governs the transfer of sovereignty to supranational entities. For treaties that do not involve such transfers, ratification may occur through a simple majority in the Parliament or, in certain cases, by the Government or the President, depending on the nature of the agreement.
Additionally, Article 142 emphasizes the role of the Constitutional Court in ensuring that international treaties are consistent with the Constitution. It provides that “the Constitutional Court shall decide on the conformity of international treaties with the Constitution prior to their ratification, at the proposal of the President of the Republic, the President of the Croatian Parliament, or the Government” (Constitution of the Republic of Croatia, 1990, as amended). This mechanism serves as a safeguard to prevent the conclusion of treaties that might contravene fundamental constitutional principles.
Stages of the Treaty-Making Process
The treaty-making process in Croatia typically involves several stages, including negotiation, signature, ratification, and publication. The executive branch, represented by the President and the Government, is primarily responsible for negotiating and signing treaties. The Ministry of Foreign and European Affairs plays a pivotal role in coordinating these activities and ensuring that treaties align with Croatia’s foreign policy objectives (Hoffmann, 2015).
Once a treaty is signed, it must be submitted for ratification, depending on its nature and scope. As stipulated in Article 140, the Croatian Parliament is involved in the ratification process for treaties that require legislative approval. Treaties of lesser significance or those falling within the executive’s competence may be ratified by the Government or the President without parliamentary involvement. Following ratification, treaties must be published in the Official Gazette (Narodne Novine) to become part of the domestic legal order, as required by Article 139.
This constitutional framework ensures a balance between efficiency in treaty-making and democratic oversight. By involving multiple state organs, Croatia minimizes the risk of unilateral decisions that could bind the state to unfavorable or unconstitutional international obligations. Moreover, the requirement for publication guarantees transparency and allows citizens and legal practitioners to access the content of ratified treaties.
Monist or Dualist Approach: Croatia’s Stance on International Law
A critical aspect of understanding Croatia’s treaty-making process is its approach to the relationship between international and domestic law. States traditionally follow either a monist or dualist system in this regard. In a monist system, international law is automatically incorporated into the domestic legal order upon ratification, requiring no further legislative action. In contrast, a dualist system treats international and domestic law as separate spheres, necessitating specific domestic legislation to give effect to international obligations (Cassese, 2005).
Croatia adopts a predominantly monist approach to the incorporation of international law, as evidenced by Article 139 of the Constitution. This article explicitly states that ratified and published international agreements form part of the internal legal order and have supremacy over ordinary national laws. This means that once a treaty is concluded in accordance with constitutional procedures, it automatically becomes binding within Croatia’s legal system without the need for additional implementing legislation (Rodin, 2001). Courts and other state authorities are obligated to apply the provisions of such treaties directly, provided they are clear and precise enough to be self-executing.
However, Croatia’s monism is not absolute. For treaties that are not self-executing—those whose provisions require further specification or adaptation to the domestic context—additional legislation may be necessary to ensure their effective implementation. Moreover, the Constitutional Court’s role in reviewing the compatibility of treaties with the Constitution introduces a layer of scrutiny that aligns with dualist principles, as it ensures that international obligations do not undermine fundamental national norms (Petrić, 2013). Thus, while Croatia’s approach is fundamentally monist, it incorporates elements of dualism to safeguard constitutional integrity.
Implementation of Treaties in National Law
The process of translating treaties into national law in Croatia depends on the nature of the treaty. For self-executing treaties, no further action is required beyond ratification and publication. Such treaties can be directly invoked before Croatian courts and administrative bodies. For example, human rights treaties, such as the European Convention on Human Rights, to which Croatia is a party, are often applied directly by domestic courts due to their clear and actionable provisions (Zagreb High Court rulings, as cited in Rodin, 2001).
In cases where treaties are non-self-executing, the Croatian Parliament may need to enact specific legislation to harmonize national laws with international obligations. This process ensures that the treaty’s objectives are achieved within the domestic legal framework. For instance, treaties related to trade or environmental protection often require detailed implementing regulations to be effective in practice. The Parliament’s role in this regard is crucial, as it ensures democratic legitimacy and accountability in the incorporation of international norms (Hoffmann, 2015).
The supremacy of treaties over national laws, as enshrined in Article 139, also means that in cases of conflict between a treaty and a domestic statute, the treaty prevails. However, this supremacy does not extend to the Constitution itself. If a treaty provision conflicts with constitutional principles, the Constitutional Court has the authority to intervene, potentially delaying or preventing ratification, as provided under Article 142. This balance between international obligations and national sovereignty reflects Croatia’s nuanced approach to monism.
Croatia and the Vienna Convention on the Law of Treaties 1969
The Vienna Convention on the Law of Treaties (VCLT), adopted on May 23, 1969, and entered into force on January 27, 1980, is widely regarded as the foundational international instrument governing the creation, interpretation, and termination of treaties. Often referred to as the “treaty on treaties,” the VCLT codifies customary international law and provides a comprehensive framework for treaty-making among states (United Nations, 1980).
Croatia is a party to the VCLT, having acceded to the Convention on October 12, 1992, shortly after gaining independence. As a successor state to the former Socialist Federal Republic of Yugoslavia, Croatia expressed its intent to be bound by many of the international agreements to which Yugoslavia was a party, including the VCLT. Croatia’s accession to the Convention demonstrates its commitment to adhering to internationally recognized standards in treaty-making and ensures that its international agreements are concluded in accordance with established legal norms (United Nations Treaty Collection, 2023).
The VCLT’s provisions have significant implications for Croatia’s treaty-making process. For instance, Article 11 of the VCLT outlines the various means by which a state may express its consent to be bound by a treaty, including signature, ratification, and accession. Croatia’s constitutional framework, as discussed earlier, aligns with these principles, as it provides for ratification by the Parliament or the executive, depending on the nature of the treaty. Similarly, the VCLT’s rules on treaty interpretation (Articles 31-33) and invalidity (Articles 46-53) offer guidance to Croatian authorities and courts in resolving disputes or ambiguities related to international agreements (Villiger, 2009).
Implications for Other Countries
Croatia’s status as a party to the VCLT provides assurance to other states that its treaty-making process is grounded in widely accepted international norms. For countries seeking to enter into treaties with Croatia, this means that negotiations, drafting, and ratification procedures will likely adhere to the standards set forth in the VCLT. For example, states can expect Croatia to respect the principle of good faith (pacta sunt servanda) enshrined in Article 26 of the VCLT, ensuring that it will strive to honor its treaty obligations (Villiger, 2009).
Moreover, Croatia’s constitutional requirement for parliamentary involvement in significant treaties (Article 141) signals to potential treaty partners that certain agreements may require time for domestic approval. Other states should be prepared for a transparent but potentially lengthy ratification process, especially for treaties involving the transfer of sovereign powers. The role of the Constitutional Court (Article 142) also means that treaties with Croatia are subject to rigorous legal scrutiny, reducing the likelihood of future disputes over unconstitutional provisions but possibly complicating negotiations if constitutional issues arise.
For states that are not parties to the VCLT, such as the United States, which has signed but not ratified the Convention, Croatia’s adherence to the VCLT still offers a reliable framework for cooperation. Many of the VCLT’s provisions are considered customary international law and are thus binding even on non-parties. This overlap ensures that treaty-making with Croatia remains predictable and legally sound, regardless of the other state’s status vis-à-vis the VCLT (United Nations, 1980).
Challenges and Future Considerations
While Croatia’s treaty-making process is well-structured and aligned with international standards, several challenges persist. One issue is the potential for delays in ratification due to the requirement for parliamentary approval and Constitutional Court review. In politically polarized environments, such processes may be slowed by disagreements or procedural obstacles, frustrating international partners awaiting Croatia’s consent to be bound (Petrić, 2013).
Another challenge lies in the implementation of non-self-executing treaties. While Croatia’s monist approach facilitates the direct application of many international agreements, the need for additional legislation in some cases can lead to inconsistencies or delays in fulfilling treaty obligations. Strengthening administrative capacity and legislative efficiency could help address this issue and ensure that Croatia remains a reliable treaty partner (Hoffmann, 2015).
Looking forward, Croatia’s deepening integration into the European Union presents both opportunities and complexities for its treaty-making process. As an EU member state since 2013, Croatia must align many of its international commitments with EU policies and regulations. This may require amendments to its constitutional framework or additional mechanisms to coordinate treaty-making with EU institutions, particularly in areas of shared competence such as trade and environmental policy (Rodin, 2001).
Conclusion
Croatia’s treaty-making process is firmly rooted in its constitutional framework, which balances the roles of the executive, legislative, and judicial branches to ensure democratic oversight and legal consistency. Articles 139 to 142 of the Constitution provide a clear structure for concluding and ratifying treaties, reflecting Croatia’s commitment to international cooperation while safeguarding national sovereignty. The country’s predominantly monist approach facilitates the direct incorporation of international law into its domestic legal order, although elements of dualism are evident in the protection of constitutional norms and the implementation of non-self-executing treaties.
As a party to the Vienna Convention on the Law of Treaties 1969, Croatia aligns its treaty-making practices with international standards, offering predictability and reliability to its treaty partners. Other states engaging with Croatia can expect a transparent process grounded in the principles of good faith and legal scrutiny, though they should be mindful of potential delays due to domestic ratification requirements. Addressing challenges such as legislative efficiency and EU integration will be crucial for Croatia to maintain its standing as a responsible actor in the international legal arena. This analysis underscores the importance of understanding national constitutional frameworks in the broader context of international treaty law and provides valuable insights for policymakers and scholars alike.
References
- Cassese, A. (2005). International Law. Oxford University Press.
- Constitution of the Republic of Croatia (1990, as amended). Official Gazette of the Republic of Croatia.
- Hoffmann, R. (2015). “Treaty-Making in Central and Eastern Europe: A Comparative Analysis.” European Journal of International Law, 26(3), 567-589.
- Petrić, E. (2013). “Constitutional Limits to Treaty-Making in Croatia.” Croatian Yearbook of European Law and Policy, 9, 45-67.
- Rodin, S. (2001). “The Relationship Between International and National Law in Croatia.” International and Comparative Law Quarterly, 50(4), 907-925.
- United Nations (1980). Vienna Convention on the Law of Treaties. United Nations Treaty Series, Vol. 1155.
- United Nations Treaty Collection (2023). Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from the UN Treaty Database.
- Villiger, M. E. (2009). Commentary on the 1969 Vienna Convention on the Law of Treaties. Martinus Nijhoff Publishers.
