Subject matter and scope of application relating to legal subjects
(1) These Uniform Rules on the Methodology and Legislative Technique for the Drafting of Acts Enacted by the Croatian Parliament (hereinafter referred to as the “Rules”) regulate the legal and methodological principles and the uniform technique to be applied when drafting acts to be passed by the Croatian Parliament: primarily laws and other regulations (hereinafter referred to as “regulations”), their structure and organization, and the style and method in which they are written.
(2) The Rules shall be applied by legal subjects in charge of normative tasks and persons authorized to propose regulations.
(3) The Rules articulate the most suitable form for drafting laws and shall be appropriately applicable to all other regulations.
Scope relating to legal objects
(1) For the purpose of these Rules, a regulation can be any of the following:
a) the Constitution of the Republic of Croatia
b) a constitutional law
c) a legal code
d) a law
e) rules of procedure
f) a regulation
g) an ordinance
h) a directive
i) a recommendation
j) an order
k) a decision
l) other acts of general application.
(2) These Rules may be applied to strategies, plans, programmes, resolutions and declarations.
(3) These Rules may be applied in the drafting of regulations by the competent bodies of local and regional units of self-government.
UNIFORM TECHNIQUE FOR THE DRAFTING OF REGULATIONS
THE CONTENT OF REGULATIONS
The structure of a regulation
(1) A regulation has the following structure:
a) an introductory part
b) a main part
c) a final part.
(2) If so required by its legal nature or content, a regulation may have annexes and appendices that are its integral parts and which are enacted, amended and published following the same procedures as the regulation itself.
CONTENT OF THE INTRODUCTORY PART OF A REGULATION
(1) The introductory part of a regulation contains the following:
a) a preamble
b) the title of the regulation
c) the scope of the regulation’s content.
(2) In addition to the elements mentioned in paragraph 1 of this article, the introductory part may also contain individual terms that are given specific definitions that apply only for the purpose of that regulation.
(1) The preamble is the initial part of a regulation containing an indication of the legal basis for enacting that regulation, or the provisions of a higher-ranking regulation authorizing the enactment of the regulation in question.
(2) Other than the information referred to in paragraph 1 of this Article, the preamble shall contain the name of the body or the authorized person enacting the regulation, indicating the session and the date of its enactment.
(3) When the body or the person authorized to enact the regulation is required to obtain a prior opinion or consent from another body, the preamble shall also contain the name of the body that has given its opinion or consent for the enactment of that regulation, whereby it is not permissible to state that two bodies pass one regulation together.
(4) Abbreviations or acronyms of bodies, persons or regulations shall not be used in the preamble.
(5) The provisions of this Article shall not apply in their entirety to the Constitution, constitutional laws, or laws.
Title of a regulation
(1) The title is the part of a regulation following the preamble. It shall be brief and shall concisely express the type of regulation and its subject matter, identifying the content to be regulated.
(2) The title of a regulation shall not contain any abbreviations or punctuation marks.
(3) By way of derogation from paragraph 1 of this Article, when the content includes multiple areas, a succinct indication of the content most relevant for that regulation shall be entered into the title of the regulation.
Subject matter of a regulation
(1) The subject matter of a regulation shall be expressed concisely and briefly in article 1 of the introductory provisions.
(2) It is unacceptable and unnecessary to include in article 1 an exhaustive list of all the elements of the regulation, or all the issues that are regulated by the regulation; rather, it is imperative to express the essence and refer to the basic subject matter, i.e. content, of the regulation.
(3) The provisions of paragraphs 1 and 2 of this Article refer to the entire regulation, while the rules on article 1 of amending regulations (regulations on modifications and supplementations, i.e. modifications or supplementations to regulations) are set out in a separate chapter of these Rules.
Coordination of regulations with European Union law
When an EU directive or any other binding legal act of the European Union is incorporated into Croatian legislation by way of a regulation, this shall be stated in article 2 of that regulation, where it shall be indicated exactly which directive or act or parts thereof are to be transposed.
The relation of a regulation to other regulations
(1) The relation of a regulation to other regulations within a united legal system shall be defined in the introductory provisions in the event of:
a) subsidiary application of the other regulation;
b) the appropriate application of the other regulation;
c) specific content to which the other regulation applies; or
d) the exemption of certain issues from the application of the regulation in question or the other regulation.
(2) In cases referred to in paragraph 1, items c) and d) of this Article, in certain cases, the application of the other regulation may be specified in the main (central) part of the regulation in question.
Abbreviating names and phrases
(1) Names or phrases may be abbreviated for the purpose of uniform and concise wording, and when the same name or phrase is repeated several times in the text of a regulation.
(2) Names or phrases shall be abbreviated upon their first appearance in the text.
(3) Two or more abbreviations in one provision should be avoided.
(4) Abbreviations established in one regulation cannot be used in another regulation, be it higher or lower ranking.
Objectives and principles of regulations
(1) The introductory part of a regulation may define the objectives, purpose and principles that reflect the basic values and rules in the particular field of social relations that are regulated by the regulation and are important for the regulation as a whole and serve as the basis for interpretation.
(2) If the introductory part of the regulation contains the definitions referred to in paragraph 1 of this Article and Article 8 of these Rules, then the introductory part shall be entitled basic provisions.
(3) Objectives and principles of particular regulations are exceptionally set out in legislation of the Republic of Croatia.
The explanation (definition) of terms
(1) The explanation (definition) of terms is necessary if there are doubts about their meaning, if they are technical or ambiguous, or if they are used in a narrower or broader sense than usual.
(2) The explained (defined) term (expression) shall be used throughout the text of the regulation. If a term has already been defined to mean the same in another regulation, the new regulation shall either adopt that same definition or make reference to the other regulation.
(3) All explanations (definitions) of terms shall be given in one article at the end of the introductory or basic provisions. Each term shall be defined in a separate item indicated by a bracket and shall be written with a lower-case initial letter, except in the case of a proper noun.
(4) By way of derogation from the rules in this Article, it is not necessary to explain institutions, concepts and terms that represent legal standards (such as owner, lawsuit, court, etc.), because these are to be understood as they have been defined in the legal system, or in the general rules governing a certain area of law.
(1) Regulations shall be written using gender-sensitive language, and therefore, gender-neutral terms shall be used.
(2) In order to make the text of the regulation clear, uncluttered and not overly long, the usage of gender-specific words will be defined by a special provision in the article laying down explanations (definitions) of terms or in the subsequent article.
(3) The provision regulating the content of paragraph 2 of this Article may read as follows: “Whenever gender-specific terms are used in this regulation, they should be understood as applying equally to men and women.”
CONTENT OF THE MAIN PART OF A REGULATION
The main part of a regulation
(1) The main part of the regulation contains provisions regulating the relations which are the subject matter to be regulated.
(2) The provisions in this part of the regulation regulate the largest part of the matter, which is arranged into an appropriate whole according to the subject matter of the regulation, or according to the nature of the regulation and the nature of the issue.
(3) As a rule, the arrangement referred to in paragraph 2 of this Article shall be done in the following order:
– substantive provisions (rights and obligations, bans, competences and powers, mutual relations among legal subjects of rights and legal subjects of obligations);
– procedural provisions (the manner and procedure of exercising rights and discharging obligations);
– organisational provisions (on the establishment of appropriate authorities and their competences and powers);
– provisions on control (review of legality, administrative oversight, inspection and specific inspection powers not regulated by a law regulating inspection); and
– other provisions relevant to and dependent on the nature of the relations to be regulated.
Content of the main part of a regulation
The main part of the regulation as defined in Article 14 paragraph 3 of these Rules may contain:
1. rights and obligations;
2. powers and competences, and
3. provisions on criminal or misdemeanour sanctions.
Rights and obligations
(1) The legal subjects, the main relations and their mutual relation are stated at the beginning of the main part.
(2) These provisions shall be clear, unambiguous and written before any provisions of procedural nature.
Powers and competences
(1) Regulating the power and competence to enact regulations of lower legal status, generally subsidiary legislation, implies the definition of a narrower scope of issues to be regulated by that subsidiary legislation and may be:
a) of technical nature, such as norms and standards, and the like;
b) of organizational nature, such as the content of a form, the content of an act, and the like; and
c) of procedural nature, for instance: the procedure and ways of keeping records, registers and the like.
(2) The power to enact a regulation of lower legal status (subsidiary legislation) is established as a rule in a separate, final paragraph of an article.
(3) If it is necessary to lay down such powers in several articles within one chapter or section, they can be regulated by a separate article referring to the articles regulating the relevant content.
(4) It is not permitted to confer powers by which a regulation of lower legal status (subsidiary legislation) would stipulate the conditions under which rights are to be exercised and obligations fulfilled, or would lay down the conditions for performing a particular activity, as these may only be prescribed by a law.
(5) It is not permitted to provide for the conferral of powers in the transitional and final provisions of the regulation, as these may only set the deadline or deadlines before which those regulations are to be adopted.
Provisions relating to sanctions
(1) When laying down criminal provisions, it should be borne in mind that criminal offenses and sanctions are prescribed by the criminal code and only exceptionally by another law, and when defining misdemeanours and misdemeanour sanctions, the general regulation governing misdemeanours should be respected.
(2) Provisions relating to sanctions shall clearly differentiate between criminal offenses and misdemeanours, as well as unequivocally determine the subject of liability and determine with particular accuracy the substance of a criminal offense and the acts that constitute a misdemeanour.
(3) A regulation does not necessarily contain provisions on sanctions, but if it regulates binding relationships, or if it establishes commands or prohibitions, then provisions on sanctions shall be mandatory in order to eliminate or reduce doubts about the consequences of violations of any such provisions of the regulation.
(4) Provisions relating to sanctions can be systematized in one or more articles, in such a way that criminal sanctions are laid down first, and that misdemeanours for which severe sanctions are imposed shall be systematized before those for which minor sanctions are prescribed and in the same order as the articles in the main part of the regulation to which the offense relates.
(5) When the subjects of liability are both legal and natural persons, as a rule the provisions on the criminal or misdemeanour liability of legal persons are systematized before the provisions on the liability of natural persons.
(6) When the criminal or misdemeanour liability of a legal person includes the criminal or misdemeanour liability of the responsible person in that legal person, the provisions on the criminal or misdemeanour liability of the responsible person, and the type and level of the sanction are systematized at the end of the article laying down the criminal or misdemeanour liability of and the sanction for the legal person.
CONTENT OF THE TRANSITIONAL AND FINAL PART OF A REGULATION
The final part of a regulation
(1) The final part of a regulation as a rule contains:
a) transitional provisions; and
b) final provisions.
(2) In the case of a regulation whose provisions are subdivided into parts, titles, sections, chapters, etc., the final part shall constitute a separate unit containing transitional and final provisions, or only final provisions if there are no transitional provisions.
(1) Transitional provisions generally establish the relationship between the new regulation and the regulation to be repealed when the new regulation comes into force, as regards its enforcement in cases, situations and relationships that occurred during the time when the previous regulation was in force.
(2) When the new regulation regulates in a different way the substantive relations and the procedure for exercising certain rights, or discharging obligations, the transitional provisions shall determine which regulation shall apply to complete the procedure initiated pursuant to the provisions of the previous regulation and not completed by the date of entry into force of the new regulation.
(3) When the provisions of the main part provide for a mandate for the enactment of subordinate legislation, the transitional provisions shall stipulate the deadline for the enactment of this legislation, whereby further application of the regulations adopted on the basis of the regulations to be repealed shall be defined, in order to avoid legal gaps.
(4) When the provisions of the main part of the new regulation establish new conditions for performing certain activities or tasks, the transitional provisions shall set a deadline before which existing entities must meet the new requirements or harmonize their activities, and if some of these issues are regulated by subordinate legislation, the prescribed deadline for the enactment of subordinate legislation should be borne in mind.
(5) When the new regulation establishes a new body or a specific legal person or prescribes the obligation to establish a particular body or a specific legal person, the transitional provisions shall include a time limit for:
a) the establishment of the body or the legal person;
b) the taking over of activities and tasks; and
c) the enactment of acts required to start work and operation, unless the regulation provides that some of these issues will be regulated by an instrument of constitution.
(6) When a new regulation in a particular field provides for the establishment of another body or other legal person instead of an existing one, the transitional provisions shall stipulate:
a) the time limit for the establishment of the new body or legal person;
b) the obligation and the time limit for taking over the rights, obligations, assets, employees, documentation, open files, archives etc.;
c) the dissolution of the body or the legal person that previously had the rights and obligations in the system which is no longer in force;
d) the time limit for completing all work or operations, closing the final accounts, calculating the balance, etc.; and
e) the time limit for the new entities to adopt basic instruments and for the application of those that have been in force until then to go out of force.
(7) When the main part of the new regulation regulates the issuing of new permits, licenses, authorisations, etc. of limited duration, the transitional provisions shall regulate the legal status of such acts that have been granted in accordance with the regulation to be repealed or amended, i.e. they shall regulate the question of whether these acts are valid until their expiration date or cease to be valid, as well as the conditions for their extension or for granting/obtaining new ones.
(1) Final provisions stipulate:
a) the termination of the validity of the previous regulation or regulations or of specific provisions governing the substance that is the subject matter of the regulation to be enacted;
b) the repeal of subordinate legislation if necessary;
c) the day and date of entry into force; and
d) publication in the official gazette.
(2) In cases referred to in paragraph 1, items a) and b) of this Article, it is necessary and of particular importance for legal security to accurately specify the regulation or the indication of the individual provisions to be repealed, while precisely stating the number of the official gazette in which they were published.
(3) When the repeal applies to multiple regulations, these are listed according to their legal status, that is to say, regulations of higher legal status are placed before regulations of lower legal status.
(4) When the repeal applies to multiple regulations of equal legal status, they are listed in chronological order: those that were enacted earlier in time are listed before those enacted later.
(5) It is not acceptable to provide, on the grounds that the regulation's implementation would otherwise be rendered difficult and that legal certainty would be jeopardized, that all the regulations or provisions of regulations in contravention with the regulation to be enacted are repealed, as this would leave it up to everyone to determine what is and what is not in contravention of the new regulation.
(6) The Constitution of the Republic of Croatia stipulates the obligation to publish laws in Narodne novine (Official Gazette of the Republic of Croatia) before their entry into force and provides that a law shall enter into force no earlier than the eighth day after the date of its publication in Narodne novine, or on a later date or time period specified.
(7) By way of derogation from paragraph 6 of this Article, a law's entry into force may be otherwise specified only by law and for exceptionally justified reasons, whereby it shall enter into force on the day when it is published in Narodne novine.
(8) Where necessary, certain provisions may enter into force after the date laid down in paragraphs 6 and 7 of this Article, but in such cases their entry into force must be explicitly defined by either a specified date or the occurrence of a particular event.
(9) The legal system of the Republic of Croatia follows the rule under which the date of entry into force of a regulation is at the same time the day of its application, and this applies also to the case provided for in paragraph 8 of this Article.
(10) The provision on the entry into force of a regulation shall be systematized at the end of the regulation, and no provisions shall be laid down after it.
(1) In spite of the constitutional principle prohibiting the retroactive effect of laws to ensure legal certainty, there is also a constitutional exception pursuant to which only certain provisions of a law may have retroactive effect.
(2) Establishing the retroactive effect of certain provisions of a law is limited to exceptional cases in which there are particularly justified reasons, that is, when the retroactive effect thereof achieves goals that in a particular case have greater social significance than legal certainty in that field.
(3) When final provisions are not explicitly delineated in a law, the retroactive effect of a particular provision may be stipulated by a separate provision whose retroactive effect is established.
THE FORM OF REGULATIONS
THE INTERNAL SUBDIVISION OF REGULATIONS
Forms of internal subdivision
(1) The internal subdivision of a regulation depends on the scope, content and complexity of the relationship being regulated and is formed into groups, wholes that are mutually harmonized, appropriate and logically related to ease of understanding, comprehension and transparency of the whole matter that is regulated by it.
(2) The internal subdivision of a regulation may include:
c) chapters; and
(3) Regardless of the whole, every regulation must contain articles, and at least two of them.
(1) A part includes a certain subset of a regulation and is the highest possible unit of classification in a regulation; a regulation can be subdivided into at least two parts.
(2) Each part is indicated by a sequential number that is written in block capitals, such as PART ONE of these Rules.
(3) A part can have a heading, and if a heading is given to one part, then headings must be given to all parts of the regulation.
(4) The heading of a part of a regulation is written below its indication, in block capitals.
(1) A subpart, which is a subdivision of a part of a regulation, covers a narrower field within that part, and, if the part is divided into subparts, then it must have at least two subparts.
(2) The subdivision of a part into subparts is not necessary if the regulation is not so extensive that it requires such subdivision.
(3) The word subpart is written in block capitals and numbered with a Roman numeral (e.g., SUBPART I), and it may have a heading that is written below its indication in block capitals.
(1) Each part or subpart can be subdivided into at least two chapters, each of which covers a smaller dependent (functional) or meaningful whole.
(2) The word chapter is written in block capitals followed by a designating Roman numeral (e.g., CHAPTER I); the heading of a chapter is written in block capitals, must be short and must correspond to its content.
(3) A chapter does not necessarily have a heading, but if one chapter has a heading, then all chapters should have one.
(1) A chapter may be divided into at least two sections.
(2) Provisions of the articles of a section regulate the smallest independent units of a regulation.
(3) The word section is written in block capitals and designated by an Arabic numeral or a letter (e.g., SECTION 1 or SECTION A).
THE FORMAL STRUCTURE OF REGULATIONS
(1) Depending on the scope, content and complexity of the relationship being regulated, the matter of a regulation is subdivided into wholes for which rules are established in accordance with these Rules.
(2) Regardless of the wholes into which the matter of regulation is subdivided, all regulations shall contain articles.
(3) Every regulation shall contain at least two articles.
(4) By way of derogation from the provision of paragraph 1 of this Article, a regulation does not have to be subdivided into parts, subparts, chapters, or sections, nor do articles have to have headings if the regulation has about twenty articles.
(1) An article contains one or more stipulations that form one logical whole.
(2) An article regulates all elements or aspects of a relationship, or issues such as rules, exceptions and powers.
(3) In accordance with paragraph 2 of this Article, drafting shall avoid regulating many different relationships, or questions, as well as oversized articles.
(4) An article is designated by the word Article, capitalized, followed by a sequentially designating Arabic numeral (e.g., Article 1).
(5) An article may have a short heading that refers to that article’s content.
(6) The heading of an article is placed above its numerical identifier.
The subdivision of an article
(1) An article can be subdivided as follows:
a) An article contains paragraphs;
b) A paragraph may be subdivided into subparagraphs or items;
c) A subparagraph may be subdivided into items;
d) Items may be subdivided into subitems.
(2) An article has at least one paragraph and may have more.
(3) The clearest and most appropriate way to understand the relationship regulated by an article is when the article contains three to four paragraphs.
(4) When an article has only one paragraph, that paragraph is unnumbered, but if there are two or more paragraphs, then each paragraph is numbered with an Arabic numeral which appears in brackets.
(5) The provision of an article or paragraph always ends with a full stop.
(6) The provision of an article, paragraph, subparagraph, item or subitem contains one sentence only.
(7) By way of derogation from paragraph 6 of this Article, the provision may have two or more sentences, but only when this is necessary in order for the provision to be comprehensible.
(1) As a rule, each sentence in an article is a new paragraph and begins on a new line.
(2) The content of the provisions of paragraphs in an article shall be logically linked.
(3) When there are content references in two or more paragraphs and the repeating of wording is required from one paragraph to another, the repetition is avoided by making reference to the appropriate paragraph, with a corresponding sequential reference number which does not appear in parentheses.
(1) A paragraph of an article can be subdivided into at least two subparagraphs or items.
(2) Each subparagraph is bulleted, and when it is necessary to regulate several conditions, reasons or different situations in correlation with the continuation or termination of rights, obligations or legal relationships, for the sake of the conciseness of the provision, after the introductory sentence, these conditions, reasons or situations shall be subdivided into subparagraphs.
(3) In the case referred to in paragraph 2 of this Article, if the conditions and reasons or situations are cumulatively legislated, at the end of the penultimate subparagraph, the coordinating conjunction and is inserted, while in the case of versions or alternate listings, at the end of the penultimate paragraph, the coordinating conjunction or is inserted.
(1) An item can be part of a paragraph or part of a subparagraph, and there must be at least two items.
(2) An item is numbered with an Arabic numeral followed by a full stop or with a lowercase letter of the alphabet without a full stop but followed by a closing parenthesis before the text of the provision.
(3) The provisions of Article 31 paragraph 3, and Article 32 paragraph 3 of these Rules shall apply to the items referred to in this Article.
(1) When one item regulates multiple situations, conditions, or reasons, and at least two, those parts of the item are subitems.
(2) Subitems shall be designated by either Arabic numerals or lower-case letters, which are different from the item indication.
(3) Rules from Article 31 paragraph 3 and Article 32 paragraph 3 of these Rules shall apply to the subitems referred to in this Article.
LEGISLATIVE DRAFTING LANGUAGE AND STYLE
LANGUAGE AND TERMINOLOGY IN REGULATIONS
(1) Pursuant to the Constitution of the Republic of Croatia, in the Republic of Croatia, the Croatian language and the Latin script are officially used; they are the language and script in which regulations are written, except in cases when the language and script of national minorities are prescribed by law.
(2) A regulation shall be drafted clearly, in plain language, with precise and clearly expressed intentions of the enacting bodies.
(3) The terminology used in regulations shall be:
c) precise; and
The use of foreign terms
(1) A foreign term may be used only if there are no Croatian words in the Croatian language for that would match the significance, meaning and content of the foreign term.
(2) When used in a regulation, foreign terms appear in brackets following the expression of the same meaning in the Croatian language.
(3) The provisions of paragraphs 1 and 2 of this Article shall apply to Latin expressions, as well.
(4) Jargon, as well as inadequate and unnecessary expert expressions, are not allowed, and if their use is inevitable, they should be defined in the provision defining the meaning of the terms in the introductory or basic provisions.
(1) Clear terminology is used in regulations with as little deviation as possible from the common meaning as regards legal and professional meaning.
(2) The use of ambiguous terminology shall be avoided, and if that is not possible, the meaning should be defined in the provision defining the meaning of the terms in the introductory or basic provisions.
(1) Throughout the text of a regulation, terminology use must be consistent, taking into account regulations in force.
(2) A term which has been defined should be used with the same meaning throughout the regulation.
(1) A regulation should be written using precisely defined or at least definable terminology whose legal consequences are unambiguous.
(2) When drafting legislation, it is necessary to avoid as much as possible the usage of common but imprecise qualifiers, such as: immediately, without delay, timely, as a rule and the like.
(1) The use of words (terminology, expressions, concepts, etc.) should be uniform, with already generally accepted legal meaning, which means that the use of synonyms to convey the same idea should be avoided.
(2) In a regulation, each word must be used for a reason; otherwise, for no justified reason, the regulation becomes overly long, and the possibility of error increases.
DRAFTING STYLE AND ORTHOGRAPHY IN REGULATIONS
Drafting style is conditioned by legislative drafting rules and the spelling, grammar and semantics of the official language.
(1) Punctuation shall be used in accordance with orthographic rules in order to avoid the misinterpretation of a provision.
(2) When subdividing an article or paragraph into subparagraphs, items or subitems, the text of a subparagraph, item or subitem shall not end with a comma or a semicolon.
(3) In the case referred to in paragraph 2 of this Article, at the end of the penultimate subparagraph, item or subitem, a comma or semicolon shall not be used before the coordinating conjunction and, and the same rule shall be applied when the coordinating conjunction or is used.
(4) When it is necessary to regulate a certain rule which shall be applied both cumulatively and alternatively, the combination and/or may be used exceptionally.
(5) Numbers ranging from one to ten shall be written as words while larger numbers shall be written as numerals.
(6) By way of derogation from the provision of paragraph 5 of this Article, the rule shall not apply for the writing of dates (in which no initial zero shall be written in numbers smaller than 10), money amounts, percentages, units of measure, and the like, nor for tables of figures and tariffs.
(7) Regarding the writing of the date, it should be noted that in regulations the month is not numbered with either a Roman or Arabic numeral, but that it is always written as the name of the month, and that the year is written using four digits, with the exception of writing the year of publication of the official gazette, when only the last two digits are used.
(8) When expressing cause, the preposition because of shall be used; when expressing purpose, preposition in order to shall be used.
(9) When using the conjunction or, it is necessary to take into consideration previous citing of subjects and actions, because its meaning can be both cumulative and alternative, regardless of the fact that it relates to every subject or action.
(1) Reference to parts of the same regulation is done by citation as follows: when the provision of an article of the same regulation is cited, the construction "from Article x of this Regulation" is used, and if a provision from the same article is cited, the construction "from paragraph x of this Article” is used.
(2) Using terms such as previous, next, following, etc., for the purpose of citation is not acceptable.
(3) It is not acceptable to refer to a provision which itself refers to another provision.
(4) By way of derogation, it is allowed to refer to a subsequent provision of the same regulation.
(5) A provision referring to another regulation shall cite the full title of that regulation, name and number of the official gazette in which that regulation has been published, and, where reference is made to particular provisions of that regulation, then it is necessary to cite the articles and their parts in which those provisions are contained.
(6) If reference is made to a regulation that has been amended in the meantime, if an authoritative interpretation has been provided, if a Constitutional Court Decision has been ruled, or if a consolidated text of that regulation has been established and published, then it is necessary to cite this as well, with the full name and number of the official gazette in which it was published.
(7) By way of derogation from the provisions of paragraphs 5 and 6 of this Article, in order to avoid inaccuracies or insufficient citation when referring to another regulation, a citation may use a generalized name for a particular type of regulation in the area governed by that regulation, using wording such as "the law governing criminal proceeding".
(1) As a rule, abbreviations should be avoided in legislative drafting, even when words such as article, paragraph, subparagraph or item are used, as well as abbreviations in which the initial letters to represent a word are followed by a full stop.
(2) By way of derogation from the provision of paragraph 1 of this Article, abbreviations which are used consistently in legislative drafting with generally accepted meaning, such as etc. and et. al., may be used.
GRAMMAR IN REGULATIONS
(1) Legislative drafting uses nouns in masculine gender, only exceptionally in feminine gender and, if required by the very content, in neuter gender as well.
(2) Within the meaning of paragraph 1 of this Article, the applicability of Article 13 of these Rules is important when defining the meaning of gender-specific terms.
The use of the singular
(1) The singular is the correct form to use when drafting legislation, unless the context requires otherwise, that is, when the use of a plural form is inevitable.
(2) Alternative determination of singular and plural forms – such as the form candidate(s) – is not acceptable.
The use of verbs
When drafting legislation, verbs are as a rule used in the present tense and in the active mood.
MODIFICATIONS AND SUPPLEMENTATIONS (AMENDMENTS) TO REGULATIONS
MODIFICATIONS AND SUPPLEMENTATIONS (AMENDMENTS)
When to amend a regulation
(1) Amendments of a regulation shall be made only by a regulation with the same legal value and subject to the same procedure as the one by which that regulation was enacted.
(2) Amendments shall be made when the regulation:
a) is no longer consistent with changes in the legal system
b) is no longer consistent with changes in policies implemented in specific areas of social life
c) does not meet actual needs, or
d) must be amended on other justified grounds.
(3) When more than a half of the articles of the underlying regulation are to be modified or supplemented, a new regulation shall be enacted.
(4) If a regulation has been amended several times, a new regulation shall be enacted, usually after the third amendment.
How to amend a regulation
(1) Amendments to a specific regulation cannot be used to amend another regulation.
(2) By way of derogation from the provision of paragraph 1 of this Article, a regulation of higher legal value may repeal another regulation of lower legal value from the same administrative area.
The title of an amending regulation
(1) In the title of an amending regulation, reference shall be made to the full title of the regulation amended (modified or supplemented).
(2) The title of an amendment to a regulation must correspond to its content, according to the following guidelines:
a) When only one modification or only one supplementation is made, the amending regulation shall include in its title the wording “on a modification to” or “on a supplementation to”;
b) When one modification and one supplementation are made, the amending regulation shall include in its title the wording “on a modification and a supplementation to”;
c) When one modification and multiple supplementations are made, the regulation shall include in its title the wording “on a modification and supplementations to”;
d) When multiple modifications and one supplementation are made, the regulation shall include in its title the wording “on modifications and a supplementation to”; and
e) When multiple modifications and multiple supplementations are made, the regulation shall include in its title the wording “on modifications and supplementations to”.
Reference to the underlying regulation
(1) When a regulation has not been amended (modified or supplemented) before, Article 1 of the amending regulation shall include the full title of the regulation which is being amended (modified or supplemented), the name and number of the official gazette in which the underlying text was published, and specify the number and content of the first article to be amended (modified or supplemented), while the remaining articles shall follow the order of the articles of the underlying text.
(2) Article 1 of the amending regulation may also include a provision on the amendment to the title of the underlying regulation.
(3) When a regulation has been amended (modified or supplemented) before, in addition to the content laid down in paragraph 1 of this Article, the numbers of the official gazette in which the earlier amendments (modifications and supplementations) were published shall be indicated as well, including:
a) the authoritative interpretation of individual provisions
b) the decision of the Constitutional Court on the basis of which one or more provisions of that regulation have been repealed or annulled
c) the consolidated text, if established and issued and
d) the corrigendum, if any, since an error in terms of an omitted letter or redundant comma may essentially imply a change in the meaning of the provision.
(4) When the underlying text of a regulation is amended, the wording “of this Regulation” shall be included. The same shall apply in the case of a modification or supplementation of an already modified or supplemented regulation.
(5) When an individual provision of modifications or supplementations to a regulation refers to a specific provision of that regulation on modifications or supplementations, the reference shall include the wording “of this Regulation”.
The form of the modifications and deletion of provisions in a regulation
(1) Modification of a regulation can be made by a formulation referring to a specific article, regardless of the number and forms of the parts thereof.
(2) Pursuant to the provision of paragraph 1 of this Article, it is possible:
a) if the entire article is modified, to indicate: “Article x is modified so as to read:”
b) if one paragraph (or several paragraphs) is/are modified, to indicate: “In Article x, paragraph y is modified so as to read:” and
c) if one or more words within an article or paragraph are modified, to indicate: “In Article x paragraph y the words: “a, b, c” are replaced by the words: “c, d, f”.
(3) If a provision (an article or a part thereof) is to be deleted, the modification may be indicated by writing the following:
a) “Article x is deleted” if an article is deleted
b) “in Article x, paragraph y is deleted” if one paragraph is deleted and
c) “in Article x paragraph y, the words: “a, b and c” are deleted”, if only individual words, groups of words or sentences are deleted.
(4) The different forms of indicating possible modifications and deletions from paragraphs 2 and 3 of this Article shall equally apply to other types of provisions or parts thereof, such as subparagraph, item and subitem.
The form of supplementations to parts of a regulation
(1) A regulation may be supplemented by adding a part of the regulation, for instance by adding an entire part, title, chapter or section.
(2) In the case referred to in paragraph 1 of this Article, the supplemented part shall be marked with the same number as the previous part of the same kind, to which the next letter in alphabetic order shall be added, for instance: “After Chapter III, Chapter III.a shall be added with Articles 86.a to 86.k and headings above them (if any):”.
The form of supplementations to articles
(1) When a supplementation is made by adding an article or several articles, this shall be indicated in the introductory sentence, after which the text of that article or articles shall be added, indicating above the text of each supplemented article the word “Article” with the appropriate number and letter as well as its heading above that, if any.
(2) In the case referred to in the provision of paragraph 1 of this Article, each added article shall be given the same number as the article after which they are inserted plus a letter of the alphabet, in alphabetical order; for instance, if two articles are to be added after Article 6, the following shall be written: “After Article 6, Articles 6.a and 6.b are added with headings (if any) placed above their text, reading as follows:”.
(3) In the example referred to in paragraph 2 of this Article, the added articles shall be written in such a manner that, in front of the indication of the first of these articles, opening quotation marks are placed, and at the end of the second (i.e., last) one, closing quotation marks are placed.
(4) It is required to add a letter to the numerical identifier of an added article, because in this way the existing numeration of articles of the underlying provision is maintained in the amended (modified or supplemented) regulation.
The form of a supplementation to a part of an article
(1) When, within an article after an existing last paragraph, another paragraph or several paragraphs are added, this shall be indicated as follows: “After paragraph x, paragraph y is added, reading as follows:”, with the text of the paragraph in question put between quotation marks.
(2) When, in the case referred to in paragraph 1 of this Article, a paragraph is added between existing paragraphs, it shall be indicated as follows: “After paragraph x, a new paragraph y is added, reading as follows:”, after which the following paragraph shall read as follows: “The former Article y becomes Article z”, i.e. the subsequent paragraph or paragraphs shall be renumbered. The same rule applies in the case of the deletion of any of the paragraphs before the last one.
(3) When, in the case referred to in the provision of paragraph 2 of this Article, paragraphs are to be modified, supplemented or deleted, this shall be indicated as follows: “In the previous paragraph y, which becomes paragraph z, in subparagraph 3 the word “b” is added after the word “a”.
(4) The rules laid down in this Article shall apply equally in cases when subparagraphs, items and subitems are added.
Uniform rules applying to modifications, supplementations and deletions of provisions or parts thereof
(1) When provisions are supplemented, it shall be written that the intended supplementation is added after a specific provision (article, paragraph, subparagraph, item or subitem).
(2) When a word is modified within a provision, it shall be written that a specific word is “replaced” by another word. It is not correct to write that, instead of a specific word, another word is “placed”.
(3) When the same words in two or more provisions of the underlying regulation are modified, supplemented or deleted, such modifications may be included in one provision in a case when the modifications all refer to the same chapter.
(4) One article of the amending regulation shall apply to one article of the underlying regulation.
(5) By way of derogation from the provision of paragraph 4 of this Article, several articles of the underlying regulation may be deleted if they are:
a) two or three articles in continuous sequence, which shall be indicated as follows: “Articles 1, 2 and 3 are deleted”
b) more than three articles in continuous sequence, which shall be indicated as follows: “Articles 3 to 10 are deleted”
c) more than three articles in discontinued sequence, which shall be indicated as follows: “Articles 3, 5, 6 and 9 are deleted”
d) a combination of continuous and discontinued sequence of articles, which shall be indicated as follows: “Articles 3 to 8 and Article 11 are deleted” and
e) a combination of articles and parts thereof in the case referred to in item d), which shall be indicated as follows: “Article 2 paragraph 2, Article 4 paragraph 1 subparagraph 3 and Article 6 paragraph 3 subparagraph 2 item 5 are deleted”.
(6) The rule laid down in the provision of paragraph 5 of this Article shall apply when articles of the same chapter are deleted. In such a way it is possible to amend or supplement articles which by order are located between the provisions to be deleted.
Transitional and final provisions of an amending regulation
(1) Transitional and final provisions of an amending regulation shall be integrated to form a separate chapter or section.
(2) In transitional provisions of an amending regulation, there may be a stipulation of an obligation to harmonize regulations of lower legal status which have been enacted on the basis of that regulation, while laying down a mandatory deadline for harmonization and the consequences of failing to perform such harmonization.
(3) When the amending regulation lays down the obligation of adopting a regulation of lower legal status, it is required to stipulate in the transitional provisions a deadline before which the authorized person or authority shall adopt that act.
MOTIONS FOR AMENDMENTS TO THE FINAL PROPOSAL
The tabling of motions for amendment
(1) A motion for amendment is an act proposing the modification, supplementation or deletion of a specific provision of a regulation or part thereof in the text of the final proposal of the regulation.
(2) A motion for amendment may be submitted only by the holders of the right to table proposals of regulations, in the Croatian legal system these being each individual Member of the Croatian Parliament, a group of Members of Parliament or political group of Members of Parliament, a working body of the Croatian Parliament and the Government of the Republic of Croatia.
(3) A motion for amendment may be submitted by the proponent of the final proposal of a regulation, and in that case, if submitted by the end of the debate on the final proposal of the regulation, it shall become an integral part of the final proposal, to which the other proponents may table motions for amendments.
(4) A motion for amendment shall be submitted in written form with an explanatory statement, starting from the time the regulation is included in the agenda for debate until the closing of the debate on the regulation to whose provisions the motion is tabled.
(5) The provision of paragraph 2 of this Article shall apply mutatis mutandis to other regulations enacted by other representative bodies of authorized entities.
(6) By way of derogation from the provision of paragraph 3 of this Article, if so decided by the representative body enacting the regulation, a longer term may be laid down for the submission of motions for amendments at the proposal of a member of the representative body or when requested by the proponent of the regulation.
The scope of motions for amendment
(1) One motion for amendment may cover all modifications, supplementations and deletions of a specific provision or a part thereof contained in one article, and it may also be submitted with respect to the title of the regulation.
(2) One submission may include several motions for amendments relating to more than one article.
(3) It is not acceptable to submit a motion for amendment to a motion for amendment, except in the case referred to in Article 58 paragraph 3 of these Rules.
The form of a motion for amendment
(1) Any provisions laid down in these Rules relating to the drafting of modifications and supplementations of regulations shall apply to the form of a motion for amendment.
(2) When multiple motions for amendment are submitted, they shall be numbered with Arabic or Roman numerals and submitted in the order of the articles to which they refer.
(3) In the submission of a motion for amendment, the introductory part shall include the full title and reference of the final proposal of the regulation as well as the legal basis of the submitting person’s entitlement to submit motions for amendments.
CORRIGENDUM TO A REGULATION
What can be corrected
(1) A corrigendum to a regulation is the correction of errors or elimination of differences between the signed (proclaimed) and the published text of a regulation.
(2) A corrigendum cannot be used to correct an error that is manifest in the underlying regulation.
(3) The text of a regulation may be corrected only after it has been published in the official gazette. The correcting regulation shall be published in the same official gazette.
How a correction is made and by whom
(1) The enacting authority makes the correction in one of the issues of the official gazette following the publication of the regulation.
(2) In accordance with its decision or Rules of Procedure, the enacting authority shall nominate a person or service which will make the correction on its behalf.
(3) The corrigendum shall include both the erroneous and the corrected text of the regulation, the place and date on which the correction was made, as well as the name of the person authorized to make and publish the corrigendum.
THE CONSOLIDATED TEXT OF A REGULATION
The consolidated text of a regulation
(1) The consolidated text of a regulation is the totality of valid provisions of a regulation which has been modified and supplemented or modified or supplemented on multiple occasions.
(2) The consolidated text of a regulation is not a regulation; it cannot come into force or be repealed. It cannot be modified and supplemented or modified or supplemented.
(3) The consolidated text of a regulation is the authentic source of the content of a regulation and represents a technical tool for the consideration of a specific stipulated matter at one place.
(4) The consolidated text of a regulation is normally established after several extensive modifications and supplementations to a regulation have been made, i.e. after a specific number of modifications and supplementations, when such regulations have been modified or supplemented at least three times.
The content of a consolidated text of a regulation
(1) A consolidated text of a regulation must have:
a) an introductory part
b) the name of the regulation with the indication “consolidated text” written in parentheses below the title
c) the text of the regulation and
d) transitional and final provisions of any law covered, with the indication of the law of which they are part, the issue of Narodne novine in which that law has been published and the date of entry into force of such law, all this in a separate (last) title or chapter.
(2) The introductory part of a consolidated regulation shall include:
a) the legal basis for establishing the consolidated text of that regulation
b) the name of the authority establishing the consolidated text
c) the name of the regulation along with the name and issue numbers of the official gazette in which the underlying text and all its modifications and supplementations have been published, as well as the date each of them came into force, including decisions of the Constitutional Court, the authoritative interpretation and corrigenda
d) the number of the meeting of the authorized body and the date on which the consolidated text was established and
e) the class, reference number and signature of the authorized person.
Method of establishing the consolidated text
(1) The established consolidated text of a regulation shall have the same structure and content as the regulation as well as the same names of all parts of the regulation.
(2) In the consolidated text of a regulation, terms cannot be changed, errors cannot be corrected which have not been corrected in a corrigendum and the subdivision of units, articles or parts thereof is not allowed.
(3) In accordance with the provisions of paragraphs 1 and 2 of this Article, the provisions of a regulation in a consolidated text shall be systemized in the order established by their enactment by the enacting body.
(4) In accordance with the provision of paragraph 3 of this Article, the numerical identifiers of the articles must not be changed.
The form of establishing the consolidated text of a regulation
(1) In the consolidated text, the full title and issue number of the official gazette in which a modification or supplementation to the regulation was published and the date of its coming into force shall be indicated below each article that has been modified or supplemented.
(2) In the event that a single article has been modified or supplemented two or more times, the information referred to in paragraph 1 of this Article shall be indicated in chronological order of enactment.
(3) When a modification consists of the deletion of a specific article, its numerical identifier shall be retained in the consolidated text and it shall be indicated that the article has been deleted in accordance with paragraph 1 of this Article.
(4) When parts of an article (paragraph, subparagraph, item, subitem) are deleted, in the consolidated text its numerical or other identifier shall be indicated as well as text stating that the provision has been deleted; if it is stipulated that the next provision shall take its place, this shall be indicated with the wording: “paragraph x has been deleted, paragraph y has become paragraph x”.
(5) The provision of paragraph 4 of this Article must not be applied to articles, as this might entirely change the structure and systematic organization of a regulation and essentially complicate the application of the regulation.
AUTHORITATIVE INTERPRETATION OF SPECIFIC LEGISLATIVE PROVISIONS
(1) Authoritative interpretation of specific legislative provisions, when providing authoritative interpretation is stipulated in the legal system of the Republic of Croatia, shall or shall not be provided by the enacting authority.
(2) An authoritative interpretation has the same legal value as the regulation which contains the provision for which authoritative interpretation is provided.
(3) An authoritative interpretation has legal force as of the date of coming into force of the regulation to which it refers.
(4) An authoritative interpretation must be unambiguous, concise and explicit and is usually contained in one sentence which resolves an ambiguity or different interpretations in practice.
An explanation and interpretation of these Rules shall be provided by the Legislation Committee of the Croatian Parliament.
These Rules shall be published in the official gazette of the Republic of Croatia, Narodne novine, and shall enter into force on 1 September 2015.