Legislation

The Chamber of Deputies of the Croatian State Assembly

1128

On the basis Article 89 of the Constitution of Republic of Croatia, I have decided to adopt

An Order

Proclaiming the Law on the Use of the Language and Script in the Republic of Croatia

Number: 01-081-00-1513/2

Zagreb, May 16, 2000

President

Of the Republic of Croatia

Stjepan Mesic,

I. BASIC PROVISIONS

Article 1

Under this Law, conditions for the use of the standard language and script of national minorities are modified to secure equality with the Croatian language and Latin script.

Article 2

This Law does not change or abolish the rights of members of national minorities acquired on the basis of international treaties to which the Republic of Croatia is a signatory.

Article 3

The provisions of this Law do not apply to proceedings held before the central authorities of the State Administration, the Commercial Court, the Court of Justice ("Upravni sud"), High Court for Offences ("Vysoki prekršajni sud"), the Supreme Court of the Republic of Croatia nor before the Constitutional Court of the Republic of Croatia and other central authorities of state power, unless determined otherwise in the Law.¹

The provisions of this Law do not apply to official and public records for international use, unless determined otherwise in the Law.

II. CONDITIONS FOR THE EQUALITY IN OFFICIAL USE OF THE LANGUAGE AND SCRIPT OF NATIONAL MINORITIES

Article 4

1) Equality in use of the language and script of national minorities in public administration shall conform to the provisions of the Constitutional Law on Human Rights and Freedoms and to the rights of National and Ethnic Communities or Minorities in the Republic of Croatia, to the provisions of the respective Conventions of the Council of Europe for the protection of national minorities and to this Law under the following conditions:

1. Where the members of particular national minorities in the Municipalities represent the majority, in conformity with the Constitutional Law on Human Rights and Freedoms and the rights of National and Ethnic Communities or Minorities in the Republic of Croatia, the respective conventions of the Council of Europe for the protection of national minorities and with this Law;

2. Where implementing international treaties, where Croatia is involved;

3. Where dealing with Municipalities established by Statute in conformity the Constitutional Law on Human Rights and Freedoms and the rights of National and Ethnic Communities or Minorities in the Republic of Croatia, the respective conventions of the Council of Europe for the protection of national minorities, and with this Law,

4. Where there is a Statute on the activities of administrative bodies in an autonomous province prescribed by District,² in which in the particular Municipalities the language and script of a national minority is equally used in administration.

2) For the establishment of equality in the use of the language and script of a national minority in administration according to the paragraph 1 part 1 of this Article, the data acquired from the last census take precedence in the resolution of these issues by the Municipal Statute.

Article 5

1) Equality in the use of the language and script of a national minority in public administration shall be established in the demesne of a Municipality or District as follows:

1. In the activities of the Representative and Executive bodies of the Municipality or District;

2. In any proceedings before the authorities of the Municipality or District

3. In any proceedings before the authorities of the State Administration First Grade, before the Central Authorities of the State Administration acting in the First Grade, before First Grade Courts, before the State legal representatives and State public prosecutor's office First Grade, before notaries public and legal deputies who have public authority and are allowed to act in the demesne of the Municipality equally using the language and script of a national minority

2) The authorities mentioned in paragraph 1 of this Article shall allow the use of private legal documents issued in the territory of Croatia where they are made out in the language and script of a national minority and shall approve their reliability.

Article 6

1) Equality in the official use of the language and script of a national minority shall be introduced according to the regulations over the whole territory of the Municipality.

2) By reference to paragraph 1 of this Article equality in the official use of the language and script of national minority exceptionally can be introduced only to parts of the territory of a Municipality, even where this is to a lesser extent than determined by this Law, if the Statute so ruled a priori. However, the Law on the use of a mother tongue in dealings with the authorities described in Article 5 part 3 of this Law, being the right to acquire public documents in the language and script of a national minority, may not be excluded.

Article 7

Municipalities, Districts and the State Authorities from Article 5 part 3 of this Law shall refer to the all sources of the Regulations, Acts and documents in the Croatian language and in Latin script.

A/ Equality in the official use of the language and script of a national minority in the representative and executive bodies and in the proceedings before authorities of a Municipality or DistrictArticle 8

1) In a Municipality or District where the language and script of a national minority has equality in use in administration, the proceedings of the authorities in the Municipalities and Districts shall be held in the Croatian language and in Latin script and also in the language of the national minority that has equality in use in official dealings with those authorities.

2) The Municipalities and Districts referred to in paragraph 1 of this Article shall provide bilingual or multilingual:

1. Texts of stamps and emblems in the same size script;

2. Signs in the same size script with the names of the representative and executive bodies of the Municipality or District, or of the legal deputies who have public competence;

3. Blank forms and documents in the same size script

3) The Board, the member of an authority or the citizen of the Municipalities and Districts referred to in paragraph 1 of this Article have the right to bilingual or multilingual

1. Material for Municipality or District Assembly and Municipality and District Administration

2. Minutes and final records

3. Publication of official announcements and summonses of the Representative, Executive and Administrative bodies of the Municipalities or Districts as for the material determined for the meetings of the representative and executive bodies

Article 9

Municipalities and Districts where equality in the use of the language and script of a national minority is guaranteed shall provide bilingual or multilingual:

Issues of public documents;

Printed forms for official purposes

Article 10

1) In the Municipalities and Districts where the language and script of a national minority has equality in use, bilingualism and multilingualism in the same size script is guaranteed for:

1. Written road signs and other written traffic signs;

2. Street names;

3. Place names

2) The Statute of the Municipality or District where the language and script of a national minority has equality in use in administration shall stipulate whether the rights from paragraph 1 of this Article shall be implemented over the whole territory or only in the particular places having traditional names of places or localities.

3) The Statute of the Municipality or District can stipulate that, on the territory where the language and script of a national minority is in official use, legal and physical persons who conduct public activities can fill in the names either bilingually or multilingually.

Article 11

Members of national minorities who have equality in the use of language and script have the same rights both in First and Second Grade dealings before the authorities of the Municipalities and Districts and in First Grade dealings before authorities of the State Administration.

B/ Equality in the official use of the language and script of a national minority in dealings before State Bodies of the First Grade and legal persons who have official competence

Article 12

1) Authorities of the State Administration of the First Grade, the Central Authorities of the State Administration acting in the First Grade, the Courts of First Grade, the Public Legal Prosecutor's Office and the State Public Prosecutor's Office of the First Grade, notaries public and legal deputies who have public authority are allowed to act on the territories on which the Croatian language and Latin script and the language and script of a national minority have equality in use. The authorities above must inform a client living on the territory of a Municipality where the language and script of a national minority has equality of use in dealings with them of his/her rights to use the language and script of a national minority in the proceedings and must put down in writing which language and script the client shall decide to use.

2) Where the proceedings omit registration the decision of the client on the language he will use or on his request to issue bilingual documentation shall be recorded as an Official Note.

Article 13

1) In the Municipalities and Districts where the language and script of a national minority is in official use in administration, the client shall be issued documents in the Croatian language and in the language and script of the said national minority.

2) The language and script used by the client at the beginning of the proceedings is understood to be that the client will use throughout the proceedings.

Article 14

1) Where the client decides to use the language and script of a national minority in official use in administration, the authority conducting the proceeding is obliged, in conformity with the regulations of the proceedings, to arrange that the client can participate in that language and script.

2) Documents shall be delivered to the client both in the Croatian language and Latin script and in the language and script opted to be used by the client in the proceedings.

Article 15

1) Where the participants in the proceedings have agreed to use two or more languages and scripts that have equality in use in administration, the proceeding shall be held in the Croatian language and Latin script and in the languages and scripts agreed by the participants.

2) Where the consensus described in paragraph 1 of this Article is not reached the language and script of the national minority used by the majority of the participants in the proceedings shall be used and an interpreter shall be arranged for the rest of the participants. Where even as given above the use of the language and script of a national minority cannot be ensured, the proceeding shall be held in the Croatian language and Latin script and an interpreter shall be arranged.

3) The consensus of the participants on whichever language and script besides the Croatian language and Latin script is to be used in the records or official notes shall be in writing.

Article 16

1) The Authorities of the State Administration of the First Grade, the Central Authorities of the State Administration acting in the First Grade, the Courts of First Grade, the Public Legal Prosecutor's Office and State Public Prosecutor's Office of the First Grade, notary public and legal deputies who have public authority shall deliver documents to clients participating in the proceeding in the Croatian language and Latin script and in the language and script of the national minority with equality of use in administration and used by the client in the proceeding.

2) The client or other parties to the proceeding may choose to deliver their data in the Croatian language or in the language and script with equality of use in administration.

Article 17

The Authorities of the State Administration of the First Grade, the Central Authorities of the State Administration acting in the First Grade, the Courts of First Grade, the Public Legal Prosecutor's Office and State Public Prosecutor's Office of the First Grade, notary public and legal deputies who have public authority shall deliver letters, data and Articles of the other Acts of the proceeding of the Second Grade in the Croatian language and Latin script and also in the language and script of the national minority used in the proceedings of the First Grade.

Article 18

1) The Authorities of the State Administration of the First Grade, the Central Authorities of the State Administration acting in the First Grade, the Courts of First Grade, Public Legal Prosecutor's Office and State Public Prosecutor's Office of the First Grade, notary public and legal deputies who have public authority and who have their offices and subsidiaries in the Municipalities and Districts where the language of a national minority besides the Croatian language and Latin script is used in administration:

1. Shall issue public documents and

2. Shall print forms for official purposes

in the Croatian language and Latin script, bilingually or multilingually.

2) The Authorities of the State Administration of the First Grade, the Central Authorities of the State Administration acting in the First Grade, the Courts of First Grade, Public Legal Prosecutor's Office and State Public Prosecutor's Office of the First Grade, notary public and legal deputies who have public authority and who have their offices and subsidiaries in the Municipalities and Districts where the language of a national minority besides the Croatian language and Latin script is used in administration shall issue:

1. The texts of stamps and emblems in the same size script

2. Name boards

3. Forms and documents in the same size script

in the Croatian language and Latin script, bilingually or multilingually.

Article 19

Authorities conducting the proceedings of the second grade shall do so in the Croatian language and Latin script except, as empowered by this Article, where a client who used the language and script of a national minority with equality in administration in the proceedings of the first grade is before them, the proceedings shall be held in the same way as were the proceedings of the first grade.

Article 20

Legal deputies who have public authority to act for members of national minorities in their mutual relationship may use only the language and script of the national minority.

III. CONDUCTING THE LAW

Article 21

1) The Authorities of the State Administration of the First Grade, the Central Authorities of the State Administration acting in the First Grade, the Courts of First Grade, Public Legal Prosecutor's Office and State Public Prosecutor's Office of the First Grade, notary public and legal deputies who have public authority and who have their offices and subsidiaries in the Municipalities and Districts where mother tongue and script has equality of use in administration, shall ensure the necessary number of civil servants able to conduct the proceedings and to carry out tasks in the language and script of a national minority with equality of use in the administration.

2) The Authorities given in the first paragraph of this Article are obliged to record separately the number of actions conducted in the language and script of a national minority in their reports.

Article 22

The finances to enable the conduct of this Law and its regulations resulting shall be provided by the State Budget of the Republic of Croatia from May 1, 2001.

Article 23

1) The Central Authorities of the State Administration shall control the conduct of this Law, which determines the organization of the State Administration and Local Self-Government.

2) Where the representative and executive bodies of those Municipalities and Districts that initiate the use of the language and script of a national minority in administration act in contravention of the provisions of this Law, the highest representative of the authority stipulated in the first paragraph of this Article shall require of the representative authority that they analyze the conditions and ensure the legal proceeding of the administrative authorities.

Article 24

Where the Municipality or District do not determine by Statute the use of the language and script of national minorities according to the provisions of this Law and where they continue to act in contravention of the provisions of this Law, the highest representative of the Central Authority of the State Administration, as per Article 23 of this Law, shall suspend the Statute or its particular provisions, shall decree immediate application of the Law and shall submit proposals to the Government of the Republic of Croatia to begin proceedings to revise the Statute or other general act of the Municipality or District to constitutional and legal conformity.

Article 25

Failure to grant equality of use in administration to the language and script of a national minority in the Municipality or District where the Statute introduces it is considered to be a serious violation, which, where its use is in contravention of the provisions of this Law, will result in proceedings before the authorities to mandate the use of the language and script of the national minority.

IV. TEMPORARY AND FINAL PROVISIONS

Article 26

1) The representative of the Central Authorities of the State Administration who is entitled to supervise the use this Law can accept more detailed regulations on keeping in accordance with the Law made by the State Authorities, the Municipal and District Authorities and by the legal deputies who have public authority.

2) The provisions of any other regulations that attach to this Law shall be coordinated with the provisions of this Law at least 6 months from the day this Law comes into force.

Article 27

The provisions of Article 4, paragraph 1, part 1 and paragraph 2 of this Law shall not be ratified until after the publication the official results of the first census held after the adoption of this Law and instead Article 4, paragraph 1, part 2 and part 3 of this Law shall be used in the Municipalities and Districts.

Article 28

Municipalities and Districts shall coordinate their Statutes with the provisions of this Law within 6 months from the day this Law comes into force in order to inform the Central Authority of the State Administration entitled to supervise the use this Law without delay.

Article 29

This Law repeals the Decree on the method and the conditions for use of the language and script of national minorities in all public proceedings conducted before authorities and organizations ("Narodne novine" No 5/81), from the day it comes into force.

Article 30

This Law comes into force on the eighth day following publication in "Narodne novine".

Note: This is the unofficial English translation. The original text can be found on the website "Narodne Novine" http://www.nn.hr/.

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