The revised Action Plan associated with the Judicial System Reform Strategy, which was adopted by the Government of the Republic of Croatia at its session on June 25, 2008, is an instrument that provides additional momentum to the process of judicial system reform and resolution of the main issues burdening the judicial system of the Republic of Croatia.
Land Registry Reform
Land registry reform, which is carried out within the Project of Establishing Order in the Land Registry and Cadastre, is in its final phase, with the deadline for its completion being extended to December 15, 2009. The average time needed for entry of ownership rights in the land registry reached 73 days, or 6 days for mortgages, which made real estate transactions in the Republic of Croatia easier. It is possible to access land registry and cadastral data over the Internet, which makes it easier for citizens and entrepreneurs to access information. The Act on Amendments to the Act on the Land Registry was adopted on October 3, 2007.
Modernisation and More Efficient Operation of Courts
Aiming at reducing the duration of court proceedings, the Republic of Croatia set out to amend a number of its procedural laws. The Act on Amendments to the Execution Act (OG 67/08) was adopted in May 2008, while the Act on Amendments to the Enforcement Act (OG 84/08) was adopted in July 2008. In May 2008, the Municipal Court in Karlovac and Commercial Courts in Varaždin, Osijek, Bjelovar, Rijeka and Pazin started practicing mediation proceedings.
Informatisation of the Judiciary
By the end of 2008 the Integrated Court Case Management System (ICMS) was introduced at 9 courts. The State Attorney’s Office of the Republic of Croatia launched the project of the Case Tracking System (CTS) which represents the first phase and lays down the foundations for the ICMS of the State Attorney’s Office. The system will be built on the same foundations, information platforms and tools as the ICMS and will later be functionally integrated with the ICMS. It is expected to be tested at the beginning of 2009. The court registry is prepared for on-line registration of companies. In addition to the commercial court, the registration process can now be carried out at HITRO.HR offices at FINA or at offices of public notaries. At this moment, the registration process also lies within the competence of the Commercial Court in Varaždin, Osijek, Zadar and Split, and by the end of 2009, the same service will be possible at all commercial courts.
Rationalisation of the Courts Network
The Act on Jurisdiction and Seats of Courts, which was adopted in July 2008, reduced the number of municipal courts from the previous 108 to 67 municipal courts. The rationalisation of the courts network will proceed in several phases. The rationalisation of the network of misdemeanour courts will be carried out in the second phase. The network of municipal State Attorney’s Offices will also be rationalised pursuant to the key used in the rationalisation of the network of municipal courts. The Act on Jurisdiction and Seats of State Attorney’s Offices was adopted to that effect in December 2008. A Department for Rationalisation of Court Network and State Attorney's Offices was established within the Division for Justice Administration (which is part of the Directorate for Organisation and Human Resources of the Ministry of Justice). Its responsibility will include all tasks relating to the rationalisation of the network of courts and the network of State Attorney’s Offices.
Penal Legislation Reform and Implementation of the Anti-Corruption Strategy
The new Anti-Corruption Strategy was adopted by the Croatian Parliament on June 19, 2008. Aiming at ensuring its effective implementation, the Government of the Republic of Croatia adopted the Action Plan of the Anti-Corruption Strategy on June 25, 2008, which lays down in detail all anti-corruption measures, competent authorities, and objectives, as well as deadlines and resources necessary for their implementation. The new Criminal Procedure Act which significantly changes the criminal procedure in terms of efficiency and effectiveness was adopted on December 15, 2008.
Structural Measures in the Medium-Term (2009-2011)
The judicial reform aims at creating an independent, unbiased, expert and efficient judiciary. The creation of such a system will restore the confidence of Croatian citizens in the rule of law which is one of the preconditions for faster economic development of the country. The implementation of 165 measures under the Action Plan of the Judicial Reform Strategy is aimed at reducing the duration of court proceedings, ensuring the conduction of proceedings within a reasonable period, reducing the cost of the judiciary, raising the level of quality and expertise, raising the level of confidence of Croatia’s citizens in its judiciary, facilitating the use of alternative methods of dispute resolution, etc. Some of the measures are long-term, while the majority is expected to be completed in 2008, 2009, 2010 and 2011. Considering their large number, it will not be able to mention all of them. The legal framework for free legal aid has been set up, thus aiming to ensure access to courts for all Croatian citizens. In
addition, substantial funds have been invested in the informatisation and capital investments were made to ensure improved conditions for smooth functioning of the judiciary.
The final deadline for the implementation of the Common Information System (CIS) for the land registry and the cadastre is set for the end of 2009, when the system is expected to become fully operational. In that sense, the extension of the deadline until December 15, 2005 was approved.
By the end of 2010, the ICMS will be introduced at 60 more courts: 30 municipal courts, 19 county courts and 11 commercial courts. In 2013, the introduction of the ICMS is planned at the remaining 34 municipal courts. In the period 2012 – 2015, the ICMS is to be introduced at around 70 misdemeanour courts depending on the rationalisation of misdemeanour courts. The time limit set for the completion of the rationalisation of the municipal court network, which means the time limit within the scope of which the operations of merged courts at their new seats will be ensured is December 31, 2019. For the implementation of this Act, sufficient funds are earmarked in the state budget so as to ensure the financial basis for the commencement of operation of a certain number of merged courts at their new seats as at January 1, 2009. The following is planned in the period 2009 – 2011: 21 municipal courts are expected to merge into 9 municipal courts in 2009, 9 municipal courts are expected to merge into 4 municipal courts in 2010 and 4 municipal courts are expected to merge into 2 municipal courts in 2011.
On January 1, 2009 the provisions of the new Criminal Procedure Act, adopted on December 15, 2008, entered into force. Those provisions are aimed at improving the speed and efficiency of procedures but they do not require major adjustments. The entry into force of provisions requiring major changes and substantial technical and organisational adjustments are planned for September 1, 2011.
The new Anti-Corruption Strategy and the Action Plan of the Anti-Corruption Strategy are aimed at combating corruption and imposing zero tolerance of corruption, as well as at eradicating and preventing cases of corruption in Croatian society.
The implementation of measures under the Action Plan of the Anti-Corruption Strategy is also planned in this period (a total of 195 measures) which is aimed at achieving the objectives set in the Strategy. Some of the measures are long-term, while the majority is expected to be completed in 2008, 2009, 2010 and 2011.