Composition of the State Attorney's Council
The State Attorney's Council has eleven members.
The Council consists of seven deputy state attorneys, two members of the Croatian Parliament, one of whom is from the opposition, and two university professors of law.
The members of the Council from the ranks of deputy state attorneys are: three Deputies of the State Attorney General of the Republic of Croatia, two County State Attorney Deputies and two Municipal State Attorney Deputies. The composition of the Council will ensure a proportional territorial representation of state attorney's offices and an appropriate representation of criminal and civil-administrative departments.
The members of the Council elect a President and a Vice President from among themselves by secret ballot for a term of four years. The President of the Council must be from the ranks of Deputies of the State Attorney General of the Republic of Croatia.
The members of the Council are elected for a term of four years. A member of the Council may be elected no more than twice. If a member of the Council ceases to hold office before the expiration of the term for which s/he was elected or appointed, another member shall be elected or appointed in his/her place until the expiration of the term of office of the Council.
Prior to taking office, a member of the Council takes an oath before the State Attorney General.
The method of work of the State Attorney's Council
The Council works and decides at a session.
The Council session agendas are proposed by the President.
The Council may decide if at least six members of the Council are present at a session. The Council makes decisions by a majority vote of all members of the Council, unless otherwise provided by the law.
Minutes are kept of the work at the session. The minutes contain basic information about those present, the agenda, the proposals presented at the session, whether a discussion took place and about the decisions made. The minutes are verified at the next regular session of the Council.
The Council ensures the publicity of its work by regularly informing about the sessions, decisions and other activities of the Council on the Council's website.
Sessions of the Council at which general issues are discussed and decided are public.
The public is excluded in the procedures of dismissals of state attorneys and deputy state attorneys, the procedures in which decisions are made on the disciplinary responsibility of deputy state attorneys, in deciding on objections to the assessment of performance of duties and in the procedure of removal from office.
The part of the session at which deliberations and voting are held is closed for public, while the announcements of the Council decisions are always public.
The public session of the Council may be attended by adults, who register their attendance at the Council session by telephone or e-mail to the Council Secretariat no later than one working day before the day of the Council session. The number of persons who can attend the session of the Council depends on the size of the hall in which sessions are held and the number of persons invited to participate in the Council sessions in certain proceedings. In case it is objectively impossible for a person to attend a public session of the Council, the Council Secretariat shall notify the person who registered to attend the public session of the Council.
The public may also be excluded from one part or from the entire session in cases when this is provided for by the Constitution and the Criminal Procedure Act.
Pursuant to Article 94, paragraph 3 of the Act on the State Attorney's Council (Official Gazette, No. 67/2018), the public will be excluded from voting and the decision making on disciplinary responsibility. The decision will always be made public.
A session of the Council may be held electronically (electronic session).
An electronic session may be held provided that at least 6 members of the Council have confirmed to the Secretariat of the State Attorney's Council the receipt of the invitation to hold an electronic session by e-mail or in another appropriate manner.
At the electronic session, the Council may make decisions within its competence, except for decisions on the appointments and dismissals of deputy state attorneys, appointments and dismissals of county and municipal state attorneys, on the disciplinary responsibility of deputy state attorneys, on initiating elections for Council members from among deputy state attorneys, and on objections to the assessment of the performance of the state attorney's duty. The rules of procedure may not be adopted, amended or supplemented in an electronic session.
The manner of work of the Council is regulated by the Rules of Procedure, which are adopted by the Council. The Rules of Procedure of the Council shall be published in the Official Gazette and on the Council's website.
Pursuant to Article 46, paragraph 1 of the Act on the State Attorney's Council (Official Gazette No. 67/2018), the State Attorney's Council at its 72nd session held on 31 January and 1 February 2019 adopted the Rules of Procedure regulating its work as follows: the manner of election, rights and duties of the Council President and Vice President, the manner of work and convening the Council at a session and electronic session; the manner of voting and decision-making and the manner of work in the procedure of appointment and dismissal of state attorneys and deputy state attorneys.
The President and the Secretary of the Council monitor the application of the Rules of Procedure, unless otherwise provided by the Rules of Procedure.
In addition to the work referred to in Art. 45, paragraph 2 of the Act on the State Attorney's Council, the President of the Council receives the oath given by Deputy State Attorneys; ensures the cooperation of the Council with the State Attorney's Office of the Republic of Croatia and other state bodies of the Republic of Croatia; ensures the protection of rights and that the duties of the Council members are performed; monitors the proper implementation of the material and financial operations of the Council; and performs other tasks prescribed by law and the Rules of Procedure.
The Vice President assists the President in his work and performs tasks within his scope if the President is prevented from performing his duty.
The Ordinance prescribes flexible working hours in such a way that the work in the State Attorney's Council starts between 7am and 8am and ends between 3pm and 4pm.
Parties are received every working day between 9am and 2pm.