EUROPAM

European Public Accountability Mechanisms

Croatia

Country score (European Average*)
  • 80(66) Political Financing
  • 70(50) Financial Disclosure
  • 82(40) Conflict of Interest
  • 81(56) Freedom of Information
  • 74(65) Public Procurement

Country Facts

IncomeUpper middle
GNI per capita (2011 PPP $)20797.36
Population, total4170600.00
Urban population (% of total)59.28
Internet users (per 100 people)72.70
Life expectancy at birth (years)77.28
Mean years of schooling (years)11.2
Global Competitiveness Index4.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Political Activity and Election Campaign Financing Act (2011, amended 2016) and the Act on Election of Representatives to the Croatian Parliament 2003 are the main laws regulating the financing of political parties in Croatia.

There are a number of restrictions on the permissible income for political parties. Donations from foreign interests are banned. Corporations are permitted donors except where they are partly owned by the government. Trade unions are banned from donating as are anonymous donors. There are limits in place for the donations received per year and for election cycles.

Public funding is available for political parties. Extensive provisions are provided for the allocation of funding based on the share of votes in the previous election, representation in the elected body and for participating in the election. Public funding may be utilized on the basis of recovering election campaign costs. There is also subsidized media access tax relief available. For each MP representing an underrepresented gender, political parties are entitled to compensation.

For regulations on spending, vote buying is banned and there are limits on election expenditure for each constituency.

Parties are required to public reports on donations every six months on their website. The reports must reveal the identity of donors. The State Election Commission oversees compliance with the law and the State Audit Office performs audits. Sanctions for breaches of the law include fines, the loss of public funding and forfeiture.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income94949494
Public funding88505050
Regulations on spending75757575
Reporting, oversight and sanctions100100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. There shall be no financing of political parties, independent MPs, members of the representative bodies of local and regional self-government units elected from a list of a group of voters, independent lists or lists of a group of voters and candidates by: – foreign states, foreign political parties and foreign legal persons. By way of derogation from paragraph (1)(i) of this Article, the prohibition of financing political parties, independent MPs, members of the representative bodies of local and regional self-government units, independent lists or lists of a group of voters and candidates (by foreign states, foreign political parties and foreign legal persons whose core activity consists of education in the development and promotion of democratic principles) shall not apply to the financing of educational programmes. (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on donations from foreign interests to candidates? Yes. There shall be no financing of political parties, independent MPs, members of the representative bodies of local and regional self-government units elected from a list of a group of voters, independent lists or lists of a group of voters and candidates by: – foreign states, foreign political parties and foreign legal persons. By way of derogation from paragraph (1)(i) of this Article, the prohibition of financing political parties, independent MPs, members of the representative bodies of local and regional self-government units, independent lists or lists of a group of voters and candidates (by foreign states, foreign political parties and foreign legal persons whose core activity consists of education in the development and promotion of democratic principles) shall not apply to the financing of educational programmes. (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Natural and legal persons may make donations to political parties, independent MPs and members of representative bodies of local and regional self-government units elected from a list of a group of voters and to independent lists or lists of a group of voters and candidates on a one-off basis or several times during the calendar year (Political Activity and Election Campaign Financing Act, Article 11, 2011, amended 2016)
Is there a ban on corporate donations to candidates? No. Natural and legal persons may make donations to political parties, independent MPs and members of representative bodies of local and regional self-government units elected from a list of a group of voters and to independent lists or lists of a group of voters and candidates on a one-off basis or several times during the calendar year (Political Activity and Election Campaign Financing Act, Article 11, 2011, amended 2016)
Is there a ban on donations from corporations with government contracts to political parties? Yes. Prohibition of income from governmental bodies, public enterprises, legal persons vested with public authority, companies and other legal persons in which the Republic of Croatia or any local and regional governmental unit has any interest or share (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Prohibition of income from governmental bodies, public enterprises, legal persons vested with public authority, companies and other legal persons in which the Republic of Croatia or any local and regional governmental unit has any interest or share (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on donations from corporations with government contracts to candidates? Yes. the same rules apply for the donations of the parties that is applicable for the candidates (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. the same rules apply for the donations of the parties that is applicable for the candidates (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. banned sources include labor unions and employer associations (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on donations from Trade Unions to candidates? Yes. the same rules apply for the donations of the parties that is applicable for the candidates (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. No donations shall be made by unidentified (anonymous) sources. Donations by unidentified (anonymous) sources shall be deemed to include donations made by donors whose details are unknown at the time of their payment or those made by donors who cannot be positively identified without additional action (e.g. donations via text messaging services, telephone answering machines, etc.). (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on anonymous donations to candidates? Yes. the same rules apply for the donations of the parties that is applicable for the candidates (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. There shall be no funding by government bodies, public companies, legal persons vested with public authority, companies and other legal persons in which the Republic of Croatia or any local and regional self-government unit has any interest or shares, as well as public and other institutions owned by the Republic of Croatia or any local and regional self-government unit; associations, trusts and foundations represented by central government officials, or local or regional officials; (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)
Is there a ban on any other form of donation? Yes. Other banned sources include religious communities, humanitarian and other non-profit associations and organizations and natural and legal persons subject to any enforcement proceedings related to their outstanding debts due to the budget or their employees. (Political Activity and Election Campaign Financing Act, Art. 22, 2011, amended 2016)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Within 1 year: HRK 30,000.00 (3,893.72€) by natural persons; HRK 200,000.00 (25,958.15€) by legal persons (Political Activity and Election Campaign Financing Act, Art 11, 2011, amended 2016)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. The total value of donations made by a legal person within a single calendar year shall not exceed (i) HRK 200,000.00 (two hundred thousand) when such donations are made to a political party or a candidate in elections for the President of the Republic of Croatia; (ii) HRK 100,000.00 (one hundred thousand) when such donations are made to an independent MP, an independent list or a candidate for national minority MP proposed by voters and national minority associations in the elections for members to the Croatian Parliament and the election of members to the European Parliament; and HRK 30,000.00 (thirty thousand) when such donations are made to an independent member of a representative body of a local and regional self government unit elected from a list of a group of voters and to a list of a group of voters or a candidate in elections at the local or regional level. (Political Activity and Election Campaign Financing Act, Art 11, 2011, amended 2016)
Is there a limit on the amount a donor can contribute to a candidate? Yes. same rules apply for the donations for parties that is applicable for the candidates; Within 1 year: HRK 30,000.00 (3,893.72€) by natural persons; HRK 200,000.00 (25,958.15€) by legal persons (Political Activity and Election Campaign Financing Act, Art 11, 2011, amended 2016)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. There are extensive provisions in Article 18 on the recovery of costs from the state budget on the basis of vote share. They are too extensive to list but one is lilsted for illustrative purposes: The following shall be entitled to recover election campaign costs from the state budget of the Republic of Croatia: – candidates who receive a minimum of 10% of valid votes at elections for President of the Republic of Croatia; ( Political Activity and Election Campaign Financing Act, Art. 18 & 20, 2011, amended 2016)
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. The funds specified in Article 3 of this Act shall be allocated by setting an equal amount thereof for each MP or each member of the representative body of local and regional selfgovernment units, with each political party being entitled to receive any such funding as may be proportionate to the number of its MPs or members of the representative body at the time of the constitution of the Croatian Parliament or of the representative body of such local and regional self-government unit. The funds required to recover election campaign costs related to the election of members to the Croatian Parliament shall be allocated to political parties, independent lists and candidates for national minority MPs nominated by voters and national minority associations in proportion to the number of seats won in the Croatian Parliament. (Political Activity and Election Campaign Financing Act, Art. 5 & 20, 2011, amended 2016)
Eligibility criteria for direct public funding to political parties: Participation in election Yes. The funds specified in Article 3 of this Act shall be allocated by setting an equal amount thereof for each MP or each member of the representative body of local and regional selfgovernment units, with each political party being entitled to receive any such funding as may be proportionate to the number of its MPs or members of the representative body at the time of the constitution of the Croatian Parliament or of the representative body of such local and regional self-government unit. The funds required to recover election campaign costs related to the election of members to the Croatian Parliament shall be allocated to political parties, independent lists and candidates for national minority MPs nominated by voters and national minority associations in proportion to the number of seats won in the Croatian Parliament. (Political Activity and Election Campaign Financing Act, Art. 18, 2011, amended 2016)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. The funds specified in Article 3 of this Act shall be allocated by setting an equal amount thereof for each MP or each member of the representative body of local and regional selfgovernment units, with each political party being entitled to receive any such funding as may be proportionate to the number of its MPs or members of the representative body at the time of the constitution of the Croatian Parliament or of the representative body of such local and regional self-government unit. The funds required to recover election campaign costs related to the election of members to the Croatian Parliament shall be allocated to political parties, independent lists and candidates for national minority MPs nominated by voters and national minority associations in proportion to the number of seats won in the Croatian Parliament. (Political Activity and Election Campaign Financing Act, Art. 18, 2011, amended 2016)
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. The funds required to recover election campaign costs related to elections for the President of the Republic of Croatia and elections for municipality heads, city mayors, county prefects and the mayor of the City of Zagreb and elections for deputy municipality heads, city mayors, and county prefects elected from among members of national minorities shall be allocated in proportion to votes received. (Political Activity and Election Campaign Financing Act, Art. 20, 2011, amended 2016)
Allocation calculations for direct public funding to political parties: Equal Yes. The funds specified in Article 3 of this Act shall be allocated by setting an equal amount thereof for each MP or each member of the representative body of local and regional selfgovernment units, with each political party being entitled to receive any such funding as may be proportionate to the number of its MPs or members of the representative body at the time of the constitution of the Croatian Parliament or of the representative body of such local and regional self-government unit. ( Political Activity and Election Campaign Financing Act, Art. 5, 2011, amended 2016)
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. The funds required to recover election campaign costs related to the election of members to the Croatian Parliament shall be allocated to political parties, independent lists and candidates for national minority MPs nominated by voters and national minority associations in proportion to the number of seats won in the Croatian Parliament. (Political Activity and Election Campaign Financing Act, Art. 20, 2011, amended 2016)
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework.

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. With regard to their efforts strictly associated with their political activity, political parties shall not be subject to the payment of profit tax and value-added tax under the provisions of special laws, and may also be entitled to tax benefits under the provisions of a special law. (Political Activity and Election Campaign Financing Act, Art. 9, 2011, amended 2016)
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. For each elected MP or member of the representative body of a local and regional self-government unit who belongs to an under-represented gender, political parties shall also be entitled to a bonus of 10% of the amount allocated for each MP or member of a representative body of such local and regional self-government unit referred to in Article 5(1) of this Act. (Political Activity and Election Campaign Financing Act, Art. 6, 2011, amended 2016)
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Whoever, by force, serious threat, bribery or in some other unlawful way, influences a voter to vote for or against a certain candidate in elections, or to vote for or against the recall of a candidate, or to vote for or against a certain proposal in a referendum, or not to vote at all, shall be punished by a fine or by imprisonment not exceeding one year (Criminal Code, Art. 116, No 110/​1997)
Are there bans on state resources being used in favour or against a political party or candidate? Yes. Funds from the state budget or from the budgets of local or regional self-government units which are otherwise used by candidates as officials of the Republic of Croatia or authorized local officials in the performance of their duties shall not be used for the purposes of election campaigns. ( Political Activity and Election Campaign Financing Act, Art. 16, 2011, amended 2016)
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? Yes. The total amount of election campaign costs per candidate or per list of candidates shall not exceed the following amounts: – HRK 8,000,000.00 (eight million) in the case of elections for President of the Republic of Croatia; – HRK 1,500,000.00 (one million five hundred thousand) within a single constituency in the case of the election of MPs; – HRK 1,500,000.00 (one million five hundred thousand) in the case of the election of members to the European Parliament; – HRK 1,000,000.00 (one million) in the case of elections for the mayor of the City of Zagreb; – HRK 600,000.00 (six hundred thousand) in the case of elections for county prefect and mayor of major cities.– HRK 250,000.00 (two hundred and fifty thousand) in the case of elections for city and municipality head in local self-government units with a population exceeding 10,000; – HRK 100,000.00 (one hundred thousand) in the case of elections for city and municipal chief officials in local self-government units with populations from 3,001 to 10,000; – HRK 50,000.00 (fifty thousand) in the case of elections for mayor and municipality head in local self-government units with a population not exceeding 3,000. (Political Activity and Election Campaign Financing Act, Art. 17, 2011, amended 2016)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Reports on donations shall be published by political parties on their website every six months. (Political Activity and Election Campaign Financing Act, Art. 26, 2011, amended 2016)
Do political parties have to report on their finances in relation to election campaigns? Yes. Political parties and leaders of independent lists or leaders of lists of a group of voters and candidates receiving any funds paid into their special accounts to finance their election campaigns shall, within the time limit specified in paragraph (5) of this Article, submit reports on donations received to finance their election campaigns and reports on their election campaign expenses, including information updated to the day of the submission thereof, to relevant electoral commissions. (Political Activity and Election Campaign Financing Act, Art. 24, 2011, amended 2016)
Do candidates have to report on their campaign finances? Yes. Political parties and leaders of independent lists or leaders of lists of a group of voters and candidates receiving any funds paid into their special accounts to finance their election campaigns shall, within the time limit specified in paragraph (5) of this Article, submit reports on donations received to finance their election campaigns and reports on their election campaign expenses, including information updated to the day of the submission thereof, to relevant electoral commissions. ( Political Activity and Election Campaign Financing Act, Art. 24, 2011, amended 2016)
Is information in reports from political parties and/​or candidates to be made public? Yes. Political parties, leaders of independent lists and leaders of lists of a groups of voters and candidates must publish the reports referred to in paragraph (5) of this Article on their websites, or on the website of the political party that proposed the candidate or in the daily press (for local elections, in the local press) not later than 48 hours following the expiry of the time limit referred to in paragraph (5) of this Article. (Political Activity and Election Campaign Financing Act, Art. 24, 2011, amended 2016)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. A report on donations shall contain information specifying each donor (personal or corporate name and address), the date when any donation was paid or when any product or service was provided free of charge, the amount of any donations paid or the market value of any donated product or service, specified on an invoice which is not subject to payment, and the type of each donation (Political Activity and Election Campaign Financing Act, Art. 24, 2011, amended 2016)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. The State Election Commission (Political Activity and Election Campaign Financing Act, Art. 27, 2011, amended 2016)
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. The State Audit Office as noted above. (Political Activity and Election Campaign Financing Act, Art. 27, 2011, amended 2016)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework.

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. Election Commission, Audit Office (Political Activity and Election Campaign Financing Act, Art. 27, 2011, amended 2016)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. Election Commission, Audit Office (Political Activity and Election Campaign Financing Act, Art. 27, 2011, amended 2016)
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency Yes. Election Commission, Audit Office (Political Activity and Election Campaign Financing Act, Art. 27, 2011, amended 2016)
Institutions with a formal role in political finance oversight: EMB Yes. Election Commission, Audit Office (Political Activity and Election Campaign Financing Act, Art. 27, 2011, amended 2016)
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other Yes. Croatian Parliament receives a report on supervising the financial operations of political parties entitled to financing from the State Budget. (Political Activity and Election Campaign Financing Act,Art. 32, 2011, amended 2016)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Numerous fines can be imposed for violations of the Political Activity and Election Campaign Financing Act. (Political Activity and Election Campaign Financing Act, Art. 43, 2011, amended 2016)
Sanctions for political finance infractions: Loss of public funding Yes. if political parties, independent MPs and members of representative bodies of local and regional self-government elected from a list of a group of voters fail to submit their annual financial statements, including the required enclosures, to the State Audit Office and the State Election Commission within the specified time limit as stipulated in Article 30 of this Act, the payment of funds for their regular annual financing from the state budget or from the budgets of local and regional self-government units shall be suspended. (Political Activity and Election Campaign Financing Act, Art. 41 and 42, 2011, amended 2016)
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework.
Sanctions for political finance infractions: Forfeiture Yes. The administrative sanction of forfeiture of the right to recover election campaign costs shall be imposed on political parties, heads of independent lists or lists of a group of voters and candidates in various cases. (Political Activity and Election Campaign Financing Act, Art. 40, 2011, amended 2016)
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2017


Legislation

Political Activity and Election Campaign Financing Act, 2011, amended 2016 (Croatian)pdf
Criminal Code, No 110/​1997 (English)pdf

Financial Disclosure

Croatia has encompassing rules in place for financial disclosure, a large part of which are put in place by the Law on Conflicts of Interests (2003, last amended 2015). The Head of State, government Ministers, Members of Parliament, and Senior Civil Servants are subject to the same set of disclosure laws. These foresee a disclosure of real estate, movable assets with a per-item value above HRK 30,000, and all debt. Savings that exceed the annual net income of officials, income from assets and outside employment, and any relationships with the private sector must also be made available. Family members are included in the disclosure.

All enforcement and oversight falls on the Commission on the Prevention of Conflicts of Interests. An additional depository body exists only in the civil service, where company participation is declared to superiors. The Commission verifies the accuracy of statements, and makes decisions as to possible violations. Submitting disclosure statements is a pre-condition for receiving pay, and fines or administrative sanctions may be stipulated for late filling or non-filling. For Civil Servants, false disclosure may lead to the loss of office. The disclosure statements of high-level public officials are made public on the homepage of the Commission.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items91878780
Filing frequency69757556
Sanctions100100100100
Monitoring and Oversight10010010088
Public access to declarations25252525

Alternative Metric

2012201520162017Trend
Head of State79787878
Ministers79787878
Members of Parliament79787878
Civil servants72767645

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. The Head of State should declare assets of spouse and children under the age of 18. Officials should disclose business relations between the public body they hold office in and a company their close family member has more than 0.5 shares. (Articles 8.1 and 17.3 of the Law of Prevention of Interests Interest (adopted 2011, amended 2015))
Income and Assets
Real estate Yes. The Head of State should declare their real estate, inherited or acquired, within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Movable assets Yes. The Head of State should declare high value movable assets within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. High value movable assets include: vehicles, vessels, aircraft, working mechines,hunting weapons, art objects, jewellinery,valuable object for personal use,securities,animals/other acquired movables of a per-item value higher than HRK 30,000, with the exception of household objects and clothes. (Articles 8.7 and 8.8 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Cash Yes. The Head of State should declare their savings deposits if they exceed the annual net income of the officials within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Loans and Debts Yes. The Head of State should declare due payments/debts, assumed guarantees and other liabilities within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Article 8.7 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Income from outside employment/assets Yes. The Head of State should declare income from paid employment, income from self-employment, income from property and proprietary rights, income from capital, income fronm insurance and other income within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 9 and 13 (4) of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Incompatibilities
Gifts received as a public official Yes. The Head of State may only hold a symbolic gift of a value of up to HRK 500, any gifts exceeding this value cannot be retained. A gift in cash cannot be retained irrespective of the amount. (Article 11 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Private firm ownership and/or stock holdings Yes. The Head of State should disclose business relations between public body they hold office in and a company their close family member has more than 0.5 shares. They should also disclose their business shares and stocks in companies. Shares in a private firm greater than 0.5% should be transferred to a trustee. The Head of State may not carry out any activity, such as regular and permanent occupation for renumeration. (Articles 8.7, 13 and 17 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. The Head of State should disclose business relations between public body they hold office in and a company their close family member has more than 0.5 shares. They should also disclose their business shares and stocks in companies. Members of supervisory boards of companies with state ownership should be proposed to the General Assembly. (Articles 8.7 and 15 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Holding government contracts Yes. The head of state should transfer their voting rights in the private firm they own a share greater than 0.5% to a trustee. If such private firm enters a business relationship with the state, they should notify the Commission for the Resolution of Conflicts of Interest. A company in which the head of state has a share of 0.5% or more cannot enter into a business relationship with a public authority, in which the official holds office. (Article 16, Article 17 and Article 18 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Board member, advisor, or company officer of private firm Yes. The Head of State may not be a member of administrative bodies and supervisory boards of companies, administrative councils of institutions or supervisory boards of extrabudgetary funds, nor perform management affairs in business entities. (Article14 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Post-employment Yes. Within one year after termination of office the Head of State shall not accept the appointment or enter into an employment contract with a legal person with whom they have been in a business relationship during their mandate. (Article 20 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Head of State shall disclose functions performed professionally or non-professionally prior to taking office, asset and income, as well as any significant changes in the assets during tenure, shares in private companies they own, business relations between public body they hold office in and a company their close family member has more than 0.5% shares in to the Commission within 30 days of taking office. (Article 8.1 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required upon leaving office Yes. The Head of State disclose their income and assets, as well as any significant changes in the assets during tenure to the Commission within 30 days of leaving office. (Article 8.2 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. The Head of State is required to submit a report if during the course of holding office there was a significant change in the state of their assets. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, reprimand, suspension of payment of part of a net monthly salary up to the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Article 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will keep registers of conflict of interest information. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Enforcement body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will make decisions regarding violations of the provisions of the Law. (Articles 28-41 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying submission Yes. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying the submissions. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying accuracy Yes. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying accuracy. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Public access to declarations

Public availability Yes. The Commission can publish data on the income and assets of senior civil officials. (Article 8.10 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Ministers should declare assets of spouse and children under the age of 18. Officials should disclose business relations between the public body they hold office in and a company their close family member has more than 0.5 shares. (Articles 8.1 and 17.3 of the Law of Prevention of Interests Interest (adopted 2011, amended 2015))
Income and Assets
Real estate Yes. Ministers should declare their real estate, inherited or acquired within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Movable assets Yes. Ministers should declare high value movable assets within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. High value movable assets include: vehicles, vessels, aircraft, working mechines,hunting weapons, art objects, jewellinery,valuable object for personal use,securities,animals/other acquired movables of a per-item value higher than HRK 30,000, with the exception of household objects and clothes. (Articles 8.7 and 8.8 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Cash Yes. Ministers should declare their savings deposits if they exceed the annual net income of the officials within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Loans and Debts Yes. Ministers should declare due payments/debts, assumed guarantees and other liabilities within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Article 8.7 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Income from outside employment/assets Yes. Ministers should declare income from paid employment, income from self-employment, income from property and proprietary rights, income from capital, income fronm insurance and other income within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 9 and 13 (4) of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Ministers may only hold a symbolic gift of a value of up to HRK 500, any gifts exceeding this value cannot be retained. A gift in cash cannot be retained irrespective of the amount. (Article 11 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Private firm ownership and/or stock holdings Yes. Ministers should disclose business relations between public body they hold office in and a company their close family member has more than 0.5 shares. They should also disclose their business shares and stocks in companies. Shares in a private firm greater than 0.5% should be transferred to a trustee. Ministers may not carry out any activity, such as regular and permanent occupation for renumeration. (Articles 8.7, 13 and 17 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Ministers should disclose business relations between public body they hold office in and a company their close family member has more than 0.5 shares. They should also disclose their business shares and stocks in companies. Members of supervisory boards of companies with state ownership should be proposed to the General Assembly. (Articles 8.7 and 15 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Holding government contracts Yes. Ministers should transfer their voting rights in the private firm they own a share greater than 0.5% to a trustee. If such private firm enters a business relationship with the state, they should notify the Commission for the Resolution of Conflicts of Interest. A company in which the head of state has a share of 0.5% or more cannot enter into a business relationship with a public authority, in which the official holds office. (Article 16, Article 17 and Article 18 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Board member, advisor, or company officer of private firm Yes. Ministers may not be a members of administrative bodies and supervisory boards of companies, administrative councils of institutions or supervisory boards of extrabudgetary funds, nor perform management affairs in business entities. (Article14 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Post-employment Yes. Within one year after termination of office ministers shall not accept the appointment or enter into an employment contract with a legal person with whom they have been in a business relationship during their mandate. (Article 20 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Ministers shall disclose functions performed professionally or non-professionally prior to taking office, asset and income, as well as any significant changes in the assets during tenure, shares in private companies they own, business relations between public body they hold office in and a company their close family member has more than 0.5% shares in to the Commission within 30 days of taking office. (Article 8.1 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required upon leaving office Yes. Ministers disclose their income and assets, as well as any significant changes in the assets during tenure to the Commission within 30 days of leaving office. (Article 8.2 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. Ministers are required to submit a report if during the course of holding office there was a significant change in the state of their assets. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, reprimand, suspension of payment of part of a net monthly salary up to the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Article 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will keep registers of conflict of interest information. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Enforcement body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will make decisions regarding violations of the provisions of the Law. (Articles 28-41 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying submission Yes. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying the submissions. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying accuracy Yes. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying accuracy. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Public access to declarations

Public availability Yes. The Commission can publish data on the income and assets of senior civil officials. (Article 8.10 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Members of Parliament should declare assets of spouse and children under the age of 18. Officials should disclose business relations between the public body they hold office in and a company their close family member has more than 0.5 shares. (Articles 8.1 and 17.3 of the Law of Prevention of Interests Interest (adopted 2011, amended 2015))
Income and Assets
Real estate Yes. Members of Parliament should declare their real estate, inherited or acquired, within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Movable assets Yes. Members of Parliament should declare high value movable assets within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. High value movable assets include: vehicles, vessels, aircraft, working mechines,hunting weapons, art objects, jewellinery,valuable object for personal use,securities,animals/other acquired movables of a per-item value higher than HRK 30,000, with the exception of household objects and clothes. (Articles 8.7 and 8.8 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Cash Yes. Members of Parliament should declare their savings deposits if they exceed the annual net income of the officials within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Loans and Debts Yes. Members of Parliament should declare due payments/debts, assumed guarantees and other liabilities within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Article 8.7 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Income from outside employment/assets Yes. Members of Parliament should declare income from paid employment, income from self-employment, income from property and proprietary rights, income from capital, income fronm insurance and other income within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 8.7 9 and 13.4 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Incompatibilities
Gifts received as a public official Yes. Members of Parliament may only hold a symbolic gift of a value of up to HRK 500, any gifts exceeding this value cannot be retained. A gift in cash cannot be retained irrespective of the amount. (Article 11 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Private firm ownership and/or stock holdings Yes. Members of Parliament should disclose business relations between public body they hold office in and a company their close family member has more than 0.5 shares. They should also disclose their business shares and stocks in companies. Shares in a private firm greater than 0.5% should be transferred to a trustee. Members of Parliament may not carry out any activity, such as regular and permanent occupation for renumeration. (Articles 8.7, 13 and 17 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. Members of Parliament should disclose business relations between public body they hold office in and a company their close family member has more than 0.5 shares. They should also disclose their business shares and stocks in companies. Members of supervisory boards of companies with state ownership should be proposed to the General Assembly. (Articles 8.7 and 15 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Holding government contracts Yes. Members of Parliament should transfer their voting rights in the private firm they own a share greater than 0.5% to a trustee. If such private firm enters a business relationship with the state, they should notify the Commission for the Resolution of Conflicts of Interest. A company in which the head of state has a share of 0.5% or more cannot enter into a business relationship with a public authority, in which the official holds office. (Article 16, Article 17 and Article 18 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Board member, advisor, or company officer of private firm Yes. Memers of Parliament may not be a member of administrative bodies and supervisory boards of companies, administrative councils of institutions or supervisory boards of extrabudgetary funds, nor perform management affairs in business entities. (Article14 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Post-employment Yes. Within one year after termination of office the Members of Parliament shall not accept the appointment or enter into an employment contract with a legal person with whom they have been in a business relationship during their mandate. (Article 20 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Members of Parliament shall disclose functions performed professionally or non-professionally prior to taking office, asset and income, as well as any significant changes in the assets during tenure, shares in private companies they own, business relations between public body they hold office in and a company their close family member has more than 0.5% shares in to the Commission within 30 days of taking office. (Article 8.1 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required upon leaving office Yes. Members of Parliament disclose their income and assets, as well as any significant changes in the assets during tenure to the Commission within 30 days of leaving office. (Article 8.2 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. Members of Parliament are required to submit a report if during the course of holding office there was a significant change in the state of their assets. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, reprimand, suspension of payment of part of a net monthly salary up to the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. (Article 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will keep registers of conflict of interest information. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Enforcement body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will make decisions regarding violations of the provisions of the Law. (Articles 28-41 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying submission Yes. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying the submissions. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying accuracy Yes. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying accuracy. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Public access to declarations

Public availability Yes. The Commission can publish data on the income and assets of senior civil officials. (Article 8.10 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Senior civil servants must declare asset of spouse and children under the age of 18. A civil servant shall be obliged to submit a written report to his/her superior on any financial or other interest in which he/she, his/her spouse or partner, and a child may have in the decisions of the State body in which he/she is employed. (Articles 3.3 and 8.1 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015) Article 34 and Article 37 of the Law on Civil Servants (adopted 2000, last amended 2015))
Income and Assets
Real estate Partially. Senior civil servants should declare their real estate, inherited or acquired, within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 3.3, 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Movable assets Partially. Senior civil servants should declare high value movable assets within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. High value movable assets include: vehicles, vessels, aircraft, working mechines,hunting weapons, art objects, jewellinery,valuable object for personal use,securities,animals/other acquired movables of a per-item value higher than HRK 30,000, with the exception of household objects and clothes. (Articles 3.3, 8.7, 8.8 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Cash Partially. Senior civil servants should declare their savings deposits if they exceed the annual net income of the officials within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 3.3, 8.7 and 9 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Loans and Debts Partially. Senior civil servants should declare due payments/debts, assumed guarantees and other liabilities within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Article 3.3 and 8.7 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Income from outside employment/assets Partially. Senior civil servants should declare income from paid employment, income from self-employment, income from property and proprietary rights, income from capital, income fronm insurance and other income within 30 days of assuming and leaving office and upon being re-elected or re-appointed in the same office, or if significant change in the assets has occurred while in office or by the end of the year during which the change took place. (Articles 3.3, 8.7, 9 and 13 (4) of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Incompatibilities
Gifts received as a public official Yes. A civil servant is prohibited from claiming and receiving gifts for personal benefit or for the benefit of the their family (Article 17 of the Law on Civil Servants (adopted 2000, last amended 2015))
Private firm ownership and/or stock holdings Yes. A civil servant shall not be permitted to open a trade or establish a company in the field of activity in which they are employed as a civil servant. Outside the normal working hours and upon approval by the appointing institution they may engage in business that does not constitute a conflict of interest or a barrier to the proper performance of regular duties. (Article 32 and 33 of the Law on Civil Servants (adopted 2000, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. A civil servant shall not be permitted to open a trade or establish a company in the field of activity in which they are employed as a civil servant. Outside the normal working hours and upon approval by the appointing institution they may engage in business that does not constitute a conflict of interest or a barrier to the proper performance of regular duties. A civil servant may not carry out supervision over a company, in whose work they participate (Article 32, 33 and 35 of the Law on Civil Servants (adopted 2000, last amended 2015))
Holding government contracts Partially. Senior civil servants should transfer their voting rights in the private firm they own a share greater than 0.5% to a trustee. If such private firm enters a business relationship with the state, they should notify the Commission for the Resolution of Conflicts of Interest. A company in which the head of state has a share of 0.5% or more cannot enter into a business relationship with a public authority, in which the official holds office. (Article 3.3, Article 16, Article 17 and Article 18 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Board member, advisor, or company officer of private firm Yes. A civil servant shall not be a member of the managemnt or supervisory bodies of a company, if as a civil servant he exercises control over it (Article 35 of the Law on Civil Servants (adopted 2000, last amended 2015))
Post-employment Partially. Within one year after termination of office senior civil servants shall not accept the appointment or enter into an employment contract with a legal person with whom they have been in a business relationship during their mandate. (Article 3.3 and Article 20 of the Law on the Prevention of Conflict of Interest (adopted 2011, amended 2015))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A civil servant should not make decision of take part in making decision affecting his financial interest or that of a spouse, partner, child or parent. (Article 37 of the Law on Civil Servants (adopted 2000, last amended 2015))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Partially. Senior civil servants shall disclose functions performed professionally or non-professionally prior to taking office, asset and income, as well as any significant changes in the assets during tenure, shares in private companies they own, business relations between public body they hold office in and a company their close family member has more than 0.5% shares in to the Commission within 30 days of taking office. On the day of commencing employment a civil servant is required to notify his superior in writing whether his spouse or extramarital partner, child, or parent perform the highest duties in a political party, professional association, commercial company, or other legal entity which is in a business relationship with the body in which the civil servant is commencing work, or over which the body exercises supervision. (Article 3.3 and 8.1 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015) Article 34.4 of the Law on Civil Servants (adopted 2000, last amended 2015))
Filing required upon leaving office Partially. Senior civil servants disclose their income and assets, as well as any significant changes in the assets during tenure to the Commission within 30 days of leaving office. (Article 8.2 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Partially. The Head of State is required to submit a report if during the course of holding office there was a significant change in the state of their assets. (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A senior civil servant shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, reprimand, suspension of payment of part of a net monthly salary up to the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. The failure to submit on time a declaration of conflict of interest could be considered "failure to execute official obbligations" under Art. 99 of the Law on Civil Servants. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015) Article 99 of the Law on Civil Servants (adopted 2000, amended 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. An official shall not be able to receive a salary until they submit their declaration on assets and incomes to the Commission. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. The failure to submit a declaration of conflict of interest could be considered "failure to execute official obbligations" under Art. 99 of the Law on Civil Servants. (Articles 8, 10 and 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015) Article 99 of the Law on Civil Servants (adopted 2000, amended 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Sanctions depend on the gravity of the violation of the act and would include proceedings against violators, warning, suspension of payment of part of a net monthly salary upto the amount from HRK 2,000 to 40,000 and for no longer than 12 months; official may be ask to remove the causes of the conflict of interest given the nature of the violation; public announcement can be published by the Commission about non-declaration. False disclosure could be considered "failure an improper execution of official duties" under Article 99 of the Law on Civil Servants (Article 42, 43 and 44 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015) Article 99 of the Law on Civil Servants (adopted 2000, amended 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will keep registers of conflict of interest information. Civil servants submit their declarations of conflict of interest to their superior officer (Article 8 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015) Article 34 of the Law on Civil Servants (adopted 2000, amended 2015))
Enforcement body explicitly identified Yes. The Commission for Regulating Conflicts of Interest will make decisions regarding violations of the provisions of the Law. The superior officer shall examine the declaration of conflict of interest of the civil servant and report to the head of the public body, if needed. (Articles 28-41 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015) Article 34.5 of the Law on Civil Servants (adopted 2000, amended 2015))
Some agency assigned responsibility for verifying submission Partially. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying the submissions. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Some agency assigned responsibility for verifying accuracy Partially. The Commission for Regulating Conflicts of Interest takes all necessary measures for verifying accuracy. (Articles 21-27 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))

Public access to declarations

Public availability Yes. The Commission can publish data on the income and assets of senior civil servants. (Article 3.3 and8.10 of the Law on the Prevention of Conflicts of Interest (adopted 2011, amended 2015))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Civil Servants Act, 2000, amended 2015 (Croatian)pdf
Law on the Prevention of Conflict of Interest, 2011, amended 2015 (Croatian)pdf

Conflict of Interest

The Law on the Prevention of Conflicts of Interests (2011, last amended 2015) defines preventing conflicts of interests as being able to impartially put public interests above private interests. Ministers and Members of Parliament may not accept gifts valued above HRK 500 from the same donor, and may not be part of supervisory or managerial bodies of private companies. If they own shares in a private company of 0.5% or more, they must transfer their consequential management rights to another person for the duration of their mandate. The Constitution (1990, last amended 2010) does not allow the President to follow any other professional activity. For one year after the end of their mandate, the President, Ministers, and MPs may not be part of a supervisory or managerial body in companies, and must continue to submit disclosure statements. The Civil Servants Act (2000, last amended 2015) restricts civil servants from owning a private or public firm and holding government contracts. There is no law stating that any officials must abstain from decisions that affect private interests.

In case of violation, the President, Ministers and MPs face fines or administrative sanctions. As in the rules governing conflicts of interests, the monitoring, guidance, and enforcement of these laws fall on the Commission on the Prevention of Conflicts of Interests. Civil servants, instead, can only be subject to administrative sanctions. The Law does not specify any monitoring body, while appointing the chief executive of the State for the enforcement of the law.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions92757575
Sanctions67838383
Monitoring and Oversight50888888

Alternative Metric

2012201520162017Trend
Head of State72939393
Ministers72939393
Members of Parliament72939393
Civil servants62484848

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. In exercising public office, officials shall not place their private interest above the public interest. A conflict of interest exists when the private interests of officials in the public interest, in particular when: Private interests of officials affects his impartiality in the performance of public duties or Reasonably believed that the private interests of officials affects his impartiality in the performance of public duties or Private interests of officials can affect his impartiality in the performance of public duties. Officials means also the President. (Articles 2-3 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Accepting gifts Yes. Gift shall mean money, items regardless of their value, rights and services provided without compensation by officials place or may in the state of dependency or create an obligation towards the giver. Are not considered gifts the usual gifts among family members, relatives and friends as well as national and international awards, medals and awards. An official may keep only gifts of symbolic value and a maximum of up to HRK 500.00 from the same donor, if it is not money or precious metal. Gifts protocol nature that exceed the amount of HRK 500.00 and other gifts that do not maintain official when he is entitled to the property of the Croatian. The Government shall decree prescribing procedures with gifts that are the property of the Croatian (Article 11 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Articles 2-3 of the Ordinance on Gifts for Public Officials (2004))
Private firm ownership and/or stock holdings Yes. The President of the Republic shall not perform any other public or professional duty. (Article 96 of the Constitution (1990, last amended in 2010))
Ownership of state-owned enterprises (SOEs) Yes. The President of the Republic shall not perform any other public or professional duty. (Article 96 of the Constitution (1990, last amended in 2010))
Holding government contracts Yes. The President of the Republic shall not perform any other public or professional duty. (Article 96 of the Constitution (1990, last amended in 2010))
Board member, advisor, or company officer of private firm Yes. The President of the Republic shall not perform any other public or professional duty. (Article 96 of the Constitution (1990, last amended in 2010))
Post-employment Yes. Prohibition to influence public decision-making processes, to be a member in management and supervisory boards, to be a member and to have shares in companies and operating limitations, as well as the obligation to report income and assets continue to apply for one year after employment (Article 7-8-9-14-15-17 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. The President of the Republic shall not perform any other public or professional duty. (Article 96 of the Constitution (1990, last amended in 2010))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. A fine in the amount of 5,000.00 to 50,000.00 kunas shall be official who, within one year after the termination of the appointment or election to accept or enter into a contract that begins to work in the legal entity that is the exercise of the mandate Officials were in the business relationship or when the time of appointment, election or contracting out of all the circumstances of this case it is clear that it intends to enter into a business relationship with the body in which he served (Article 49 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. For violation of the provisions of this Act the Commission to persons referred to in Article 3 of this Act may impose the following sanctions: First warnings, Second suspension of payment of part of the net monthly salary, Third publication of the Commission's decision. (Article 44 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A fine in the amount of 5,000.00 to 50,000.00 kunas shall be official who, within one year after the termination of the appointment or election to accept or enter into a contract that begins to work in the legal entity that is the exercise of the mandate Officials were in the business relationship or when the time of appointment, election or contracting out of all the circumstances of this case it is clear that it intends to enter into a business relationship with the body in which he served (Article 49 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Responsibilities of the Commission are: The initiation of proceedings conflicts of interest and make decisions; verification of data from reports on financial status of officials the development of guidelines and instructions of officials to effectively prevent conflict of interest; regularly organize training for officials on issues of conflict of interest and submit a report on the financial status (Article 30 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. Responsibilities of the Commission are: The initiation of proceedings conflicts of interest and make decisions; verification of data from reports on financial status of officials the development of guidelines and instructions of officials to effectively prevent conflict of interest; regularly organize training for officials on issues of conflict of interest and submit a report on the financial status (Article 30 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)

Ministers

Restrictions

General restriction on conflict of interest Yes. In exercising public office, officials shall not place their private interest above the public interest. A conflict of interest exists when the private interests of officials in the public interest, in particular when: Private interests of officials affects his impartiality in the performance of public duties or Reasonably believed that the private interests of officials affects his impartiality in the performance of public duties or Private interests of officials can affect his impartiality in the performance of public duties. Officials means also the Ministers of the Croatian Government. (Articles 2-3 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Accepting gifts Yes. Gift shall mean money, items regardless of their value, rights and services provided without compensation by officials place or may in the state of dependency or create an obligation towards the giver. Are not considered gifts the usual gifts among family members, relatives and friends as well as national and international awards, medals and awards. An official may keep only gifts of symbolic value and a maximum of up to HRK 500.00 from the same donor, if it is not money or precious metal. Gifts protocol nature that exceed the amount of HRK 500.00 and other gifts that do not maintain official when he is entitled to the property of the Croatian. The Government shall decree prescribing procedures with gifts that are the property of the Croatian. (Article 11 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Private firm ownership and/or stock holdings Yes. Officials may not be members of the governing bodies and supervisory boards of companies, management councils institution or supervisory boards of extrabudgetary funds or perform management tasks in businesses. An official who has a 0.5% or more of shares or of the property (capital of a company) for the exercise of public office shall transfer his management rights on the basis of equity society to another person. The Prime Minister and the members of the Government may not perform any other public or professional duty without consent of the Government. (Articles 14(1)-16 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Article 109 of the Consitution (1990, last amended 2014))
Ownership of state-owned enterprises (SOEs) Yes. Officials may not be members of the governing bodies and supervisory boards of companies, management councils institution or supervisory boards of extrabudgetary funds or perform management tasks in businesses. An official who has a 0.5% or more of shares or of the property (capital of a company) for the exercise of public office shall transfer his management rights on the basis of equity society to another person. The Prime Minister and the members of the Government may not perform any other public or professional duty without consent of the Government. (Articles 14(1)-16 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Article 109 of the Consitution (1990, last amended 2014))
Holding government contracts Yes. Conflict of interest in the award of public procurement contracts: if the representative of the contracting authority/entity at the same time performs management-related activities in the economic operator, or if the representative of the contracting authority/entity holds a business share, stock or other rights entitling it to participate in management, that is, capital of the economic operator by more than 0.5%. (Article 14(3) of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Article 109 of the Consitution (1990, last amended 2014) Article 13 of the Public Procurement Act)
Board member, advisor, or company officer of private firm Yes. Officials may not be members of the governing bodies and supervisory boards of companies, management councils institution or supervisory boards of extrabudgetary funds or perform management tasks in businesses. An official who has a 0.5% or more of shares or of the property (capital of a company) for the exercise of public office shall transfer his management rights on the basis of equity society to another person. The Prime Minister and the members of the Government may not perform any other public or professional duty without consent of the Government. (Articles 14(1)-16 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Article 109 of the Consitution (1990, last amended 2014))
Post-employment Yes. Prohibition to influence public decision-making processes, to be a member in management and supervisory boards, to be a member and to have shares in companies and operating limitations, as well as the obligation to report income and assets continue to apply for one year after employment (Article 7-8-9-14-15-17 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. In the exercise of public office to which he was elected or appointed officer shall not hold any other public office. (Article 13(1) of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. A fine in the amount of 5,000.00 to 50,000.00 kunas shall be official who, within one year after the termination of the appointment or election to accept or enter into a contract that begins to work in the legal entity that is the exercise of the mandate Officials were in the business relationship or when the time of appointment, election or contracting out of all the circumstances of this case it is clear that it intends to enter into a business relationship with the body in which he served (Article 49 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. For violation of the provisions of this Act the Commission to persons referred to in Article 3 of this Act may impose the following sanctions: First warnings, Second suspension of payment of part of the net monthly salary, Third publication of the Commission's decision. (Article 44 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A fine in the amount of 5,000.00 to 50,000.00 kunas shall be official who, within one year after the termination of the appointment or election to accept or enter into a contract that begins to work in the legal entity that is the exercise of the mandate Officials were in the business relationship or when the time of appointment, election or contracting out of all the circumstances of this case it is clear that it intends to enter into a business relationship with the body in which he served (Article 49 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Responsibilities of the Commission are: The initiation of proceedings conflicts of interest and make decisions; verification of data from reports on financial status of officials the development of guidelines and instructions of officials to effectively prevent conflict of interest; regularly organize training for officials on issues of conflict of interest and submit a report on the financial status (Article 30 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. Responsibilities of the Commission are: The initiation of proceedings conflicts of interest and make decisions; verification of data from reports on financial status of officials the development of guidelines and instructions of officials to effectively prevent conflict of interest; regularly organize training for officials on issues of conflict of interest and submit a report on the financial status (Article 30 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. In exercising public office, officials shall not place their private interest above the public interest. A conflict of interest exists when the private interests of officials in the public interest, in particular when: Private interests of officials affects his impartiality in the performance of public duties or Reasonably believed that the private interests of officials affects his impartiality in the performance of public duties or Private interests of officials can affect his impartiality in the performance of public duties. Officials means also the Members of the Croatian Parliament. (Articles 2-3 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Accepting gifts Yes. Gift shall mean money, items regardless of their value, rights and services provided without compensation by officials place or may in the state of dependency or create an obligation towards the giver. Are not considered gifts the usual gifts among family members, relatives and friends as well as national and international awards, medals and awards. An official may keep only gifts of symbolic value and a maximum of up to HRK 500.00 from the same donor, if it is not money or precious metal. Gifts protocol nature that exceed the amount of HRK 500.00 and other gifts that do not maintain official when he is entitled to the property of the Croatian. The Government shall decree prescribing procedures with gifts that are the property of the Croatian (Article 11 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Private firm ownership and/or stock holdings Yes. Officials may not be members of the governing bodies and supervisory boards of companies, management councils institution or supervisory boards of extrabudgetary funds or perform management tasks in businesses. An official who has a 0.5% or more of shares or of the property (capital of a company) for the exercise of public office shall transfer his management rights on the basis of equity society to another person (Articles 14(1)-16 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Officials may not be members of the governing bodies and supervisory boards of companies, management councils institution or supervisory boards of extrabudgetary funds or perform management tasks in businesses. An official who has a 0.5% or more of shares or of the property (capital of a company) for the exercise of public office shall transfer his management rights on the basis of equity society to another person (Articles 14(1)-16 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Holding government contracts Yes. Conflict of interest in the award of public procurement contracts: if the representative of the contracting authority/entity at the same time performs management-related activities in the economic operator, or if the representative of the contracting authority/entity holds a business share, stock or other rights entitling it to participate in management, that is, capital of the economic operator by more than 0.5%. (Article 14(3) of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Article 109 of the Consitution (1990, last amended 2014) Article 13 of the Public Procurement Act, 2016)
Board member, advisor, or company officer of private firm Yes. Officials may not be members of the governing bodies and supervisory boards of companies, management councils institution or supervisory boards of extrabudgetary funds or perform management tasks in businesses. An official who has a 0.5% or more of shares or of the property (capital of a company) for the exercise of public office shall transfer his management rights on the basis of equity society to another person (Articles 14(1)-16 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Post-employment Yes. Prohibition to influence public decision-making processes, to be a member in management and supervisory boards, to be a member and to have shares in companies and operating limitations, as well as the obligation to report income and assets continue to apply for one year after employment (Article 7-8-9-14-15-17 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. In the exercise of public office to which he was elected or appointed officer shall not hold any other public office. (Article 13(1) of the Law on the Prevention of Conflict of Interest, 2011, amended 2015 Article 9 of the the Act on Election of Deputies to the Croatian Parliament (1999, last amended in 2003))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. A fine in the amount of 5,000.00 to 50,000.00 kunas shall be official who, within one year after the termination of the appointment or election to accept or enter into a contract that begins to work in the legal entity that is the exercise of the mandate Officials were in the business relationship or when the time of appointment, election or contracting out of all the circumstances of this case it is clear that it intends to enter into a business relationship with the body in which he served (Article 49 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. For violation of the provisions of this Act the Commission to persons referred to in Article 3 of this Act may impose the following sanctions: First warnings, Second suspension of payment of part of the net monthly salary, Third publication of the Commission's decision. (Article 44 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A fine in the amount of 5,000.00 to 50,000.00 kunas shall be official who, within one year after the termination of the appointment or election to accept or enter into a contract that begins to work in the legal entity that is the exercise of the mandate Officials were in the business relationship or when the time of appointment, election or contracting out of all the circumstances of this case it is clear that it intends to enter into a business relationship with the body in which he served (Article 49 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Responsibilities of the Commission are: The initiation of proceedings conflicts of interest and make decisions; verification of data from reports on financial status of officials the development of guidelines and instructions of officials to effectively prevent conflict of interest; regularly organize training for officials on issues of conflict of interest and submit a report on the financial status (Article 30 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)
Enforcement body specified (sanctions, hearings) Yes. Responsibilities of the Commission are: The initiation of proceedings conflicts of interest and make decisions; verification of data from reports on financial status of officials the development of guidelines and instructions of officials to effectively prevent conflict of interest; regularly organize training for officials on issues of conflict of interest and submit a report on the financial status (Article 30 of the Law on the Prevention of Conflict of Interest, 2011, amended 2015)

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Civil servants shall be prohibited from seeking or receiving gifts for their personal gain, or for the gain of their family or an organisation, or for favourable settlement of an administrative or other proceeding. (Article 17 of the Civil Servants Act, 2000, amended 2014)
Private firm ownership and/or stock holdings Yes. A civil servant shall not be allowed to open a sole trade or establish a company or other legal person to operate in the field of activity at which he/she is employed as a civil servant, or in a field associated with the activities under the jurisdiction of the body in which he/she is employed. civil servant may not be a member of executive or supervisory bodies of companies or other legal persons if the latter are subject to oversight by the State body in which he/she is employed. In the performance of official duties, a civil servant may not conduct administrative oversight of companies or other legal persons in whose operation he/she participates. (Article 32-35 of the Civil Servants Act, 2000, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. A civil servant shall not be allowed to open a sole trade or establish a company or other legal person to operate in the field of activity at which he/she is employed as a civil servant, or in a field associated with the activities under the jurisdiction of the body in which he/she is employed. civil servant may not be a member of executive or supervisory bodies of companies or other legal persons if the latter are subject to oversight by the State body in which he/she is employed. In the performance of official duties, a civil servant may not conduct administrative oversight of companies or other legal persons in whose operation he/she participates. (Article 32-35 of the Civil Servants Act, 2000, amended 2014)
Holding government contracts Yes. A civil servant may, outside of his/her regular working hours and with prior approval from the chief executive of the State body, perform tasks or render services to a legal or natural person, only if the State body in which he/she performs tasks does not oversee such activities or the operations of the legal or natural person, or if such work is not prohibited by separate legislation and does not constitute a conflict of interest or an obstacle to orderly performance of regular tasks and does not impinge upon the reputation of the civil service. (Article 33 of the Civil Servants Act, 2000, amended 2014)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A civil servant shall not make decisions nor participate in decision-making which effects the financial or other interests of: a) his/her spouse or common-law partner, child or parent; b) individuals or legal persons with whom he/she has had formal or business contacts within the past two years; c) individuals or legal persons who have financed his/her election campaign within the past five years; d) companies, institutions or other legal persons in which the civil servant intends to seek employment; e) associations or legal persons in which he/she holds the post of administrator or membership in the board of directors; f) an individual or legal person for which the civil servant is an official representative, legal representative or bankruptcy trustee; g) or an individual or legal person with whom the civil servant, his/her spouse, child, or parent is involved in lawsuits or to whom they are indebted. (Article 37 of the Civil Servants Act, 2000, amended 2014)
Assisting family or friends in obtaining employment in public sector Yes. A civil servant shall not make decisions nor participate in decision-making which effects the financial or other interests of: a) his/her spouse or common-law partner, child or parent; b) individuals or legal persons with whom he/she has had formal or business contacts within the past two years; c) individuals or legal persons who have financed his/her election campaign within the past five years; d) companies, institutions or other legal persons in which the civil servant intends to seek employment; e) associations or legal persons in which he/she holds the post of administrator or membership in the board of directors; f) an individual or legal person for which the civil servant is an official representative, legal representative or bankruptcy trustee; g) or an individual or legal person with whom the civil servant, his/her spouse, child, or parent is involved in lawsuits or to whom they are indebted. (Article 37 of the Civil Servants Act, 2000, amended 2014)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The following sanctions may be imposed for minor breaches of official duties: a) verbal reprimand, b) written reprimand, c) written reprimand with entry in the civil servant’s personal file, d) pecuniary fine in an amount not to exceed 10% of the salary of the civil servant paid in the month in which said sanction is imposed. (Article 110 of the Civil Servants Act, 2000, amended 2014)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The chief executive of the State body shall recuse such civil servant from work in these operations.Data on potential conflicts of interest and the decision of the chief executive of the State body on recusal of the civil servant from work in specific operations due to potential conflict of interest shall be recorded in the civil servant’s personal file. (Article 34 of the Civil Servants Act, 2000, amended 2014)

Qualitative data for 2017


Legislation

Civil Servants Act, 2000, amended 2015 (Croatian)pdf
Constitution, 1990, amended 2014 (English)pdf
Law on the Prevention of Conflict of Interest, 2011, amended 2015 (Croatian)pdf
Act on Election of Deputies to the Croatian Parliament, 1999, amended 2003 (English)pdf
Ordinance on Gifts for Public Officials, 2004 (English )pdf
Public Procurement Act, 2011, amended 2014 (Croatian)pdf

Freedom of Information

The legal framework governing Croatia's freedom of information regime is grounded in its 1990 Constitution. The Law on Access to Information (2013, amended 2015) applies to state administration bodies, bodies of self-government, organizations fully financed from the state budget, as well as companies in which the government has majority ownership.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Data Secrecy Act (2007, amended 2012), and the Act on Personal Data Protection (2003, amended 2011). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

The 2013 FOI law establishes an Information Commissioner with the mandate to hear appeals, issue binding decisions, apply sanctions (fines), conduct public awareness, and oversee implementation of the law. Appeals may also be submitted to public authorities in the first instance, and with the courts as a last resort.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage87878787
Information access and release88100100100
Exceptions and Overrides67100100100
Sanctions for non-compliance33333333
Monitoring and Oversight17838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. The right to access to information held by any public authority shall be guaranteed. Restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law. (Article 38, Constitution of Croatia, 1990)
"Information" or "Documents" is defined Yes. Information is any information held by the public authority in the form of a document, record, dossier, register or in any other form, regardless of the manner of representation (written, drawn, printed, recorded, magnetic, optical, electronic or any other record), which the public body has created alone or in cooperation with other bodies or received from other persons, and was created within the scope of competences or in regards to organization and work of the public body. (Article 5 of the Law on Access to Information, 2013, amended 2015)
Proactive disclosure is specified Yes. Public authorities are obliged to publish a range of information on their websites in an easily searchable manner. (Article 10 of the Law on Access to Information, 2013, amended 2015)

Coverage of public and private sectors

Executive branch Yes. "Public authorities" within the meaning of this Act, the state administration bodies, other state bodies, bodies of local and territorial (regional) selfgovernment, legal persons with public authority and other persons to whom public powers, the legal entity whose the founder of the Republic of Croatia or local and regional (regional) governments, legal persons and other persons who perform public service, legal persons that are fully financed from the state budget or the budget of local and regional (regional) governments, as well as companies in which the Republic of Croatia and local and regional (regional) governments have separately or together majority ownership; (Article 1 and 5 of the Law on Access to Information, 2013, amended 2015)
Legislative branch Yes. "Public authorities" within the meaning of this Act, the state administration bodies, other state bodies, bodies of local and territorial (regional) selfgovernment, legal persons with public authority and other persons to whom public powers, the legal entity whose the founder of the Republic of Croatia or local and regional (regional) governments, legal persons and other persons who perform public service, legal persons that are fully financed from the state budget or the budget of local and regional (regional) governments, as well as companies in which the Republic of Croatia and local and regional (regional) governments have separately or together majority ownership; (Article 1 and 5 of the Law on Access to Information, 2013, amended 2015)
Judicial branch No. The provisions of this Act shall not apply to the parties in judicial, administrative and other procedures based on the law, which is the availability of information from these procedures established by regulation. (Article 1 and 5 of the Law on Access to Information, 2013, amended 2015)
Other public bodies Yes. "Public authorities" within the meaning of this Act, the state administration bodies, other state bodies, bodies of local and territorial (regional) selfgovernment, legal persons with public authority and other persons to whom public powers, the legal entity whose the founder of the Republic of Croatia or local and regional (regional) governments, legal persons and other persons who perform public service, legal persons that are fully financed from the state budget or the budget of local and regional (regional) governments, as well as companies in which the Republic of Croatia and local and regional (regional) governments have separately or together majority ownership; (Article 1 and 5 of the Law on Access to Information, 2013, amended 2015)
Private sector No. Absent from legal framework.

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Available through both requests for information and proactive disclosure. (Articles 10, 11, 12 of the Law on Access to Information, 2013, amended 2015)
Enacted legal instruments Yes. Available through both requests for information and proactive disclosure. (Articles 10, 11, 12 of the Law on Access to Information, 2013, amended 2015)
Annual budgets Yes. Available through both requests for information and proactive disclosure. (Articles 10, 11, 12 of the Law on Access to Information, 2013, amended 2015)
Annual chart of accounts (actual expenditures) Yes. Available through both requests for information and proactive disclosure. (Articles 10, 11, 12 of the Law on Access to Information, 2013, amended 2015)
Annual reports of public entities and programs Yes. Available through both requests for information and proactive disclosure. (Articles 10, 11, 12 of the Law on Access to Information, 2013, amended 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Information is available to every domestic or foreign natural and legal persons in accordance with the conditions and restrictions of this law. (Article 6 of the Law on Access to Information, 2013, amended 2015)
Type of request is specified (written, electronic, oral) Yes. The user is entitled to access to information by submitting an oral or written request to the competent authority. (Articles 17 and 18 of the Law on Access to Information, 2013, amended 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Public authorities are obliged to appoint information officers in their agencies, who provide essential help for applicants in relation to the exercise of the rights set forth in this Act. In the case of an incomplete or incomprehensible request, the public authority body shall without delay request the submitter to make corrections within 5 days from the date of receipt of the request for corrections. If the submitter fails to correct the request in the appropriate manner, and it can not be clearly ascertained which information are requested from the original request, the public authority body shall reject the request by issuing a decision. (Articles 13 and 20 of the Law on Access to Information, 2013, amended 2015)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. (1) Access to information in procedures before the public authority bodies does not require the payment of administrative and court fees. (2) The public authority body is entitled to request the beneficiaries to cover the actual material expenses incurred by providing information, under Article 17 of this Act, and to cover the expenses of delivery of the requested information. Upon the request submitted by the beneficiary, the public authority body is obliged to provide the calculation of expenses. (3) The criteria for setting the amount of fees and the manner of covering the expenses as referred to in paragraph 2 of this Article, shall be prescribed by the Commissioner. (4) Revenue from fees collected pursuant to paragraph 2 of this Article shall be considered the revenue of the public authority body. (Article 19 of the Law on Access to Information, 2013, amended 2015)

Deadlines for release of information

20-day response deadline Yes. (1) Pursuant to request for access to information, the public authority body shall issue its decision within 15 days from the date of submission of an orderly request. (Article 20 of the Law on Access to Information, 2013, amended 2015)
Agency granted right to extend response time Yes. (1) The deadlines for exercising the right of access to information may be extended by 15 days from the date the public authority body was expected to decide on the request for access to information: 1) if the information must be sought outside the seat of the public authority body, 2) if the request pertains to numerous different information, 3) if this is necessary to ensure the accuracy and integrity of the requested information, 4) if the situation requires conducting the Proportionality Test and the Public Interest Test, in accordance with the provisions of this Act. (Article 22 of the Law on Access to Information, 2013, amended 2015)
Maximum total response time of no more than 40 days Yes. Pursuant to request for access to information, the public authority body shall issue its decision within 15 days from the date of submission of an orderly request. The deadlines for exercising the right of access to information may be extended by 15 days from the date the public authority body was expected to decide on the request for access to information (Articles 20 and 22 of the Law on Access to Information, 2013, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Data Secrecy Act, 2007, last amended 2012 (Data Secrecy Act, 2007, last amended 2012)
Existence of personal privacy/data law Yes. Act on Personal Data Protection, 2003, last amended 2011 (Act on Personal Data Protection, 2003, last amended 2011)
Specific exemptions to disclosure Yes. There are specific exemptions for the disclosure of information. (Article 15 of the Law on Access to Information, 2013, amended 2015)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. (1) If the beneficiary considers the information provided on the basis of request to be inaccurate or incomplete, they may request its correction, i.e. amendment of the respective information, within 15 days of the date of receipt of the information. (2) The public authority body shall be obliged to decide on the request for amendment or correction of the information, within 15 days of the date of receipt of the request, pursuant to Article 23 of this Act. (Article 24 of the Law on Access to Information, 2013, amended 2015)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. The submitter may file a Complaint to the Commissioner against the Decision issued by the public authority body within 15 days of the date of delivery of the Decision. A Complaint may also be filed if the public authority body fails to issue a Decision on the Submitter’s request within the legal deadline. The Commissioner: – conducts the tasks of the second instance body in resolving complaints relating to exercising the right of access to information and the right to re-use information; (Articles 25 and 35 of the Law on Access to Information, 2013, amended 2015)
Judicial appeals mechanism Yes. (1) No complaint may be filed against the Decision issued by the Commissioner, though an administrative dispute may be initiated before the High Administrative Court of the Republic of Croatia. The High Administrative Court of the Republic of Croatia must issue a decision on Complaint within 90 days. The Complaint shall delay the execution of the Decision granting access to information. (Article 26 of the Law on Access to Information, 2013, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework.
Fines are specified for violations of disclosure requirements Yes. Specific fines and violations are listed in Articles 61-62 of the FOI law. (Articles 61-62 of the Law on Access to Information, 2013, amended 2015)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework.

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Public authorities are obliged to appoint information officers in their agencies, who perform the following duties: 1) performs regular publication of information, in accordance with the internal organization of the public authorities, as well as dealing with individual requests for access to information and reuse of information, 2) improve the manner of processing, classification, storage and publication of information contained in official documents relating to the work of public authorities, 3) provide essential help for applicants in relation to the exercise of the rights set forth in this Act. (Article 13 of the Law on Access to Information, 2013, amended 2015)
Public body that is responsible for applying sanctions Yes. (3) The Commissioner: – files an indictment proposal and issues a misdemeanour order for any identified misdemeanour. (1) The head of the public authority body is obliged to implement the ordered measure within the deadline set in the record. (Articles 35 and 56 of the Law on Access to Information, 2013, amended 2015)
Public body that is responsible for public outreach (raising public awareness) Yes. (3) The Commissioner: – informs the public on exercising the beneficiary rights of access to information and re-use of information; (Article 35 of the Law on Access to Information, 2013, amended 2015)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. (3) The Commissioner: – conducts supervision and performs inspection supervision over the implementation of this Act; – monitors the implementation of this Act and the regulations governing the right of access to information and the re-use of information, and informs the public of the implementation thereof; – issues proposals to the public authority bodies with regard to measures to improve the right of access to information and the re-use of information, as governed by this Act; – proposes measures for the professional development of Information Officers within public authority bodies, and familiarization with their duties with regard to the implementation of this Act; – initiates the issuance or amendment of regulations for the purpose of implementation and improvement of the right of access to information and the re-use of information; – submits a report to the Croatian Parliament on the implementation of this Act and other reports when considered necessary; (Articles 35, 42-51 of the Law on Access to Information, 2013, amended 2015)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
Reporting of data and/or implementation is required Yes. Public body authority is obliged to maintain an official record of requests, proceedings and decisions on requests for information and re-use of information, in accordance with provisions of this law. (Article 14 of the Law on Access to Information, 2013, amended 2015)

Qualitative data for 2017


Legislation

Constitution of Croatia, 1990 (English)pdf
Law on Access to Information, 2013, amended 2015 (English)pdf
Data Secrecy Act, 2007, last amended 2012 (English)pdf
Act on Personal Data Protection, 2003, last amended 2012 (English)pdf

Public Procurement

The Croatian public procurement system is regulated by the Public Procurement Act (2011), and other laws such as the Public Private Partnership Act (2011) and the Concessions Act (2008), along with secondary legislation such as the the Regulation on public procurement notices and records (2012). The public procurement body is the Directorate for the Public Procurement System that is located under the Ministry of Economics.

The lowest minimum threshold for conducting a public procurement tender is:

▪         HRK 200,000 (ca. 27,000 EUR) for goods

▪         HRK 500,000 (ca. 67,000 EUR) for works

▪         HRK 200,000 (ca. 27,000 EUR) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date. However, this can be shorter for low value tenders. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment, but there are several options for bid exclusion: conviction for certain criminal acts, outstanding tax liabilities, false information at bid submission, and abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of  the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure proportioned to the size of the claim (between HRK 5,000 and 100,000 – ca. EUR 600-15,00). Decisions are published online at the State Commission’s website.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope878595
Information availability929279
Evaluation819488
Open competition567875
Institutional arrangements939336

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) HRK 200,000. The law does not apply to the procurement of supplies of the estimated value below HRK 200,000. (Articles 12 (1) and 15 (1) Public Procurement Act (2016))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) HRK 500,000. The law does not apply to procurement of works of the estimated value below HRK 500,000. (Articles 12 (1) and 15 (1) Public Procurement Act (2016))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) HRK 200,000. The law does not apply to the procurement of services of the estimated value below HRK 200,000. (Articles 12 (1) and 15 (1) Public Procurement Act (2016))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) HRK 200,000. HRK 200,000 for supply and service contracts and HRK 500,000 for works contracts. (Articles 12 (1) and 15 (1) Public Procurement Act (2016))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) HRK 200,000. The law shall apply to contracting entities referred to in Article 7 of this Act, which refers to the utility sector. (Articles 1(1)(2),7, 12, 15 and 335 Public Procurement Act (2016) )
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) HRK 200,000. HRK 200,000 for supply and service contracts and HRK 500,000 for works contracts. (Regulation on Public Procurement for Defence and Security Purposes (2012, amended 2014), Article 6 and Article 40 Public Procurement Act (2016) )

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) HRK 200,000. The procurement plan and the contract register shall include the information about the subject-matter of procurement with a value estimated to be equal to or greater than HRK 20,000. (Articles 12 (1) and 15 (1), 28 (5) Public Procurement Act (2016))
What are the minimum application thresholds for the procurement type? (Product type WORKS) HRK 500,000. The procurement plan and the contract register shall include the information about the subject-matter of procurement with a value estimated to be equal to or greater than HRK 20,000. (Articles 12 (1) and 15 (1), 28 (5) Public Procurement Act (2016))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) HRK 200,000. The procurement plan and the contract register shall include the information about the subject-matter of procurement with a value estimated to be equal to or greater than HRK 20,000. (Articles 12 (1) and 15 (1), 28 (5) Public Procurement Act (2016))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Both the contract notice and the tender documents must be published at the same time. The text of the notice must specify the internet address at which the tender documents are accessible. Publication here: https://eojn.nn.hr/Oglasnik/ (Article 200 (5) Public Procurement Act (2016) )
Are any of these documents published online at a central place? Yes. The address for accessing tender documents should be made available in the respective contract notices published either on the OJEU or on the national online publications platform "EOJN RH" https://eojn.nn.hr/Oglasnik/. But to be able to download tender documents, prior registration (free of charge) of the interested economic operators with the national online platform "EOJN RH" (https://eojn.nn.hr) is required. (Articles 67 - 73 and 200 (5) Public Procurement Act (2016))
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. Contracting authorities must keep all the documents concerning each public procurement procedure for a minimum period of 4 years. National online publications platform "EOJN RH" must maintain all the documents concerning each public procurement procedure for a minimum period of 6 years. (Articles 333 and 334 Public Procurement Act (2016))
Are contracts awarded within a framework agreement published (ie mini contracts)? No. The contracting authority is obliged on a quarterly basis to send for publication the grouped notices of the results of the procurement procedure for contracts based on the framework agreement within 30 days of the end of each quarter. The contracting authority must keep a register of public contracts and framework agreements, and registry information updated at least every six months. The mini-contracts awarded under a framework agreement are not made public. However, the contracting authority is obliged on a quarterly basis to send for publication the grouped notices of the results of the procurement procedure for contracts based on the framework agreement within 30 days of the end of each quarter. The contracting authority must keep a register of public contracts and framework agreements, and registry information updated at least every six months. (Articles 28(2) and 248 (2) Public Procurement Act (2016) )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. Information to be included in contract award notices (Entity: PUBLIC SECTOR): Where appropriate, for each award, value and proportion of contract likely to be subcontracted to third parties. Information to be included in contract award notices (Entity: UTILITIES): State, where appropriate, whether the works contract has been, or may be, subcontracted. (Article 248 (1) and Annex V part D Public Procurement Act (2016))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. There is no threshold for publication. Disclosure is required irrespective of the % of total contract value subcontracted. (Article 248 (1) and Annex V part D Public Procurement Act (2016) )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. As a rule, technical specifications shall not refer to a specific make or source, or a particular process, or trademark, patents, types or a specific origin or production, if it would have the effect of favoring or exclusion of certain firms or certain products. Such reference shall be permitted on an exceptional basis and be accompanied by the words "or equivalent". (Article 210 Public Procurement Act (2016) )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. ( )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Contracting authorities shall, in relation to all economic operators, respect the principle of free movement of goods, the principle of freedom of establishment and the principle of freedom to provide services and the principles deriving therefrom, such as the principle of competition, the principle of equal treatment , the principle of non-discrimination, the principle of mutual recognition, the principle of proportionality and the principle of transparency. Contracting authorities shall accord to the economic operators of the signatories to the Agreement on Government Procurement - GPA and other international agreements by the Union is bound no less favourable than the treatment accorded to economic operators of the EU Member States. (Articles 4(1) and 84 Public Procurement Act (2016) )
Is there a specific set of rules for green/sustainable procurement? Yes. Contracting authorities may require the submission of certificates of conformity of the economic operator with certain standards for environmental management. In such a case, the contracting authority shall refer to the Community system of environmental management (Community Ecomanagement and Audit Scheme, EMAS) or to certain Croatian standards for environmental management systems which are adopted European or international standards. Environmental management systems referred to the contracting authority must be certified (certified) of the body complying with the Croatian regulations that are compatible with European Union law or the Croatian standards which are accepted European or international standards for the competence of bodies attesting environmental management systems. Environmental management standards can also be a selection criteria, but no specific rules. Moreover, performance or functional requirements which may include characteristics relating to the protection of the environment related to the subject of procurement. (Articles 271, 206-211, 218, 284-288 Public Procurement Act (2016) )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. In Croatia the following mandatory exclusion grounds apply: • Criminal convictions: Companies are generally excluded when they (or their members of management board, supervisory board or holder(s) of procura etc) have been found guilty of certain criminal offences such as participation in a criminal organization, corruption, fraud, terrorism, money laundering, child labour or terrorist financing. It has to be noted that this exclusion grounds also apply in cases where the person convicted is a member of the administrative, management or supervisory body of the company or has the power of representing, leading or controlling the company. • Non-payment of taxes or social security contributions: The contracting authority must exclude the company where it has been established that the company has failed to fulfil the obligation to pay all outstanding tax liabilities and contributions for pension and health insurance in Croatia (if the economic operator is established in Croatia) or in Croatia and in the country in which it is established (if the economic operator is not established in Croatia), unless the payments of the said obligations are not allowed or delayed payment of the said obligation has been granted under special regulations. Be aware that private contracting authorities in the utilities sector may but are not under statutory obligation to apply the mandatory exclusions grounds. The law also provide for the list of discretionary exclusion grounds (e.g. non-compliance with the legal provisions in the fields of environmental, social and labour law, bankruptcy or insolvency, grave professional misconduct, etc.). (Articles 251, 252 and 254 Public Procurement Act (2016) )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. The contracting authority must request the bidder to explain the price or costs proposed in the bid where bid appear to be abnormally low in relation to the works, supplies or services. To this end, the bidder shall be granted a reasonable time limit, which however may not be shorter than five days. If during the assessment of the information provided by the bidder there are certain ambiguities, the contracting authority may request from the bidder additional clarifications. It may only reject the bid where the explanation or evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to above. (Article 289 Public Procurement Act (2016) )
Is scoring criteria published? Yes. The contract award criteria is the most economically advantageous tender (MEAT). The contracting authority shall specify in the tender documents the relative weighting which it gives to each of the criteria chosen to determine the MEAT, except where this is identified on the basis of price alone. Where weighting is not possible for objective reasons, the contracting authority shall indicate the criteria in decreasing order of importance. (Articles 285 (3) and 286 Public Procurement Act (2016) )
Are decisions always made by a committee? Yes. The examination and evalutation of tenders is carried out by an expert committee for public procurement. In the process of examination and evaluation of tenders at least one member must hold a valid certificate of a special training programme in the field of public procurement. (Articles 197 and 290 Public Procurement Act (2016) )
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The law contains rules on conflict of interest which are also applicable to members of the evaluation committee. (Articles 75-83 Public Procurement Act (2016) )
Is some part of evaluation committee mandatorily independent of contracting authority? No. ( )
Are scoring results publicly available? No. The contract award decision is only made available to bidders or participants. (Article 302 Public Procurement Act (2016) )
Does the law specify under which conditions the tender can be cancelled? Yes. The law provides for a list of reasons for cancellation of the tender. Indicatively, the tender can be cancelled: If circumstances become known which would have resulted in the non-commencement of the public procurement procedure or in the substantially different contract notice and/or tender documents, if no bid has been submitted, or if after the exlusion of bid and/or rejection of bids no valid bid remains, etc. ( Article 298 Public Procurement Act (2016) )

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Electronic Public Procurement Classifieds of the Republic of Croatia ("EOJN RH"), TED. The contracting authority may also publish its profile on the website. (Articles 66, 244 and 250 Public Procurement Act (2016) )
Does the law specify the location for publicizing restricted calls for tenders? Yes. Electronic Public Procurement Classifieds of the Republic of Croatia ("EOJN RH"), TED. The contracting authority may also publish its profile on the website. (Articles 66, 244 and 250 Public Procurement Act (2016) )
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Electronic Public Procurement Classifieds of the Republic of Croatia ("EOJN RH"), TED. The contracting authority may also publish its profile on the website. (Articles 66, 244 and 250 Public Procurement Act (2016) )

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (Article 143 Public Procurement Act (2016) )
What is the minimum number of bidders for negotiated procedures? 3. (Article 143 Public Procurement Act (2016) )
What is the minimum number of bidders for competitive dialogue procedures? 3. (Article 143 Public Procurement Act (2016) )

Bidding period length

What are the minimum number of days for open procedures? 35. 35 days (high-value: above EU threshold), 20 days (lesser value: below EU threshold) (Articles 228 and 236 Public Procurement Act (2016) )
What are the minimum number of days for restricted procedures? 30. 30 days (high-value), 20 days (lesser value) (Articles 229 and 236 Public Procurement Act (2016) )
What are the minimum number of days  for competitive negotiated procedures? 30. 30 days (high-value), 20 days (lesser value) (Articles 229 and 236 Public Procurement Act (2016) )

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Indicatively: 1. Contracts and tenders which are subject to different rules of procurement and concluded or implemented under the special procedures of the international organization; 2. Contracts and tenders which are subject to different rules of procurement and concluded or implemented in accordance with an international agreement between the Croatian and one or more third countries, signed in accordance with the Treaty on the Functioning of the European Union, which comprise goods or works intended for the joint implementation or use of works by the signatory states or services intended for the joint implementation or use of the project by the signatory states. 3.Third service contracts which the contracting authority enters into with the contracting authority or an association of contracting authorities that the service provided on the basis of exclusive rights based on a published law, regulation or administrative act which is in accordance with thenTreaty on the Functioning of the European Union; 4. agreements on the acquisition, rental or leasing of existing buildings, other immovable property, land or rights of concern to them, regardless of the method of financing. (Articles 29-38 Public Procurement Act (2016) )
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The law defines the contracting authorities and the contracting entities that have to apply the procurement law. Indicatively, contracting authorities are the following: the state bodies, local and regional self-government units, associations established by state, local or regional bodies, legal persons established for the purpose of meeting needs in the general interet without having a commercial interest and interlinked with the state by one of three conditions, etc. (Articles 5-7 Public Procurement Act (2016) )
Does the law specify the main procedure types or procurement methods permitted? Yes. Open, restricted, competitive procedure with negotiation, competitive dialogue, innovation partnership and negotiated procedure without prior publication ( Article 85 (1) Public Procurement Act (2016))
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Depending on the type of procedure, in principle each stage of procedure may be subject to appeal before the State Commission for Supervision of Public Procurement Procedures (Državna komisija za kontrolu postupaka javne nabave; ''DKOM''). (Articles 398, 404 and 425 Public Procurement Act (2016))
Is there a procurement regulatory body dedicated to public procurement? No. The central state administration body responsible for public procurement policy is the Directorate for the Public Procurement System (Uprava za sustav javne nabave) within the Ministry of Economy, Entrepreneurship and Crafts (Ministarstvo gospodarstva, poduzetništva i obrta). It is not independent from the Ministry of Economy; this directorate forms an integral part of the Ministry and thus, it is controlled directly by the Ministry. (436 Public Procurement Act (2016), http://www.javnanabava.hr/default.aspx)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. In the process of examination and evaluation of tenders at least one member must hold a valid certificate of a special training programme in the field of public procurement. (Article 197 (4) Public Procurement Act (2016))
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? Yes. between HRK 5,000 - HRK 100,000 depending on the estimated procurement value. However, there is a fixed fee for lodging an appeal against the tender documents in the amount of HRK 5,000. (Article 430 Public Procurement Act (2016) )
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Only an appeal against the tender documents, the amendments of tender documents, the award decision, the decision on non-admissibility to participate, the decision on rejection of the initial bid and the voluntary ex ante transparency notice suspends the respective procedure automatically. (Article 422 Public Procurement Act (2016) )
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 30. Under the law, the decision of the State Commission for Supervision of Public Procurement Procedures (Državna komisija za kontrolu postupaka javne nabave; DKOM) shall be taken within a period of 30 days as of the date of submitting an appeal. However, typically appeals before the DKOM are resolved within a 2-3 month timeframe. (Article 432 Public Procurement Act (2016) )
Is there a requirement to publicly release arbitration court decisions ? Yes. On the State Commission for Supervision of Public Procurement Procedures (Državna komisija za kontrolu postupaka javne nabave; DKOM') website (Article 432 (5) and (7) Public Procurement Act (2016))

Qualitative data for 2017


Legislation

Public Procurement Act, 2011, amended 2014 (English)pdf
Regulation on Public Procurement for Defence and Security Purposes 2012 (Croatian)pdf
Regulation on Amendments to Regulation on Public Procurement for Defence and Security Purposes (OG No 145-2014) (Croatian)pdf
Public Procurement Act (OG No 120-2016) - ZJN 2016 (Croatian)pdf