Description
Act on the National Council for the Judiciary (NN Nos 116/10, 57/11, 130/11, 13/13, 28/13 and 82/15 and 67/18 hereinafter: ZDSV), it is stipulated that the judge is obliged, within 30 days from the date of first entry into office, to submit to the Council a report on his/her property and the property of his/her spouse, non-marital partner or life partner and minor children with status on the date of taking up office (the property card of the judge).
If during the year there has been a significant change in the property of the judge, spouse, non-marital partner or life partner and minor children, the judge is obliged to submit to the Council by 1 March of the following year at the latest a report on the resulting changes in property.
Data on the judge’s property includes data on inherited property and data on acquired assets of the judge, spouse, cohabiting partner or life partner and minor children.
Data on inherited assets include information on the type and total value of the inheritance and data from whom the inheritance is inherited.
Information on acquired assets shall include information on:
real estate acquired through the purchase, replacement, donation, introduction and removal of real estate from the company, acquired in liquidation or bankruptcy proceedings, acquired on the basis of decisions of a court or other body, the restitution of assets acquired in the process of denationalisation and otherwise acquired real estate from other persons,
movable assets of higher value,
business interests and shares in companies,
shares in the ownership of other business entities,
cash savings if this exceeds the one-year amount of the judge’s net salary;
debts, guarantees given and other commitments;
income from employment, income from property and property rights, income from capital, insurance income and other income,
income other than income and income not subject to income tax.
Movable property of higher value means vehicles, boats, aircraft, working machines, hunting weapons, artworks, jewellery, other items of personal use value, securities, animals and other acquired movable property with a value exceeding HRK 30,000.00, excluding household items and garments.
The information on the judge’s assets shall be made public and shall be published on the Council’s website. Data protected by personal data protection regulations are not published.
Upon receipt of the report and the addition of the report on the assets of the judge, the Council will obtain from the Tax Administration of the Ministry of Finance and other bodies the data at their disposal on his assets and compare them with the data in the asset statement.
If, in respect of the property listed by the judge in the report, he has not provided information on the manner in which that property is acquired, the Council shall request the judge to provide written observations.
If the information in the property report obtained by the Council differs from the information provided by the judge in the report, the Council will inform the President of the court in which the judge holds office and the President of the directly higher court in order to file a request for disciplinary proceedings.
If the judge’s observations reveal a disproportion of the value and the manner in which the judge’s assets are acquired, the Council shall inform the Tax Administration of the Ministry of Finance.
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