Collected Papers of the Law Faculty of the University of Rijeka

 

SUPPLEMENT

Homage to Academician Lujo Margetić

HISTORICAL DECISIONS OF THE CROATIAN PARLIAMENT (SABOR) OF 25 JUNE AND 8 OCTOBER 1991

Dr. sc. Anto Milušić, redoviti profesor 
Pravni fakultet Sveučilišta J. J. Strossmayera 
u Osijeku 

UDK: 342.22(497.5)"1990/1991"   341.218(497.5)"1990/1991"              
Review article


The Constitution of the Republic of Croatia of 22 December 1990, Constitutional Act of Croatian Parliament of 25 June 1991 and 8 October 1991, represent a coherent unity. These Acts are the legal components of the constitutional legal process with constitutive state and legal impacts referring the foundations of modern Croatian state. The initial and crucial point of related process is the Constitution of the Republic of Croatia; on grounds of the Art. 140/1 that postponed the application of certain provisions, the independence of the Republic of Croatia was not established because Croatia still formally remained within SFRY and the achievement of "several fundamental elements of the Croatian statehood" thus remained prolonged. Accordingly, the related legal process considerably involves (two) further decisions (25 June and 8 October 1991) of the Croatian Parliament constituting the unlimited statehood, declaring the Sovereign and Independent Republic of Croatia (Constitutional Act on 25 June) and dissolving legal associations and state relations with other republics and provinces of (up-to-then) SFRY (decision on 8 October). Considering all presented historical facts, the constitutional, national and legal elements of the related legal process became accomplished and therefore, three quoted legal Acts perform as a coherent governmental and legal process providing the constituent basis of state sovereignty and independence of the Republic of Croatia and disassociation from other republics and provinces of SFRY.
This course of events became followed by the international recognition of state sovereignty of the Republic of Croatia.

Key words: Croatian Parliament (Sabor), Constitutional decision on state sovereignty - June 1991, decision on disassociation from former SFRY - October 1991.

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