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352 Article 4 Competence Th e competence of the Court shall extend to any question concerning a constitutional or other legal provision of the Republic of Croatia or of Krajina relating to human rights or fundamental freedoms, including those in the present Agreement or in any of the instruments listed in Annex B hereto. Article 5 Submission of Appeals Any party to a proceeding in which another court of the Republic of Croatia or of Krajina has pronounced a judgement that is not subject to any other appeal (for a reason other than the lapse of a time-limit for which the moving party is responsible), may appeal such judgement to the Court on the basis of any question within its competence. Th e decision of the Court on such an appeal shall be fi nal and binding. Article 6 Appeals of Protracted Proceedings 1. An appeal may also be taken to the Court if a proceeding is pending for what it considers an unduly long time in any other court of the Republic of Croatia or of Krajina. 2. Th e Court shall decide whether to accept such an appeal aft er a preliminary consideration of whether the proceeding in such other court had been pending too long and whether the subject of the appeal is within its competence. Article 7 Stated Questions Any appellate court of the Republic of Croatia or of Krajina may, at the request of any party to a proceeding pending before it or on its own motion in relation to such a proceeding, address to the Court a question arising out of the proceeding if the question relates to any matter within the competence of the Court. Th e response of the Court is binding on the requesting court. Article 8 Duration Th e Court shall continue to function until the Republic of Croatia becomes a party to the European Convention on Human Rights and Fundamental Freedoms, unless the Council of Europe mechanism referred to in article 1 of the present annex ceases at some earlier date to be in force in respect of the Republic of Croatia.
A N N E X D Initial Appointment and Functions of the Ombudsmen (Article XI.8) I. GENERAL PROVISIONS Article 1 Functions of Ombudsmen 1. Th e Ombudsmen are to protect human dignity, rights and freedoms as provided in any constitutional or other legal provision of the Republic of Croatia or of Krajina relating to human rights or fundamental freedoms, including those in the present Agreement or in any of the instruments listed in Annex B hereto, and in particular shall act to reverse the consequences of the violations of these rights and liberties and especially of ethnic cleansing. 2. In carrying out their functions, the Ombudsmen must be guided by law and by the principles of morality and justice. Article 2 Individual Functioning Each Ombudsman shall exercise his functions individually, except as otherwise provided herein. Two or more Ombudsmen may cooperate in carrying out any of their functions. Article 3 Independence Th e Ombudsmen are independent in carrying out their functions and no governmental organ or any other person may interfere with such functions. Article 4 Appointment 1. Th ere shall be four Ombudsmen: two Croat, one Serb, and one for other national or ethnic communities or minorities. Until the Croatian Sabor adopts, with the concurrence of the Serb Caucus of the Sabor, a law relating to the appointment and functioning of the Ombudsmen, these shall be appointed and may be removed by the Chairman-in-Offi ce of the Conference on Security and Cooperation in Europe (CSCE). 2. Each of the Ombudsmen shall with the approval of the High Judiciary Council of Croatia appoint one or more deputies. 3. Th e terms of service of the Ombudsmen and their deputies shall be the same respectively as those of the President and of Judges of the Supreme Court of Croatia. 4. Each Ombudsman shall also appoint additional staff within the framework of the budget approved therefore by the High Judiciary Council of Croatia. 353
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352<br />
Article 4 Competence<br />
Th e competence of the Court shall extend to any question concerning a constitutional<br />
or other legal provision of the Republic of Croatia or of Krajina relating to human rights<br />
or fundamental freedoms, including those in the present Agreement or in any of the<br />
instruments listed in Annex B hereto.<br />
Article 5 Submission of Appeals<br />
Any party to a proceeding in which another court of the Republic of Croatia or of Krajina<br />
has pronounced a judgement that is not subject to any other appeal (for a reason other<br />
than the lapse of a time-limit for which the moving party is responsible), may appeal<br />
such judgement to the Court on the basis of any question within its competence. Th e<br />
decision of the Court on such an appeal shall be fi nal and binding.<br />
Article 6 Appeals of Protracted Proceedings<br />
1. An appeal may also be taken to the Court if a proceeding is pending for what<br />
it considers an unduly long time in any other court of the Republic of Croatia or of<br />
Krajina.<br />
2. Th e Court shall decide whether to accept such an appeal aft er a preliminary<br />
consideration of whether the proceeding in such other court had been pending too long<br />
and whether the subject of the appeal is within its competence.<br />
Article 7 Stated Questions<br />
Any appellate court of the Republic of Croatia or of Krajina may, at the request of any<br />
party to a proceeding pending before it or on its own motion in relation to such a<br />
proceeding, address to the Court a question arising out of the proceeding if the question<br />
relates to any matter within the competence of the Court. Th e response of the Court is<br />
binding on the requesting court.<br />
Article 8 Duration<br />
Th e Court shall continue to function until the Republic of Croatia becomes a party to<br />
the European Convention on Human Rights and Fundamental Freedoms, unless the<br />
Council of Europe mechanism referred to in article 1 of the present annex ceases at some<br />
earlier date to be in force in respect of the Republic of Croatia.
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