New model of entry into judicial office: faster, more transparent and more efficient

Recent amendments to three key laws - the State Judicial Council Act, the State Attorneys' Council Act and the Judicial Academy Act - have introduced a new model of entry into judicial office

The aim of these amendments is to speed up the appointment of judges and deputy state attorneys, to ensure a more objective and transparent candidate selection system, and to respond to the challenges of the unfavourable age structure of the Croatian judiciary.

Why were the amendments needed?

The procedure of appointment, promotion, transfer and dismissal of judges and deputy state attorneys is governed by the State Judicial Council Act and the the State Attorneys' Council Act, while the State School for Judicial Officials, as an organisational unit within the Judicial Academy, has so far been mandatory requirement for the first appointment to judicial office. 

Analyses by the Ministry of Justice, Public Administration and Digital Transformation have shown that the current model is no longer achieving its original purpose. The State School programme represents, for the most part, a repetition of the knowledge already tested at the bar exam, does not bring significant added value in the development of practical competences, while at the same time it delays the entry of young lawyers into judicial office and places an additional burden on candidates.

The need for amendments was also confirmed by data on the age structure of judicial officials. According to 2024 data, as many as 30% of judicial officials are in the 60-70 age group, 35% are 50-60 years old, while only 7% of judicial officials are between 30 and 40 years old. Compared to 2014, the share of the youngest members of the judiciary has halved, while the share of the oldest members of the judiciary has doubled.


New model of entry into judicial office

The central change concerns the new role of the State School for Judicial Officials, which has so far been a requirement for the first appointment. Instead, emphasis is placed on the already acquired professional experience and the results achieved by candidates during their education and work experience.

Candidates still need to meet the general requirements for appointment - Croatian citizenship, the bar exam, no ongoing criminal proceedings for criminal offences prosecuted ex officio, and no convictions for criminal offences that would render them unworthy of judicial office.

Prior professional experience was also introduced as a requirement for the first appointment. Judicial officials, attorneys, notaries and notary assessors may be appointed on the basis of their professional status, while other candidates must demonstrate appropriate experience in legal affairs after passing the bar exam. At least two years of experience in legal affairs are mandatory for legal advisers, trainee lawyers and notary advisors, and at least four years for other lawyers.

More objective evaluation of candidates

The above legislative amendments have also changed the way candidates are evaluated in appointment procedures.

Candidates for judges of first instance courts and deputy municipal state attorneys are evaluated on the basis of their bar exam score, their performance appraisal as advisers in judicial bodies or their score in a special written test before the competent Council, and their interview before the Council. For judicial officials with previous appointments, the appraisal of the performance of their judicial duties plays a decisive role.

In particular, transitional arrangements have been laid down for candidates who passed the bar exam before the introduction of the scoring system in 2009, as well as for persons who have already completed the programme of the State School for Judicial Officials, thus ensuring an equal status of all candidates in the new system.


Greater efficiency of the councils

The amendments have also simplified the appointment procedures. A rule has been introduced of presumed withdrawal of the application if the candidate fails to respond at specific stages of the procedure, the rules for the submission of invitations and decisions have been changed, and the appointment decisions are now published on the website of the relevant Council.

Furthermore, the State Judicial Council and the State Attorneys' Council are required to report regularly to the competent authorities on the implementation of their plans for filling judicial vacancies, with a view to planning the needs of the judicial system more effectively.
New role of the State School for Judicial Officials

The amendments to the Judicial Academy Act have changed the role of the State School for Judicial Officials. Instead of being a mandatory step before appointment, the School becomes a central place for lifelong professional development of already appointed judges and deputy state attorneys.

Special emphasis has been placed on the professional development of newly appointed judicial officials, in order to further develop their practical skills required for a quality performance of their duties during their first years of service.

Additionaly, the composition of the Programming Council of the Judicial Academy was extended from 13 to 17 members to represent all levels of judicial bodies and institutions whose practice is important for the application of EU law, including the High Criminal Court of the Republic of Croatia, the Office for the Prevention of Corruption and Organised Crime, the Office of the Representative of the Republic of Croatia before the European Court of Human Rights and representatives of the Ministry of Foreign and European Affairs responsible for representing Croatia before the Court of Justice of the European Union.


A system adjusted to the future needs of the judiciary

Amendments to the legislative framework have established a simpler and more efficient model of entry into judicial office, while maintaining high standards of professionalism and objectivity in the selection of candidates.

Administrative barriers that slowed down appointments have been removed, the early entry of young lawyers into the judiciary has been encouraged, and the transparency and efficiency of the functioning of judicial institutions has been further increased.

The new system creates the preconditions for the long-term strengthening of the judiciary and a more stable, modern and efficient judicial system of the Republic of Croatia.