Home > 1.2.3 Equality and national minorities > CROATIA - Act on Local Elections 2012 and Act on Amendments 2016
 
 
 
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Article 107
 

(1) When establishing the election results, the competent election commission shall establish whether the appropriate representation of national minorities has been achieved at the elections held.


(2) If at the elections the appropriate representation of members of national minorities is not achieved in the representative body of the unit, pursuant to the provisions of the Constitutional Act on the Rights of National Minorities, the number of members of the representative body of the unit shall be increased to the number needed to achieve that appropriate representation.


(3) The right to additional members of the representative body shall be exercised by the list or lists which, through the application of Article 84, paragraph 2 of this Act with regard to an increased number of members of the representative body, shall realise the right to councillors.
If on a certain list there are no candidates who are members of a minority whose representation was not achieved at the elections, or if there are no more unelected candidates who are members of a minority whose representation was not achieved at the elections, the next list which realises the right to an additional member shall have the right to an additional elected member.


(4) From each list of candidates, as many candidates, who are members of a minority for which an appropriate representation was not achieved at the elections, shall be elected as is the number of additional candidates to which the list became entitled through the application of the provisions of the previous paragraph. That number of candidates shall be deemed to be elected first who are members of a national minority whose appropriate representation was not achieved according to their order on the list.


(5) If several national minorities have the right to representation in the representative body and their representation is not secured, when determining the elected members of an individual list, the order of candidates on the list shall be taken into consideration.


(6) If through the application of paragraph 2 of this Article there is an increase in the number of members of the representative body, the number of members of the representative body shall be increased by the number of members that are lacking to ensure the appropriate representation of members of national minorities, in which case the number of members of the representative body may be even.


(7) If through the application of the provisions of this Article the appropriate representation of national minorities in the representative body of the unit is not provided, paragraphs 3-6 of this Article shall be applied to the lists which did not receive 5% of the valid votes at the elections.


(8) If even the application of paragraph 7 of this Article does not achieve the appropriate representation of national minorities in the representative body, the Government of the Republic of Croatia shall call additional elections for representatives of national minorities within 90 days from the constitution of the representative body of the unit.