THE JUDICIAL TRAINEES AND BAR EXAMINATION ACT

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1 EU-projekt: Podrška Pravosudnoj akademiji: Razvoj sustava obuke za buduće suce i državne odvjetnike EU-project: Support to the Judicial Academy: Developing a training system for future judges and prosecutors NN 84/08 NN 75/09 Last check / zadnja provjera: THE JUDICIAL TRAINEES AND BAR EXAMINATION ACT Zakon o vježbenicima u pravosudnim tijelima i pravosudnom ispitu I GENERAL PROVISIONS Article 1 (1) This Act regulates the conditions for the admission of trainees to courts and state attorney s offices (hereinafter: judicial bodies ), the duration of traineeship, admission to the traineeship and to the professional programme, the scope and the method of conducting traineeship and professional practice for attorney and notary public trainees, and lawyers with a finalised university law degree working in state administrative bodies, local and regional self-governments and other legal entities, and persons employed in scientifically-educational, educational and associate professions at faculties who intend to take the bar examination. (2) The Act regulates the application procedure, the programme, the manner of taking the bar examination and its evaluation. 1

2 Article 2 The scope of the professional education of trainees is to enable them to meet the conditions for taking the bar examination, and to provide professional training in order for them to perform tasks in judicial bodies independently. II ADMISSION OF TRAINEES AND TRAINEESHIP WITHIN JUDICIAL BODIES Article 3 (1) Trainees in judicial bodies are civil servants employed for a determinate period for the duration of their traineeship as prescribed by this Act. (2) The provisions of the act regulating the rights and duties of civil servants apply to trainees correspondingly, unless otherwise stipulated by this Act. Article 4 (1) The Ministry competent for judicial matters shall determine the number of available trainee vacancies at courts and state attorney s offices on an annual basis. The number of trainee vacancies shall be determined in accordance with standards for determining the number of servants pursuant to regulations governing courts and state attorney s offices, at a proposal of the President of the Supreme Court of the Republic of Croatia ( RoC ) or Chief State Attorney, respectively. (2) In addition to planning a calendar year (short-term plan), a medium-term plan (for a period of two years) and a long-term plan (for a period of four years) shall also be introduced by the Ministry competent for judicial matters according to needs. (3) The admission plan referred to in paragraph 1 of this Article shall be formulated within 30 days from the day of entry into force of the state budget for the respective calendar year. Article 5 (1) A person complying with the following requirements is eligible for admission as a trainee: 1. has Croatian citizenship 2. is fit to work 2

3 3. has a university degree in law. (2) For the admission of a person who is a foreign citizen or a person without citizenship, in addition to meeting conditions prescribed by a special law, prior permission of the central state administrative body competent for servants' relations shall be required. (3) The following persons are not eligible as judicial trainees: 1. Persons against whom criminal proceedings are being conducted or persons convicted of crimes for which a minimum prison sentence of two years duration has been issued in accordance with domestic or international law for criminal acts against life and body, humanity, morale, public or private property, public administration and public interest or embezzlement in the public sector unless rehabilitation has been introduced in accordance with a special law, 2. Persons who were discharged from state service due to serious violation of their official duty, within four years after the termination of their state service, 3. Persons who were discharged from state service due to their failure to satisfy on trial period, within four years after the termination of their state service. (3) A person shall not be admitted as a trainee if there is an obstacle to his/her admission to the state service pursuant to the regulations on civil servants. (4) By way of derogation from paragraph 2 of this Article, citizens of EU Member States may be admitted as trainees in judicial bodies if they meet the requirements set out in items 2 and 3 of paragraph 1, and in paragraph 3 of this Article. Article 6 (1) Trainee vacancies determined by the admission plan shall be filled by means of a public announcement of vacancies by the Ministry competent for judicial matters. The announcement of vacancies shall be published in the Official Gazette and displayed on the web page of the Ministry of Justice. (2) Knowledge testing and evaluation of candidates shall be conducted by the Trainee Selection Committee composed of three members. (3) Members of the Trainee Selection Committee shall be appointed by the Minister of Justice for a two-year term. One member shall be appointed from high-ranking officials of the Ministry competent for judicial matters, one from the rank of judges at a proposal of the President of the Supreme Court of the RoC, and one from the rank of state attorneys and their deputies at a proposal of the Chief State Attorney of the RoC. (4) Each member shall have his/her three deputy, who are appointed in the same manner as a member. (5) Members of the Trainee Selection Committee shall be entitled to remuneration, as decided by the Minister competent for judicial matters in a separate resolution. 3

4 Article 7 (1) Trainee vacancies shall be filled with candidates who acquire the highest number of points during the selection procedure. (2) The total number of points shall be determined on the basis of results of grades acquired from university law studies, other achievements in graduate and postgraduate law studies, and on the basis of a written knowledge test and a conducted structured interview. (3) The number of points acquired from finalised law studies at university and other achievements in graduate and postgraduate law studies may amount to a maximum of 50% of the points. The number of points acquired at the written knowledge test shall amount to a maximum of 40% of the points, whereas a maximum of 10% of the points may be acquired on the basis of results achieved at the structured interview. (4) If there are more candidates with the same total number of points than the actual trainee vacancies, the candidates who acquired more points in the written knowledge test shall be selected. If the number of points remains equal, the priority shall be given to the underrepresented gender within the judicial body for which the selection procedure is being conducted. (5) The method by which the point values referred to in paragraph 2 of this Article are determined, the content of the written knowledge test and the structured interview shall be prescribed by Ordinance of the Minister competent for judicial matters. Article 8 (1) Once the procedure has been completed, the Trainee Selection Committee shall establish a list of candidates proposed for selection to the Minister competent for judicial matters. (2) Selected candidates shall be admitted to state service on a temporary basis by a decision of the Minister competent for judicial matters. (3) A candidate who was not selected as a trainee has the right to submit a complaint to the Minister competent for judicial matters, within 15 days from the receipt of the decision referred to in paragraph 2 of this Article. The complaint shall postpone the enforcement of the decision. The Minister competent for judicial matters shall decide on the complaint within 30 days. (3) A candidate who was not selected as a trainee has a right to file an administrative suit against the decision referred to in paragraph 2 above. (4) A candidate shall become a trainee on the first day of work. The first day of work is determined in accordance with a decision on assignment by the head of the judicial body to which a trainee is assigned. The first day of work may be postponed for justified reasons for a maximum of 60 days in accordance with a special decision issued in this regard. 4

5 (5) If a person admitted to state service does not start work on a specific day, the Minister competent for judicial matters shall declare the decision on admittance to state service and the decision on assignment of that person to a work place null and void. In that case, the candidate with the second highest number of points shall be selected. Article 9 Traineeship shall last for two years, unless otherwise stipulated by this Act. Trainees shall undergo traineeship at courts and state attorney s offices municipal, county, commercial and magistrates' courts, as well as municipal and county state attorney's offices. Article 10 (1) Traineeship consists of a practical part that shall take place at courts and state attorney s offices, and of participation in workshops organised by the Judicial Academy. (2) The professional education programme and the method of covering of costs shall be established in accordance with an Ordinance issued by the Minister competent for judicial matters. Article 11 (1) During their traineeship, court trainees shall spend not less than four months at a first instance civil department, two months at a first instance criminal department, one month at a second instance civil department, one month at a second instance criminal department, two months at a Commercial Court, and two months at a State Attorney s office. Until they meet the conditions for taking the bar examination trainees shall work in accordance with a schedule made by the head of the judicial body to which they are assigned. (3) During their traineeship, state attorney trainees shall spend not less than eight months of the practical part of their traineeship at a court, of which three months at a first instance civil department, three months at a first instance criminal department, one month at a second instance civil department and one month at a second instance criminal department. Until they meet the conditions for taking the bar examination trainees shall work in accordance with a schedule made by the head of the judicial body to which they are assigned. Article 12 (1) Workshops covering specific legal areas, in a total duration of two months, shall be organised by the Judicial Academy in order to enable trainees to acquire skills necessary 5

6 for the performance of practical work tasks in courts and state attorney s offices. Participation in workshops is obligatory. (2) The venue of and the time for professional education, the manner of participation in workshops, the method of their evaluation and the supervision of their organisation shall be prescribed by Ordinance of the Minister competent for judicial matters. (3) After the conditions necessary for taking the bar examination have been met, trainees are entitled to a two-month period to prepare for the bar examination. They shall timely inform in writing the head of the judicial body to which they are assigned as trainees about the time period when they intend to exercise that right. (4) During the remaining part of their traineeship up to its expiry, the placement of trainees shall be carried out in accordance with the provision of paragraphs 1 and 2 of Article 11 of this Act. Trainees shall carry out tasks in accordance with their mentors instructions in order for them to pursue their professional training. (5) Trainees may be permitted to undergo a part of their traineeship out of court and state attorney s offices at a proposal of the head of the body to which they are assigned. The proposal is submitted for approval to the Ministry competent for judicial matters. Mentors are appointed by the Minister competent for judicial matters in agreement with the head of the body to which a trainee is assigned. (5) A trainee may be permitted to undergo a part of his/her traineeship out of the judicial body to which he/she is assigned, pursuant to the agreement of the head of such judicial body to which a trainee is assigned for the purpose of his traineeship. Article 13 (1) Trainees shall have mentors who supervise their work and professional education during the practical part of their traineeship. Mentors shall be appointed by the head of the judicial body to which a trainee is assigned. (2) Mentors may be judges and state attorneys or deputy state attorneys who have completed their mentor training at the Judicial Academy and who are appointed as mentors in accordance with the annual work plan. (3) Duties of a mentor are to stimulate the interest and efforts of trainees and prepare them for responsible fulfilment of practical tasks. A mentor may not have more than two trainees at one time. The work with trainees shall enjoy equal status as that of other work tasks. The evaluation of work with trainees shall be regulated by the framework standards applied for the workload of judges, state attorneys and deputies. (4) In any part of their training, trainees shall write obligatory written papers. The type and number of obligatory papers to be drawn up in any of the parts of professional training shall be prescribed by Ordinance of the Ministry competent for judicial matters. (5) A trainee shall keep a journal of his/her traineeship performance. The journal form shall be regulated by a special Ordinance issued by the Minister of Justice. (6) The supervision of traineeship performance in courts and state attorney s offices shall be carried out by the head of the judicial body in cooperation with mentors to whom 6

7 trainees have been assigned. Article 14 (1) During the practical part of their traineeship, trainees shall carry out tasks assigned to them by their mentors in a continuous and gradually more independent manner, thus preparing themselves for admission to the bar examination and for an independent performance of practical tasks. (2) When a mentor has established that a trainee has acquired a sufficient level of knowledge enabling him/her to carry out certain tasks on his/her own, the trainee shall be allowed to: 1. undertake actions in less complicated civil and extrajudiciary procedures in the course of a main hearing in the presence of and instructed by a judge; 2. conduct investigative actions in the presence of and instructed by an investigative judge; 3. question witnesses in criminal cases with a prescribed prison sentence of up to three years in the presence of and instructed by a judge; 4. conduct hearings and other activities pertaining to a state attorney s office in the presence of and instructed by a deputy state attorney, 5. represent plaintiffs at a main hearing in a municipal court in first instance criminal cases with a prescribed prison sentence of up to three years in the presence of and instructed by a deputy state attorney and to undertake actions under supervision before a misdemeanour court; 6. to take and record criminal notices and other statements given at a state attorney s office in the presence of and instructed by a deputy state attorney. Article 15 If a traineeship is suspended due to an uninterrupted sick leave exceeding a 6-month duration or maternity leave, professional education shall be extended for the duration of the suspended period. A traineeship suspended due to another important reason may be extended for the duration of the suspended period. A decision on the extension of traineeship shall be issued by the Ministry competent for judicial matters. Article 16 (1) A traineeship shall terminate in the following cases: 7

8 - upon expiry of the time period for which a trainee has been admitted; - termination due to reasons prescribed under the provisions of the Civil Servants Act; - upon agreement; - by force of law due to reasons prescribed under the provisions of the Civil Servants Act. (2) The decision on termination shall be issued by the head of the judicial body. (3) The decision referred to in paragraph 2 of this Article is an administrative act. A complaint against this decision is submitted to the Minister competent for judicial matters within 15 days from the day of the receipt of such a decision. A complaint shall postpone the enforcement of the decision. The Minister competent for judicial matters shall decide on the complaint within 30 days. III BAR EXAMINATION PREPARATION TRAINEESHIP FOR TRAINEES AT ATTORNEY S OFFICES AND NOTARY PUBLIC OFFICES, STATE ADMINISTRATIVE BODIES, LOCAL AND REGIONAL SELF-GOVERNMENTS AND OTHER LEGAL ENTITIES Article 17 (1) The Attorney Trainees Education Programme and the duration of attorney traineeship is regulated by the Attorneys Act, where the theoretical part of their professional education shall have a duration of not less than 150 hours in accordance with a programme that has to be harmonised with the programme of the Judicial Academy. (2) Within 3 months after the day of the entry into records of attorney trainees, the Croatian Bar Association shall inform the Ministry competent for judicial matters about their registration. (3) The method of financing the professional education referred to in paragraph 1 of this Article shall be regulated by Ordinance of the Minister competent for judicial matters if the education is provided at the Judicial Academy. Article 18 (1) The Notary Public Trainees Education Programme and the duration of notary public traineeship shall be regulated by the Notaries Public Act. (2) Notary public trainees shall spend not less than 160 hours at a court as a part of their professional education. The practical part of their traineeship shall be carried out in the same manner as for trainees in accordance with Articles 11 and 12 of this Act. The theoretical part of their professional education shall have a duration of not less than 150 8

9 hours according to the programme that has to be harmonised with the programme of the Judicial Academy. (2) Notary public trainees shall spend no less than 160 hours at court as part of their professional training according to the schedule devised by the president of the court. The theoretical part of the traineeship shall have a duration of no less than 150 hours according to the program that has to be harmonized with the program of the Judicial Academy. (3) Notary public trainees shall be assigned to courts where they shall pursue their professional education in accordance with a decision of the Minister competent for judicial matters pursuant to paragraph 2 of this Article. The Croatian Bar Association shall be informed thereof. (3) Notary public trainees shall be assigned to courts where they shall pursue their professional education in accordance with the decision of the president of the court, at a proposal of the Croatian Notary Public Association. (4) A court at which a notary public trainee is undergoing his/her traineeship shall issue a written certificate confirming that the trainee has spent the necessary time in professional education at court under its supervision. (5) The method of financing the professional education referred to in paragraph 2 of this Article shall be regulated by Ordinance of the Minister competent for judicial matters if the education is conducted at the Judicial Academy. The Minister may also adopt a method of financing of the practical part of traineeship. Article 19 (1) Lawyers employed in state administrative bodies, local and regional selfgovernments, other legal entities, and other persons employed in scientificallyeducational, educational and associate professions at law faculties, as well as other persons who meet the requirements referred to in Article 5, paragraph 1, of this Act who intend to take the bar examination shall, for the purpose of their professional education, spend at a court not less than half of the time prescribed for court trainees in accordance with Article 11, paragraphs 1 and 2 of this Act at court no less than nine months. (2) The practical part of their traineeship shall be carried out in the same manner as for judicial trainees, in accordance with Articles 11 and 12 of this Act. Practical part of the traineeship shall be carried out according to the schedule devised by the president of the court, which shall be harmonized with the schedule of the professional training of judicial trainees. The theoretical part of their professional education shall have a duration of not less than 150 hours according to the programme that has to be harmonised with the programme of the Judicial Academy. (3) Lawyers referred to in paragraph 1 of this Article may submit a request to the Ministry competent for judicial matters president of the court to participate in traineeship after a minimum of one year of work on legal jobs. The request shall be 9

10 supplemented with an approval of their employer and relative employment contract or a decision on admission to service. (4) The Minister competent for judicial matters shall assign lawyers referred to in paragraph 1 of this Article to a court where they will pursue their professional education. (4) The president of the court shall assign persons referred to in paragraph 1 of this Article to a court where they will pursue their professional education. (5) The manner of carrying out and the method of financing the traineeship referred to in paragraphs 1 and 2 of this Article shall be regulated by Ordinance of the Minister competent for judicial matters. (5) Minister competent for judicial matters shall define the remuneration for the persons referred to in paragraph 1 of this Article for their participation in professional workshops of the Justice Academy, provided the theoretical part of their professional education is either partially or entirely conducted at the Judicial Academy. IV BAR EXAMINATION AND PREREQUISITES FOR ADMISSION TO THE BAR EXAMINATION Article 20 (1) The organisation of bar examinations shall lie within the competence of the Ministry competent for judicial matters. (2) The bar examination shall be taken before an Examination Committee consisting of five members. Members of the Examination Committee and a minimum of five deputy members for each group of subjects in accordance with the provision of Article 26, paragraph 2 of this Act, shall be appointed by a resolution by the Minister competent for judicial matters. (3) A secretary of the Examination Committee and his substitutes shall be appointed by a resolution referred to in paragraph 2 of this Article. They shall perform technical and administrative work for the Examination Committee. (4) Members of the Examination Committee must be lawyers having not less than 15 years of work experience in the legal profession after passing the bar examination. (5) Secretary of the Examination Committee and his/her substitutes shall be lawyers who have passed the bar examination. (6) The term of office of the Examination Committee members shall be two years. Members of the Examination Committee may be reappointed. (7) The members of the Examination Committee who participated in the employment procedure regarding a particular trainee or in workshops during his/her professional education, or were his/her mentor may not take part in the oral examination of that particular candidate. 10

11 (8) The amount and method of payment of bar examination expenses shall be regulated by Ordinance of the Minister competent for judicial matters. (9) The members and the secretary of the Examination Committee shall receive remuneration as defined in a separate resolution by the Minister competent for judicial matters. Article 21 (1) Court and state attorney trainees comply with the requirements for taking the bar examination after 18 months of traineeship and after the programme has been completed in accordance with this Act. (2) The application for taking the bar examination shall be filed by the head of the judicial body to which a trainee is assigned within 15 days after the day when a trainee met the requirements for taking the bar examination. (3) If the head of the judicial body to which a trainee is assigned does not file an application for taking the bar examination within the prescribed deadline, a candidate himself/herself may submit the application providing evidence on meeting the necessary requirements. (4) The application must be submitted not later than the expiry of 30 days after the day when the conditions for taking the bar examination were met. Article 22 (1) The conditions for taking the bar examination are met by: - attorney trainees after completing 18 months of attorney training and if the requirement set out in Article 17 of this Act has been met; - notary public trainees after completing 18 months of notary public training if the requirements set out in Article 18 of this Act have been met; - lawyers with a finalised university law degree working in state administrative bodies, local and regional self-governments and other legal entities, and persons employed in scientifically-educational, educational and associate professions at faculties after 36 months of performing legal tasks and if the requirements set out in Article 19 of this Act have been met. (2) An application for taking the bar examination by attorney and notary public trainees, and lawyers referred to in paragraph 1, subparagraph 3 of this Article shall be submitted by candidates themselves. Candidates shall also present a certificate testifying that they comply with the requirements. (3) The Ministry competent for judicial matters shall establish whether a candidate complies with the requirements for taking the bar examination and shall determine the time for taking the written part of the examination. 11

12 (4) The time for admission of candidates to the written part of the examination shall be determined between the 60th and 90th day after submitting the application for taking the bar examination. (4) The time for admission of candidates to the written and the oral part of the examination shall be determined by the Ministry competent for judicial matters in a schedule. (5) A candidate may file a complaint against a decision establishing that the candidate does not comply with the requirements for taking the bar examination. The Minister competent for judicial matters shall issue a decision regarding the complaint within 30 days. (5) A resolution stating that a candidate does not fulfill the prerequisites for the bar examination is final. It cannot be appealed against, however an administrative suit can be filed. Article 23 (1) The written part of the exam shall consist of three papers. Two papers shall consist of drawing up of complete first instance judgments, one in the domain of the civil law and one in the domain of the criminal law, based on concrete case files. The third paper shall be written in the domain of the labour, commercial or administrative law of candidate s free choice and it may not necessarily be based on a concrete case file. (2) Upon request of the Examination Committee, courts shall deliver to the Ministry competent for judicial matters the requested number of cases. (3) Papers shall be written by candidates under their personal passwords as determined by the Ministry competent for judicial matters. Papers shall not contain any elements identifying a candidate. (4) Minutes shall be taken of the drawing up of written papers. (5) The manner of selecting subjects of written papers, the time and place of writing, allowable accessories, the supervision over the written part of the examination, as well as the time allowed for writing the papers shall be regulated by Ordinance of the Minister competent for judicial matters. Article 24 In case of disturbance during the regular course of the bar examination, the Examination Committee may: 1. allow extra time for the written examination in compensation for the time lost; 2. order or enable a particular or all candidates to be re-admitted to the test. (2) A candidate may not invoke any exception due to a disturbance if during the written test he/she did not notify a member of the Examination Committee thereof. 12

13 Article 25 (1) If a candidate should fail to hand in his/her written paper within the prescribed time frame, it shall be considered that he/she failed the examination. (2) Any written paper handed in on time shall be examined and marked separately by two members of the Examination Committee. Papers are marked in accordance with Article 28, paragraph 2 of this Act. If a written paper has been marked differently, the final number of points of a written paper shall consist of the grade point average. (3) Marking of written papers shall be carried out prior the oral part of the bar examination. Candidates have to attain not less than six points for each of the civil and criminal judgments in order for them to be admitted to the oral part of the bar examination. (4) After the evaluation of written papers has been completed, members of the Examination Committee may be informed of the candidate s identity and candidates may be informed of the identity of examiners. (5) Candidates shall be informed of the number of points achieved at the written part of the examination by the secretary of the Examination Committee not later than two weeks before the oral examination. Article 26 (1) A candidate shall take the oral part of the bar examination within 2 months after his/her last written paper. (2) The oral part of the examination shall consist of examinations in the following five groups of subjects: - Civil and Commercial Law - Civil Procedural and Family law - Criminal and Criminal Procedural Law, - Labour and Administrative Law, - Constitutional Order, Fundamentals of the EU System and the Organisation of the Judiciary. (3) The oral examination shall be taken before the Examination Committee. The entire examination shall be conducted in the constant presence of all members of the Examination Committee. The Chair of the Examination Committee shall be in charge of the oral examination and ensure that during the oral examination candidates are questioned in an appropriate manner and that the order is kept. (4) Not more than four candidates shall be invited to the oral examination at the same time. (5) The manner of conducting the oral part of examination and under what conditions listening to the bar examination is allowed shall be regulated by Ordinance of the Minister competent for judicial matters. 13

14 Article 27 (1) Decisions of the Examination Committee shall be made by majority vote. No member can abstain from voting. (2) After the oral examination regarding a particular group of subjects has been completed, the Examination Committee shall evaluate candidates knowledge in accordance with the provision set out in Article 28 of this Act. After the completion of the entire examination, the total number of points attained at the bar examination shall be established, and a decision on the result of examination shall be made and candidates shall be informed thereof. If a candidate does not want a decision to be disclosed in the presence of other candidates, the decision regarding a particular candidate shall be disclosed in the presence of the Examination Committee only. (3) The course of the examination shall be recorded in the minutes signed by all members of the Examination Committee secretary of the Examinations Committee and a candidate. (4) The content of the minutes shall be regulated by Ordinance of the Minister competent for judicial matters. Article 28 (1) A maximum of 100 points may be attained at the bar examination. (2) A maximum of 10 points may be attained for each written paper. (3) The oral parts of examination are graded by particular groups of subjects: - Civil and Commercial Law 15 points - Civil Procedural and Family law 15 points - Criminal and Criminal Procedural Law 15 points - Labour and Administrative Law 15 points - Constitutional Order, Fundamentals of the EU System and Organisation of the Judiciary 10 points. (4) The number of points attained at the bar examination shall be taken into account in the selection procedure for the National School for the Judiciary. Article 29 (1) Chair of the Examination Committee shall establish that a candidate has failed the bar examination without conducting any oral examination in the following circumstances: 1. If a candidate should fail to meet the requirements set out in Article 25, paragraph 3 of this Act during the written part of examination or should withdraw from the already started written exam without a justified reason. 14

15 2. If a candidate should fail to appear at the oral part of the bar examination without a justified reason. (2) If a candidate should leave the oral part of the bar examination without a justified reason, it shall be considered that he/she failed the bar examination. (3) If a candidate has attained less than 5 points in a particular group of subjects at the oral examination, it shall be considered that he/she failed the examination. (4) A candidate who has acquired less than 56 points fails the examination. Article 30 (1) The already commenced examination may be postponed if a candidate is prevented from continuing the examination due to illness or another justified reason. (2) A decision on re-admittance to the examination shall be made by the Examination Committee if an application in this regard has been submitted by a candidate. The application shall be filed within 8 days after the reason for exam postponement ceased to exist, but not later than 3 months after the date when a candidate was scheduled to appear at the bar examination. (3) If a candidate does not file an application for re-admittance to the examination within the deadline referred to in paragraph 2 of this Article, or if his/her application has been rejected, it shall be considered that he/she failed the examination. (4) Any complaint against the decision of the Examination Committee referred to in paragraph 2 of this Act shall be submitted within 3 days to the Minister competent for judicial matters. Article 31 (1) A candidate who fails the examination may reapply for it may retake it after the expiry of 4 months from the day when the exam was taken. In case of retaking the exam, a candidate shall take the entire bar examination again. (2) If a candidate does not retake the bar examination, it shall be considered that he/she failed the examination. (3) If, due to extraordinary circumstances, a candidate should withdraw from the exam before the start of a retake exam, it shall be considered that he/she did not take the examination. Article 32 (1) If a trainee attained a minimum of 70 points at the bar examination, upon expiration 15

16 of the deadline referred to in Article 9 of this Act his/her traineeship shall be extended for additional 6 months following the passage of the bar examination. (2) During the extension of traineeship, a trainee shall participate in special workshops of the Judicial Academy and act upon instructions of his/her mentor in order to prepare for tasks as a court or state attorney advisor respectively and prepares himself/herself for taking the entrance exam to the National School for the Judiciary. V TRANSITIONAL AND FINAL PROVISIONS Article 33 (1) All persons referred to in Article 13 of the Judicial Trainees and Bar Examination Act (OG No. 54/74, 29/78, 13/90), as well as notary public trainees, who were admitted to work before entering into force of this Act meet the requirements for taking the bar examination in accordance with the Judicial Trainees and Bar Examination Act. (2) All persons who will have complied with the requirements for taking the bar examination in accordance with paragraph 1 of this Article by entry into force of this Act shall take the bar examination under that Act by 31 August (3) As of 1 September 2009, all candidates shall take the bar examination in accordance with the provisions of this Act, regardless of the Act under which they have met the requirements for taking the bar examination. Article 34 Ordinances under the competence of the Minister competent for judicial matters shall be adopted within 15 days after the day of entry into force of this Act. Article 35 The Judicial Trainees and Bar Examination Act (OG No. 54/74, 29/78 and 13/90) shall cease to have effect by virtue of entry into force of this Act. Article 36 This Act shall be published in the Official Gazette and shall enter into force on 1 January 16

17 2009, with the exception of the provision of Article 5, paragraph 4, which shall apply as of the day of the admission of the Republic of Croatia into the EU. 17