The court unanimously dismissed as unacceptable the provision under which ethnic minorities that account for more than 1.5% of the total population should be guaranteed in advance at least three seats in Parliament based on a general voting right.

The court found that the institute of a double voting right for the ethnic minorities was not questionable, adding that the ethnic minorities have the right to vote for their representatives in 10 constituencies based on a general voting right and in special constituencies for minorities. It, however, said that because of the provision in question these rules, as specified in the Constitutional Law on the Rights of National Minorities, may not be applied at the forthcoming parliamentary election.

Parliament was left with a possibility of adopting new legislation that would regulate issues contained in the annulled article in such a way as would meet constitutional standards, but until then it was required to apply the rules that had existed before it amended the law in June 2010.

"From the point of view of constitutional law, it is not allowed to predetermine by law the number of parliamentary seats for any minority on any ground," the court said in its ruling.

The court examined the constitutionality of the Constitutional Law at the request of the Serb Democratic Forum, the Croatian Helsinki Committee for Human Rights and the Socialist Party.

Constitutional Court president Jasna Omejec stressed that the court ruling did not change the principle laid down in the Constitutional Law according to which ethnic minorities elect eight representatives for Parliament (the Serbs, as the largest minority, choose three representatives, while the other minorities, which account for less than 1.5% of the total population, choose five).