engleski

The legal effects of the Lex Agrokor Act and its significance in regional and security context

The paper examines the meaning, content and legal effect of the decision of the Constitutional Court of the Republic of Croatia on the conformity of the Act on Extraordinary Administration Procedure in Companies of Systemic Importance for the Republic of Croatia – Lex Agrokor (“Official Gazette” No. 32/17. ; hereinafter: the Act) with the Constitution, and its significance in regional and (national) security context. The Act has significantly changed the legal system of the Republic of Croatia, which has hitherto regulated insolvency law, company law and contractual relations, which have been applied in Croatian legal tradition for years, and introduced new standards governing specific situations of corporate insolvency of systemic importance for the Republic of Croatia. Since 2 May 2018, by decision No. U-I-1694/2017 et al., the Constitutional Court established the constitutionality and conformity of the disputed Act with the Constitution by not accepting the proposals of the twelve petitioners for review of its constitutionality. The procedures before the the Constitutional Court were unique in the existing Constitutional Court practice, and the legislative and executive authorities passed the test of justification for the adoption of this Act, therefore undoubtedly contributing to the economic stability of the Act, and consequently (in)directly affecting the regional-demographic phenomenon, and ultimately the protection of national interests and security. Therefore, the authors in this paper (by case study method, normative analyses, ) give an overview of the course and characteristics of the Constitutional court procedures, determine under which basic constitutional values and principles (such as: welfare state, social justice, security, the requirement of proportionality, legitimate aim, the rule of law and equality, and due process) the Constitutional Court has classified the petitioners' stated objections, and provide an overview - the connection between the legal effect of the challenged Act for the legislator and its effect in the regional and security context.

extraordinary administration ; Continutional Court of the Republic of Croatia ; economic system ; demographic impact ; security aspect

nije evidentirano