engleski

Appeals in procedures for obtaining a construction permit and a certificate of occupancy

According to the European Commission, the construction industry is a very important part of the overall economy of the European Union. In the EU territory, this sector provides 18 million jobs and contributes to about 9% of the Union’s GDP. Accordingly, in order to facilitate the earliest possible start of construction without undue delays, it is important to make the procedure for obtaining a construction permit and an occupancy certificate as efficient as possible. Effective oversight mechanisms also contribute towards this objective. This paper aims to analyse effectiveness and efficiency of the oversight mechanism of appeals as an ordinary remedy specifically in the special administrative procedures for obtaining a construction permit and an occupancy certificate in the Republic of Croatia. For the purpose of a scientific approach to the researched subject, this paper employs analysis and synthesis as well as inductive and deductive research methods for the theoretical part of the paper. A portion of the results of an empirical research conducted in development of the author’s doctoral thesis is also analysed for the purposes of the paper and the analysis employs descriptive statistical methods. In order to gather relevant information for the purposes of the paper, secondary data was requested from the Ministry of Construction and Physical Planning of the Republic of Croatia through an information access request submitted by the author in compliance with provisions of the Right to Access Information Act. In the paper logical and teleological interpretation methods are used. An analysis of overall research results, within concluding considerations, offers recommendations for improvements of the system intended to render future appeals in the procedure for obtaining a construction permit and an occupancy certificate a more effective and more efficient remedy.

Appeal, construction permit, occupancy certificate, administrative proceedings

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