Law in Transition and Selective Perception (CROSBI ID 520059)
Prilog sa skupa u zborniku | izvorni znanstveni rad | međunarodna recenzija
Podaci o odgovornosti
Rodin, Siniša
engleski
Law in Transition and Selective Perception
The main proposition of the first part of the paper is that constitutional mandate of legal monism that is enshrined in the Croatian constitution is replaced by dualist practice of legislative branch and public administration. I will first explain how Croatian constitution, and Croatian courts deal with application of international law in general. I will proceed elaborating how association law, primary and secondary, is understood in the European union and in some candidate countries. Finally, I will discuss political practice and emerging doctrine in Croatia. In doing so I will deal with the relevant elements of the Stabilization and Association Agreement concluded between European Community and its Member States on one side and Croatia, on the other. In my concluding remarks I will criticize the emerging practice according to which the more precise an international obligations is, the more dualistic approach towards its implementation is applied. In the second part I will focus on two parliamentary practices that have cristallized from the 1990 onwards, namely, the practice of so-called authentic interpretation, and practice of stringent control of governmental action, especially in external relations domain. Both practices, I submitt, can be explained by a number of factors, such as, insufficient legislative framework, post-communist inertia and selective perception of key political actors, or specific political landscape. As such practices are significantly impairing ability of Croatia to integrate into decision-making structures of the European Union, they will, arguably, have to be changed before accession.
constitutional law; transition; harmonization; perception
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Podaci o prilogu
0-0-x.
2006.
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objavljeno
Podaci o matičnoj publikaciji
u pripremi
Arnold, Reiner
Regensburg: Unversitaet Regensburg
Podaci o skupu
VIII. International Congress on European Constitutional Law
pozvano predavanje
23.06.2006-24.06.2006
Regensburg, Njemačka