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The Application of the European Principle of the Effective Judicial Protection Regarding Administrative Courts with emphasis on Appeal Rights

For the purposes of ensuring basic rights within the EU are to be respected, the member state is obliged to enforce the system of legal remedies and procedures in order to assure the rights to effective judicial protection. The protection of subjective rights of the individuals established by the acquis communautaire is to be ensured on the national level, under the jurisdiction of national courts. It is thereby necessary to regulate the relationship and influence of the European Court of Human Rights and the Court of Justice of the European Union on the national administrative procedural law. This paper focuses on reviewing the principle of loyal cooperation based on which the Croatian administrative courts as European courts should contribute to the European law being effectively applied. Furthermore, it aims to question the significance and role of the administrative courts in the Republic of Croatia by analysing the court practice applied for the purposes of protecting the European principle of effective judicial protection as well as those intended to ensure the adequate legal protection by using appeal in the administrative dispute. The author is going to analyse the Law on Administrative Disputes regarding the appeal processes and by doing so is going to review the administrative court practice by applying the case method in order to observe whether or not is the aforementioned European principle being followed and applied by the national administrative courts.

effective legal protection, national courts, administrative court, appeal, cooperation, European Administrative Law.

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