engleski

JUSTIFICATION OF EXCERCISING THE JUDICIAL PROTECTION REGARDING THE RIGHT TO THE INFORMATION ACCESS THROUGH THE SINGLE-INSTANCE ADMINISTRATIVE DISPUTE

Within the Croatian administrative law, the realisation of the administrative-judicial protection of the parties` right to access information is ensured in a specific manner and is therefore considered an exception from the organizational concept of the two-instance courts. The law suit is normally submitted to the first instance administrative court of the proper jurisdiction ; however, this specific administrative area allows the dissatisfied parties to seek the protection of their legal rights and interests by submitting the suit directly to the High Administrative Court of the Republic of Croatia. The author will thus analyse the features of this administrative area and the justified reasons for providing this type of protection of the right guaranteed by the constitution within the single-instance administrative dispute. Moreover, the author will try to determine the legislative reasons, their justification and the criteria regarding this legislative exception that can at the same time be used for proscribing possible exceptional administrative areas in which the legal protection will be applied. The author will furthermore question the role of the High Administrative Court of the Republic of Croatia as the first and last instance court, having in mind that the court mentioned functions as the second-instance court in the administrative dispute. By analysing the Report on the Act on the Right to Access the Information through a specific period, the author will reflect on the current state in the administrative practice and conclude whether this mechanism of legal protection is relevant for this legislative area. Conclusively, the author will state the key conclusions regarding the scientific matter at hand along with specific doubts related to the current legal solution of the disputed administrative-judicial protection.

access to information, special administrative area, judicial protection, first instance administrative dispute, High Administrative Court of the Republic of Croatia.

nije evidentirano