Naslov
EXISTING LEGAL FRAMEWORK IN CROATIAN LAW AND INCONSISTENT CASE LAW (COURT PRACTICE) AS INTERFERENCE TO AN INVESTMENT PROCESS

Autori
Kačer, Blanka

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
26th International Scientific Conference on Economic and Social Development - "Building Resilient Society" / Potočan, Vojko ; Kalinic, Pave ; Vuletić, Ante - Zagreb : Varazdin Development and Entrepreneurship Agency, Croatia ; Faculty of Management University of Warsaw, Poland ; University North, Koprivnica, 2017, 743-750

Skup
26th International Scientific Conference on Economic and Social Development - "Building Resilient Society"

Mjesto i datum
Zagreb, Hrvatska, 08.12.2017. - 09.12.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
case law (court practice), legal certainty, legal framework¬¬, the rule of law

Sažetak
In this paper, the author analyzes an aspect of legal uncertainty as interference to an investment process. It is the aspect that deals with the negative effects of the existing legal framework (which is constantly changing resulting in the fact that laws with only few amendments are very rare, which does not really respect terminology nor the essence of particular constitutional provisions, in which consolidated text of a law is a rarity even if it has been changed more than ten times, in which there are cases of legal amendment although the law has not been applied yet, cases in which the Constitutional court repeals the entire law which has not come into force yet, numerous cases where entire parts of law are changed by other laws thus creating a false image of what is, or is not in force, cases in which the law in its text as an existing court appoints the one that did not exist at the time of appointment, nor in the years thereafter, which in its text stipulates the prohibition of court protection even though it is contrary to the explicit provision of the Croatian Constitution ....). However, it is also about case law (including administrative court practice) that is not only mutually uncoordinated but also very unpredictable. Both have the same effect on the legal certainty (and on the rule of law because these are the two basic pillars of any legal state and two main goals of every country that wants to become legal) which is one of the preconditions for any investment interest. In one of the analyzed examples the amount of one million was charged for the construction which was later given up on, contrary not only to the law but also the case law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Rad je indeksiran u WOS-u.

POVEZANOST RADA