Naslov
Arbitration in Administrative Matters

Autori
Maganić, Aleksandra

Izvornik
Croatian arbitration yearbook (1330-6219) 26 (2019); 25-46

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
arbitration in administrative matters, public procurement, concession, administrative contracts, public interest

Sažetak
The settlement of certain administrative matters in Croatia by arbitration is an incentive to review the limits of objective arbitrability of administrative matters in a broad comparative sense. Namely, since legal provisions explicitly stipulate the possibility of settling concession disputes and disputes arising in the context of public-private partnership agreements by arbitration, it is necessary, first of all, to reconsider whether other administrative matters in Croatia could be settled in this way. The well- established practice of some governing bodies and different, more or less successful comparative experiences of national legal systems might help us answer these questions. However, this preliminary set framework for conducting a more detailed research into the pursuit of public interests in a primarily private-law procedure may also be the first step in uncovering the field that has not been researched enough yet. Therefore, the paper first outlines the specifics of arbitration in administrative matters in France and the role played by administrative courts in these proceedings. Secondly, it deals with the experience of settling tax matters and disputes relating to public procurement by arbitration in Portugal. Arbitration in administrative matters is available in Romania, as well, although there are serious doctrinal doubts about this. Finally, we will complete the presentation of various comparative models in the resolution of administrative matters by arbitration by presenting Croatian solutions – not only those that have explicitly been prescribed by law, but also those that have emerged from practice.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA