Naslov
Instrumenti zaštite kolektivnih interesa i prava u hrvatskom pravu - između stvarne potrebe za jačanjem vladavine prava i efikasnog pravosuđa te mogućih nesnalaženja

Autori
Jelinić, Zvonimir

Izvornik
Godišnjak Akademije pravnih znanosti Hrvatske = Yearbook Croatian Academy of Legal Sciences (1847-7615) 5 (2014), 1; 116-143

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, izlaganje sa skupa, znanstveni

Ključne riječi
procesne mogućnosti ; kolektivna tužba ; zajednička prava i interesi ; učinkovitost pravosuđa

Sažetak
Procedural instruments for the protection of collective rights and interests in Croatian law were first passed in the Act for Protection of Consumers and in the Anti-Discrimination Act, while later they were integrated in the Civil Procedure Act which now serves as a general legal framework for collective procedures. As of late, we are seeing that the right to collective protection has its realization in practice. Namely, information on practical application of collective redress mechanisms can be traced in media since one consumer association has managed to bring a class action before the Commercial Court in Zagreb aspiring to protect the rights of its members - borrowers of Swiss franc denominated loans. On a comparative level, the study of historical developments in the field of class action necessarily brings us to the need to study the content and development of this instrument in American law in which class action develops throughout the twentieth century to the very present day, when class action system produces certain controversy. On the other hand, strong momentum for development of collective redress mechanisms in Europe arrives with the development of the EU consumer protection law. The outcome is implementation of various models of collective redress mechanisms in the legal systems of countries which did not recognize such a concept before. In this article the author examines the nature and the scope of the systems of collective redress which had developed in the body of Croatian law. It is being considered do present arrangements show capabilities to protect citizens' interests and rights more effectively in contrast to individual forms of legal protection. It is widely known that the latter are burdened with various problems ; high costs of access to justice, lengthy procedures, a proper selection of legal representative etc. Particularly, the author shows concerns about the issue of funding which has been recognized as one of the key elements needed to foster class action application in practice. The author also examines the extent to which current national framework for collective redress is able to contribute the rule of law and improve the effectiveness of the Croatian judiciary altogether.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA