Naslov
Croatia: Supreme Court Between Individual Justice and System Management

Autori
Uzelac, Alan ; Bratković, Marko

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Supreme Courts Under Pressure. Controlling Caseload in the Administration of Civil Justice

Urednik/ci
Bravo-Hurtado, Pablo, van Rhee, Cornelis Hendrik

Izdavač
Springer

Grad
Cham

Godina
2021

Raspon stranica
127-152

ISBN
978-3-030-63730-9

Ključne riječi
Supreme Court, Croatia, second appeal by permission

Sažetak
The Supreme Court of the Republic of Croatia is an excellent example of an overburdened Supreme Court. The prevailing opinion on the role of the Supreme Court in Croatia is that its adjudication in the further (second) appeal procedure serves both the individual and the public purpose, i.e. both individual justice and system management. The authors of this contribution are of the opinion that such an approach is unsustainable, and that an unclear definition of the purpose of supreme adjudication is the main cause of the case overload problem. The Croatian experience with two types of second appeal (‘ordinary’ and ‘exceptional’) suggests that a combination of different criteria for the admissibility of cases to the Supreme Court (amount in dispute and importance of legal issue for the uniform application of the law) is not yielding the desired results, but rather has the effect of confusing both the judges of the Supreme Court and the attorneys of the parties as to the actual purpose of second appeal.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA