Naslov
Influence of comparative law on the legal regulation of the administrative dispute in Croatia

Autori
Đerđa, Dario

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Administrative dispute in the Central and Eastern European States

Urednik/ci
Đerđa, Dario ; Galić, Ante ; Dobrić Jambrović, Dana ; Wegner, Joanna

Izdavač
Visoki upravni sud Republike Hrvatske

Grad
Rijeka

Godina
2021

Raspon stranica
37-59

ISBN
978-953-8034-34-3

Ključne riječi
administrative dispute ; comparative law ; Croatia

Sažetak
The paper analyzes how comparative law has influenced the creation of a new regulation of administrative disputes in Croatia. The shortcomings of the previous legal regulation are highlighted, and the procedure for adopting the 2010 Administrative Disputes Act is presented. Reference is made to examples of good practice in comparative law, which have helped to create basic legal institutes, specifically to expand the subject matter of administrative disputes, establish a two- instance administrative court system and strenghten the principle of adverserial proceedings. At the same time, institutes are mentioned that were copied into the Croatian legislation as exemplary from foreign legal systems, and from which the legislator later deviated without a conducted study. It is warned against the consequences of unreasonable changes in regulations, such as regulating the court's composition for resolving disputes. Finally, attention is paid to the example in Croatian law of the progressive standardization of court powers in resolving administrative disputes, which in the future could serve as an example to other states

Izvorni jezik
Engleski

POVEZANOST RADA