Naslov
The reform of administrative disputes system in Croatia
(Reforma sustava upravnog sudovanja u Hrvatskoj)

Autori
Staničić, Frane ; Ofak, Lana

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
Judicial Reforms and Their Implications in Central and Eastern Europe / - , 2012

Skup
Judicial Reforms and Their Implications in Central and Eastern Europe

Mjesto i datum
Iaşi, Rumunjska, 25.10.2012. - 26.10.2012

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
administrative dispute; reform; Croatia
(upravni spor; reforma; Hrvatska)

Sažetak
The administrative disputes system in Croatia has undergone a significant change in the last few years. The whole body of administrative law in Croatia is changing at a very fast pace. The reason for rapid changes is twofold: firstly, there were no significant changes in the areas of administrative procedure and administrative disputes since the independence in 1991, and secondly, on 6th November 1997, Croatia entered into a new phase in its legal development, by ratifying the European Convention for the Protection of Human Rights. This ratification had an enormous impact on Croatian legal system, and, thus, on administrative law and administrative disputes, respectively. Because of it, and especially in the light of the EU accession negotiations, the legislator had to change the administrative disputes system, acknowledging the fact that it was not in full concordance with the Convention. In the accession negotiations, the nonconformity of the Act on Administrative Disputes with the article 6 of the Convention (and article 47 of the EU Charter of Fundamental Rights) was pointed out in various documents and progress reports. The Croatian legislator adopted new Act on Administrative Disputes on 28th January 2010, which entered into force on 1st January 2012. The new Act has brought a multitude of changes in Croatian administrative disputes system: two-stage adjudication, obligatory oral hearing, administrative courts as courts of full jurisdiction etc. The authors will analyze the impact of these changes in Croatian legal system. To show potential threats and to compare them with its neighboring countries that shared the same legal regulation in the past, the authors will, in short, analyze the problems that Slovenia has in the area of administrative disputes, and they will briefly explain the regulation of administrative disputes in Serbia, which applies the Act on Administrative Disputes from 2009 which still needs to be fully aligned with European standards for judicial review of administrative acts.

Izvorni jezik
Engleski

POVEZANOST RADA