Naslov
Utjecaj presuda Europskog suda za ljudska prava na izvore prava u pravnom sustavu Republike Hrvatske
(The Influence of the European Court for Human Rights Case-law on the sources of law in the legal system of the Republic of Croatia)

Autori
Crnić-Grotić, Vesna

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Basic Concepts of International Law - Monism and Dualism

Urednik/ci
Novaković, Marko

Izdavač
Pravni fakultet Univerziteta u Beogradu ; Institut za uporedno pravo iz Beograda ; Institut za međunarodnu politiku i privredu u Beogradu

Grad
Beograd

Godina
2013

Raspon stranica
471-483

ISBN
978-86-7067-181-2

Ključne riječi
monizam, dualizam, izvori prava
(monism, dualism, sources of law)

Sažetak
Since the adoption of its Constitution in 1990, so even before its independence, Croatia has adopted a limited monistic approach to the sources of international law. Only treaties are superior to sources of national law, while the position of other sources is not specifically determined. Preparing for the full membership in the EU Croatia also adopted the necessary amendments to ensure the supremacy of the sources of the European law. By becoming state party to treaties such as the European Convention for Human Rights Croatia consequently accepted the obligation to implement judicial decisions by the relevant monitoring body, in this case the European Court of Human Rights. This article aims to investigate what was the influence of some of these decisions on the Croatian legal system. In some cases a judgment against Croatia provoked a change of legislation while in some it was a source of change in administrative practice. In some cases, however, it was a source of confusion and misunderstanding. It is obvious that neither the Croatian legislature nor its judiciary are trained to use the Court’s case-law, not even when limited only to Croatia, in interpretation of domestic law in accordance with the Convention. Considering that the same obligation will exist with respect to the case-law of the European Court of Justice it becomes obvious that Croatia has to step up its efforts to move away from its traditional forms of education and training of lawyers and ensure the full supremacy of international law.

Izvorni jezik
Hrvatski

Znanstvena područja
Pravo

POVEZANOST RADA