Naslov
Stabilization and Association Agreement-A Hostage of Dualist Inertia

Autori
Rodin, Siniša

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
CROATIA ON THE PATH TO THE EU: Political, Legal and Economic Aspects

Urednik/ci
Bruha, Thomas ; Vrcek, Bojana ; Graf Wass von Czege, Andreas

Izdavač
Europa-Kolleg Hamburg ; Institut für europäische Integrationsforschung

Grad
Hamburg

Godina
2003

Raspon stranica
37-47

ISBN
X

Ključne riječi
Accession, European union, legal dualism, direct effect, constitution, ratification

Sažetak
The main proposition of this paper is that constitutional mandate of legal monism that is enshrined in the Croatian constitution is replaced by dualist practice of legislative branch and public administration. I will first explain how Croatian constitution, and Croatian courts deal with application of international law in general. I will proceed elaborating how association law, primary and secondary, is understood in the European union and in some candidate countries. Finally, I will discuss political practice and emerging doctrine in Croatia. In doing so I will deal with the relevant elements of the Stabilization and Association Agreement concluded between European Community and its Member States on one side and Croatia, on the other. In my concluding remarks I will criticize the emerging practice according to which the more precise an international obligations is, the more dualistic approach towards its implementation is applied.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA