Naslov
Proactive Law as a Part of the Judiciary System Reform in the Republic of Croatia

Autori
Vukušić Bokan, Zoran

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
26th International Scientific Conference on Economic and Social Development - Building Resilient Society - Book of Proceedings / Potocan, V ; Kalinic, P ; Vuletic, A - Zagreb : VADEA, 2017, 524-532

Skup
26th International Scientific Conference on Economic and Social Development - Building Resilient Society

Mjesto i datum
Zagreb, Hrvatska, 08.12.2017. - 09.12.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Croatian judiciary system ; preventive law ; proactive law ; reform

Sažetak
This paper aims to indicate limits of curative abilities of the Croatian judiciary system (CJS) and points to the possibilities to improve said system by means of the proactive law (PL). The paper provides an analysis of certain tendencies in the CJS, general information on the PL and a possible positive effect of a wider PL implementation. During the last 5-year period, the CJS records generally lower numbers of unsolved cases, but the number of solved cases relates to the number of new cases. Such results cast doubts on the improvement of efficiency of Croatian judiciary as predominantly curative social instrument. The PL concept is opposite to such reactive model. The PL, sometimes being related to, or considered a synonym for, the preventive law, law as competitive source etc., has recently been supported by the European Economic and Social Committee (EESC) urging a shifting in the existing paradigms. Further local empirical researches have been restricted due to a limited material basis and novelty of the PL concept. The paper contains theoretical support and elementary directions for an effective CJS improvement in practice. Such improvement would have been primarily achieved by means of reducing the inflow of new court cases to the CJS, thus unburdening the CJS itself, allowing its limited capabilities to be redistributed towards an overall speed and quality, rather than quantity only. This paper thus promotes an innovative approach to structural problems of the CJS and the strategy of the CJS reform.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA