Pregledni rad
THE DISPUTE OF FULL JURISDICTION ACCORDING TO THE 2010 ADMINISTRATIVE DISPUTE ACT
Bosiljka Britvić Vetma
; Pravni fakultet Sveučilišta u Splitu, Split
Sažetak
The aim of this article is to make a contribution to scientific elaboration of a complex issue concerning the administrative dispute of full jurisdiction. Having this in mind, the author presents a historical development of this institute. She gives an effort to determine socio-political conditions and causes which led to implementation of the administrative dispute of full jurisdiction as well as its character and purpose. The article also deals with issues which are likely to arise during the implementation of this legal means. Certain issues in court practice have been generalised and used as a basis to make positive theoretical conclusions. A special attention has been given to the administrative dispute of full jurisdiction in French law due to the fact that the administrative dispute of full jurisdiction has been a part of French legal system for centuries. The expression “administrative dispute of full jurisdiction” has originated from France. Therefore, it can be concluded that it was the French law which developed the administrative dispute of full jurisdiction in continental legal area.
In legal terms, „a full jurisdiction“ and „a full dispute“ have to be used as synonyms due to the fact that both legal institutes imply that a dispute is conducted by a judge who acts in his full judicial capacity having at disposal all legal means which are frequently used by judges. This is a controversial dispute with broad judicial powers and highly diverse procedural regimes. Disputed matters and questions filed to the court are heterogeneous. Due to numerous and diverse legal matters dealt with in the dispute of full jurisdiction, issues which could arise during the dispute are complex. Therefore, the aforementioned diversity prevents the author from making a detailed list of different types of administrative disputes of full jurisdiction.
Ključne riječi
administrative dispute of full jurisdiction; 2010 Administrative Dispute Act
Hrčak ID:
82240
URI
Datum izdavanja:
1.4.2011.
Posjeta: 4.320 *