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REPREZENTATION IN CIVIL PROCEEDINGS AND ADMINISTRATIVE PROCEEDINGS AND DISPUTES: THE NEED TO ENSURE A MORE SYSTEMATIC APPROACH TO THE MATTER OF REPRESENTATION

Zvonimir Jelinić ; Pranvi fakultet u Osijeku


Puni tekst: hrvatski pdf 201 Kb

verzije

str. 57-69

preuzimanja: 877

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Sažetak

It is beyond any doubt that only a representation by qualified person in court proceedings can contribute to the overall increase in the quality of justice and protection of the party’s rights before courts. It is also assumed that representation by the professional may contribute quick delivery of decisions or judgement. For instance, arguments in favour of mandatory representation by lawyers suggest that judges are more comfortable when communicating with licensed lawyers than with people who do not have a lawyer’s license, that qualified representatives may contribute overall eficiency and legality of proceedings, that lawyers’ rules of professional ethics serve interest of the parties and protect them from unprofessional and unfair lawyer’s treatment etc. Does this means that only licensed lawyers are able to represent party’s interest in a professional manner or this can be duly done by other persons as well, e.g. persons who are graduate lawyers but do not hold the Bar’s licence or other persons whose authorization to represent before courts and administrative proceedings comes directly from the word of the law, company’s legal acts or an act of the competent state authorities? The subject of this paper is the matter of representation of parties in civil proceedings and proceedings before administrative bodies and tribunals, primarily on the basis of power of attorney - in proceedings before the courts the most common basis of representation. Author is also questioning the logic of current legislation and warns about the need for more coherent and systematic approach to the representation in civil and administrative matters.

Ključne riječi

representation; licensed attorneys: civil proceedings: administrative proceedings

Hrčak ID:

85431

URI

https://hrcak.srce.hr/85431

Datum izdavanja:

21.5.2012.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.645 *