Ostalo
New Regulations on Subject of the Administrative Dispute in the Republic of Croatia
Inga Vezmar Barlek
; Visoki upravni sud Republike Hrvatske, sutkinja
Sažetak
The article presents an analysis of provisions of the new Administrative Disputes Act which regulate the subject of the administrative dispute. The subject of the administrative dispute has been substantially amended in regards to previous legal solutions. Except from deciding on legality of an individual act and legal protection given in cases of administrative silence where the expected administrative act was not passed (that where already accepted as cases upon which the Court presents its ruling), according to new provisions legal protection is also given to citizens if administrative body does not act in conformity with legal regulations. The Court has a competence to decide over administrative dispute due to request for protection of legality assessing the legality of actions of public legal bodies, the legality of stipulation, termination and fulfilment of the administrative contract as well as the legality of general administrative acts of the body of the unit of local and regional self-government, legal person vested with public powers and legal person that performs a public service. Furthermore, a party filling the law suit may submit a motion to postpone the enforcement of the administrative act against which the law suit is filed. In addition, the party may include a specific claim in relation to return of things or payment of compensation for damages within the law suit. The new provisions present substantial alterations on bearing of costs in administrative disputes.
Ključne riječi
subject of the administrative dispute; individual decision; actions of public legal body; administrative silence; administrative contract; general act; postponing effect of the law suit; additional claims; preliminary injunctions; costs in administrative dispute
Hrčak ID:
87760
URI
Datum izdavanja:
16.4.2012.
Posjeta: 11.828 *