Izvorni znanstveni članak
The Influence of the EC Case Law on the Croatian Administrative Law
Dario Đerđa
; Pravni fakultet Sveučilišta u Rijeci
Aleksandra Popovski
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
The aim of this paper is to elaborate the influence of European Union law on the Croatian administrative law. General influence of European Union law on national legal system isanalysed in the first part of the paper. Therefore, authors analyse the supremacy of European Union law which is considered to be the main condition for its unique application. The principle of direct effect and the principle of direct applicability of European Union law in the field of administrative law are also analysed. Authors pay special attention on general principles defined by the European Union and theirinfluence on the Croatian administrative law. Forthat purpose authors analyse the role of the Court of the European Union in the activity of formulating legal rules. Furthermore, the paper contains the overview of the manner in which standpoints of the Court of the European Union affect the Croatian legislation as well as their usefulness in the area of gap filling. Authors also analysethe importance of the case law in the area of interpretation and application of the national legal rules. Finally, authors conclude in which manner case law of European Union Court affects public authority activities when those bodies in administrative adjudication apply national and European administrative law.
Ključne riječi
The Court of the European Union; general principles of law; proportionality; equality; liability for damages; administrative law; Croatia
Hrčak ID:
130784
URI
Datum izdavanja:
7.4.2014.
Posjeta: 3.663 *