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Court Protection of the State Servants’ Rights in Disciplinary Procedures

Damir Juras orcid id orcid.org/0000-0002-2933-5897 ; Ministarstvo unutarnjih poslova Republike Hrvatske, Split, Hrvatska


Puni tekst: hrvatski pdf 1.645 Kb

str. 541-568

preuzimanja: 1.095

citiraj


Sažetak

The author outlines the judicial bodies (the High Administrative Court, administrative courts, the Supreme Court, the Constitutional Court and the European Court of Human Rights) in which state servants of the Republic of Croatia can seek court protection against enforceable decisions in disciplinary procedures. The bodies are enumerated in the hierarchical order of appeal, which must be obeyed. The author analyses the Croatian legislation, describes the development of court protection of civil servants, provides statistical data on the performance of administrative courts, and performs a comparative analysis of the legislation related to the protection of civil servants in administrative courts. The paper proceeds by explaining the proceedings before the Supreme Court, the Constitutional Court, and the European Court of Human Rights. The explanation includes the court practice of the ECHR. It is concluded that state civil servants of the Republic of Croatia are now better protected in courts than before, but their right to appeal in administrative disputes is rather limited. The procedure before the administrative court is a dispute of full jurisdiction and the protection of the European Court of Human Rights is ensured to all the categories of civil servants. Considering the draft law proposal that all first-instance procedures in administrative courts are led by a single judge, it is suggested that the »filters« for appeal to the Supreme Court are abolished, and to improve the economy and efficiency of the administrative procedure and administrative dispute by abolishing the second instance of administrative procedure.

Ključne riječi

disciplinary responsibility, disciplinary procedure, state servant, the European Court of Human Rights, administrative dispute, administrative court, the Supreme Court, constitutional complaint, the Constitutional Court

Hrčak ID:

130585

URI

https://hrcak.srce.hr/130585

Podaci na drugim jezicima: hrvatski

Posjeta: 1.499 *