Pregledni rad
https://doi.org/10.30925/zpfsr.40.1.15
THE ROLE OF ADMINISTRATIVE COURTS AND THE EUROPEAN UNION COURT IN THE CREATION OF LEGAL REGULATIONS AND ADMINISTRATIVE COURT PRACTICE
Bosiljka Britvić Vetma
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska; Vrhovni sud Republike Hrvatske, Zagerb, Hrvatska
Sažetak
This paper primarily deals with the role of administrative courts in the creation of legal regulations. How legal regulations are interpreted is emphasised as is how the quality of interpretation also defines the quality of court practice. The author emphasises that it is not always an easy task. How court practice is not a legal but also a social phenomenon is mentioned. So too are all relations that require legislative intervention. They can offer the judge the opportunity to develop rules of court practice. Even though court practice can never replace the legal rule, it is certainly a logical continuation or extension of legal rules and even an indispensable addition. Therefore, it is court practice’s subject of interest which is as varied as the subject of legal rules’ interest. That is why the contribution of administrative court practice and its role is equally as important in the life of the individual as it is in public life. Given that the rule is maintained in the judgement, the judgement should as precisely as possible express the real meaning of the law and the thought of the judge who applies that law. The totality of the judgement should comprise a harmonised whole. The
explanation gives the decision legitimacy and at the same time explains it. The author also analyses the limits of the application of the judgement of the European Union Court. This includes the interpretative role as well as which obligations the European Union Court judgement sets before the member state and its citizens. At the same time, it points out how national administrative judges should behave towards them.
Ključne riječi
purposive interpretation; conditions for administrative court practice formation; meaning of administrative court practice; role of the European Union Court in the creation of administrative court practice
Hrčak ID:
219398
URI
Datum izdavanja:
8.4.2019.
Posjeta: 2.545 *