Pregledni rad
https://doi.org/10.32984/gapzh.11.1.6
Analysis of the European Institute of Temporary Protection.
Mario Krešić
orcid.org/0000-0002-0014-4157
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The theoretical tools which are useful for the analysis of legal institutes include models of institutions, models of the application of rules, and models of relations between normative systems. The author analyses the European institute of temporary protection focusing on the related practical problems. Namely, its inadequate application can endanger the functioning of states and the European order, cause tensions in relations between states and attribute unfair responsibility to states. In this study, the author applies the first two theoretical tools and demonstrates their usefulness in determining the following characteristics of institutes: their type, a part of structure related to background principles and possibilities of legal regulation of their application. Starting from the premise that the cause of the neglect of the institute is a lack of its understanding, we will assumd three objections to its application and analyse the objection according to which the decision on the application of the institute is an exclusively political issue.
Ključne riječi
temporary protection; institutional regulation; discretion; application of rules, theory of law
Hrčak ID:
247609
URI
Datum izdavanja:
10.12.2020.
Posjeta: 1.150 *