Izvorni znanstveni članak
https://doi.org/10.32984/gapzh.12.1.3
Transformation of Administrative Justice by Application of Supranational Law
Bosiljka Britvić Vetma
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Frane Staničić
orcid.org/0000-0001-8304-7901
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Božidar Horvat
; Županijski sud u Osijeku, Osijek, Hrvatska
Sažetak
In the last few decades we notice the increasing merging of the European legal system and national legal systems. By coming into force of the Charter of Fundamental Rights of the European Union the efforts to continue in the same direction in the sphere of public law in member states have intensified. Within the framework of the globalization of law, the European identity and traditions should be defended. There are two ways of promoting this system. The first is legal discipline and cooperation of institutions based on the duty of national courts to implement their European obligations. The second is the development of informal cooperation among European judges in order to gradually develop a common culture and methods of work, thus enabling the promotion of the European legal system. This development not only enables the unquestionable legitimacy of supranational law in the eyes of national administrative courts but also intensifies the influence of the Court of Justice of the European Union and the European Court of Human Rights. The aim of this paper is to analyse the influence of supranational law on the development of administrative justice and to detect changes that this influence has introduced in the traditional administrative systems which are inherently national. There are two issues that need have to be emphasized in the context of the development of administrative justice: first, the importance of direct application of supranational law in administrative disputes before national courts whenever this is necessary, and second, the influence of informal cooperation: the “dialogue of judges”.
Ključne riječi
administrative justice; supranational law; transformation; dialogue of judges
Hrčak ID:
260592
URI
Datum izdavanja:
16.7.2021.
Posjeta: 1.541 *