Izvorni znanstveni članak
https://doi.org/10.47960/2637-2495.2021.29.42
PROCEDURE FOR RESOLVING A DISPUTED LEGAL ISSUE WITH REFERENCE TO THE PREVIOUS PROCEDURE BEFORE THE EUROPEAN COURT OF JUSTICE
Mirjana Kevo
orcid.org/0000-0002-7483-5962
; Pravni fakultet Sveučilišta u Mostaru
Minja Belović
orcid.org/0000-0002-0138-7775
; Općinski sud Mostar
Sažetak
The Law on Amendments to the Civil Procedure Code of the Federation of Bosnia and Herzegovina from 2015 brought numerous novelties in civil procedure. One of them is the introduction of the institute of resolving a disputed legal issue. After article 61, article 14 of the Law on Amendments to the Law on Civil Procedure Code of the Federation of Bosnia and Herzegovina from 2015 added a new chapter III a, and Art. 61a to 61f under the title Procedure for resolving a disputed
legal issue. The reasons for introducing this legal institute into our legal system are reflected in the contribution to legal security and equality before the courts of first instance, and in increasing the efficiency and economy of the procedure. This institute is compared to the preliminary ruling procedure before the European Court of Justice. The paper will analyse the provisions of the Procedure for resolving the disputed legal issue, and special attention will be given to the analysis of the practice of the
Supreme Court of the Federation of Bosnia and Herzegovina related to this institute. Generally the legal nature of the procedure for resolving a disputed legal issue is examined, the conditions and persons authorized to initiate it are considered, as well as
the decisions of the Supreme Court of the Federation of Bosnia and Herzegovina on the disputed legal issue. The preliminary ruling procedure before the European Court of Justice will be considered in advance. Solutions in comparative law will also be
pointed out.
Ključne riječi
Hrčak ID:
271568
URI
Datum izdavanja:
27.1.2022.
Posjeta: 1.081 *