Review article
https://doi.org/10.30925/zpfsr.46.1.9
The Binding Force of Court Decisions and Enforcement According to the New Administrative Disputes Act of 2024
Marko Šikić
orcid.org/0000-0002-0146-9391
; University of Zagreb, Faculty of Law
*
Lana Ofak
orcid.org/0000-0001-7585-6370
; University of Zagreb, Faculty of Law
* Corresponding author.
Abstract
This paper examines key issues related to the binding nature of court decisions in administrative disputes and the procedure for their enforcement. Following the introductory chapter, the paper first presents the regulation of the binding nature of administrative court decisions and the enforcement procedure based on previous regulations (the Act on the Adoption of the Administrative Disputes Act of 1991 and the Administrative Disputes Act of 2010, including its amendments from 2014 regarding enforcement). The main part of the paper analyses the provisions of the new Administrative Disputes Act, which came into force on 1 July, 2024. These provisions aimed to regulate the enforcement procedure of administrative court decisions in more detail, thereby contributing to greater legal certainty and better protecting the rights of the involved parties. The paper concludes that the new provisions have corrected previously identified shortcomings in the legal regulation of the enforcement procedure. It also concludes that stricter sanctions for failing to enforce final judgments can positively influence the discipline of public authorities and act as a preventive measure, ensuring that these authorities enforce final judgments of administrative courts within the set deadlines and in accordance with the legal interpretations and observations of the court.
Keywords
binding nature of court decisions; enforceability of court decisions; finality; enforcement; administrative dispute
Hrčak ID:
330041
URI
Publication date:
15.4.2025.
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