Conference paper
https://doi.org/10.31141/zrpfs.2025.62.156.259
Administrative Contracts in the Case-Law of the Constituitonal Court of the Republic of Croatia
Snježana Bagić
; Ustavni sud Republike Hrvatske
Abstract
An administrative contract is a contract concluded under public law on behalf of one or more
subjects of public administration. These contracts were introduced in the Croatian legal system by
the General Administrative Procedure Act, which defines them as bilateral legal acts that the state or
a public body concludes with third parties (natural and legal persons) in order to achieve an objective
of general public interest under the conditions set by special legislation. The case-law of regular
courts on the interpretation and application of administrative contracts, and contracts that have certain
characteristics of administrative contracts in their content, is relatively well established, albeit not
very extensive.Unlike the regular courts, however, the case-law of the Constitutional Court of the
Republic of Croatia with regard to the interpretation and/or application of administrative contracts
is extremely sparse. The Constitutional Court has a relatively well-established jurisprudence when it
comes to areas that parties to administrative contracts mutually regulate among themselves, such as
public tenders, various types of concessions, taxes, etc. However, the issues that the Constitutional
Court deals with in these cases, not only in cases of abstract control but also cases of concrete
control, relate primarily to the efficient court protection, the right of access to a court, the nature
of public expenditure and the like. The article thus presents several decisions of the Constitutional
Court in which it ruled on the violation of the constitutional rights in the procedures for selecting the
most favourable bidder and granting a concession on a public good.
Keywords
administrative contract; public law; separate legislation; public tender; concessions
Hrčak ID:
333803
URI
Publication date:
30.6.2025.
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