Original scientific paper
THE EXCESSIVE LEGISLATIVE REGULATION OF RELATIONSHIPS AND THE PROCEDURE IN SOCIAL CARE – OBSTACLES PREVENTING THE FULFILMENT OF RIGHTS
Marinko Đ. Učur
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Sandra Laleta
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Vanja Smokvina
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Abstract
The new Social Care Act was enacted and entered into force in May, 2011 (Official Gazette no. 57/2011 from May 25th, 2011). The Government by this Act continues to provide protection in social care relations, in particular to these who are week, helpless, abandoned and unemployed. According to the legislative provisions, the protection is also given to people with disabilities and plans are made for their integration in social life. Moreover, separate provisions regulate protection of children without parents and children without parental care. Up to now the social care system was realised in accordance with the Social Care Act (Official Gazette no. 73/1997, 27/2001, 59/2001, 82/2001, 103/2003, 44/2006 and 79/2009) which came into force on January 1st, 1998, as well as with sixteen additional regulations for implementation of that Act. The number of legislative acts is higher in case indirect legislative regulations are also included.
The authors emphasize the need to perform comprehensive analysis of the new Social Care Act. From nomotehnical point of view they raise issue regarding the excessive regulations of relationships in social care and in proceedings for fulfilment of rights, which is considered to be a direct obstacle for these who could be entitled to social care rights to fulfil such legally regulated rights. While discussing this issue, the authors acknowledge the significance of other issues and relations in social case being a highly complex area.
Keywords
social care; regulating; procedure; obstacles; subjects and rights
Hrčak ID:
82253
URI
Publication date:
20.12.2011.
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